Florida Statutes

Fla. Stat. § 466.026 (2025)

Prohibitions; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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466.026 Prohibitions; penalties.—

(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) Practicing dentistry or dental hygiene unless the person has an appropriate, active license issued by the department pursuant to this chapter.

(b) Using or attempting to use a license issued pursuant to this chapter which license has been suspended or revoked.

(c) Knowingly employing any person to perform duties outside the scope allowed such person under this chapter or the rules of the board.

(d) Giving false or forged evidence to the department or board for the purpose of obtaining a license.

(e) Selling or offering to sell a diploma conferring a degree from a dental college or dental hygiene school or college, or a license issued pursuant to this chapter, or procuring such diploma or license with intent that it shall be used as evidence of that which the document stands for, by a person other than the one upon whom it was conferred or to whom it was granted.

(2) Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:

(a) Using the name or title “dentist,” the letters “D.D.S.” or “D.M.D.”, or any other words, letters, title, or descriptive matter which in any way represents a person as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the teeth or jaws or oral-maxillofacial region unless the person has an active dentist’s license issued by the department pursuant to this chapter.

(b) Using the name “dental hygienist” or the initials “R.D.H.” or otherwise holding herself or himself out as an actively licensed dental hygienist or implying to any patient or consumer that she or he is an actively licensed dental hygienist unless that person has an active dental hygienist’s license issued by the department pursuant to this chapter.

(d) Knowingly concealing information relative to violations of this chapter.

(e) Performing any services as a dental assistant as defined herein, except in the office of a licensed dentist, unless authorized by this chapter or by rule of the board.

History.—ss. 1, 3, ch. 79-330; ss. 2, 3, ch. 81-318; ss. 17, 23, 24, ch. 86-291; s. 60, ch. 91-137; s. 7, ch. 91-156; s. 94, ch. 91-224; s. 4, ch. 91-429; s. 261, ch. 97-103; s. 56, ch. 2000-318.

Arrestable Offenses under F.S. 466.026

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§466.026(1a)HEALTH-SAFETYPRACTICE DENTISTRY/DENTAL HYGIENE W/O LICENSEF · 3rd

§466.026(1b)HEALTH-SAFETYUSE ATT TO USE SUSP REVOKED DENTAL HYGIENE LICF · 3rd

§466.026(1c)HEALTH-SAFETYEMPLOY PERSON DENTAL DUTIES OUTSIDE LIC SCOPEF · 3rd

§466.026(1d)PASS FORGEDEVIDENCE TO OBTAIN DENTAL HYGIENIST LICENSEF · 3rd

§466.026(1d)FRAUD-FALSE STATEMENTGIVE FALSE EVID TO OBT DENTAL HYGIENIST LICF · 3rd

§466.026(1e)FRAUDSELL OR BUY DIPLOMA OR LIC OF DENTAL HYGIENISTF · 3rd

§466.026(2a)FRAUD-IMPERSONUSE TITLE DENTIST DDS DMD WITHOUT LICENSEM · 1st

§466.026(2b)FRAUD-IMPERSONUSE TITLE DENTAL HYGIENIST RDH WITHOUT LICENSEM · 1st

§466.026(2c)FRAUD-IMPERSONPRESENT DENTAL HYGIENIST LICENSE OF ANOTHERM · 1st

§466.026(2d)PUBLIC ORDER CRIMESCONCEAL INFORMATION DENTAL HYGIENIST LICENSINGM · 1st

§466.026(2e)HEALTH-SAFETYPERFORM DENTAL ASSIST SRVC OUTSIDE LIC OFFICEM · 1st

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Berger v. Dept. of Prof. Reg.. Dentistry, 653 So. 2d 479 (Fla. 3d DCA 1995).

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Berger v. Dept. of Prof. Reg.. Dentistry, 653 So. 2d 479 (Fla. 3d DCA 1995). · cites it 4× “" following his name, which, the agency alleged, violated section 466.026(2)(a), Florida Statutes (1991).”

— 466.026(2)(a) — 1 case

Berger v. Dept. of Prof. Reg.. Dentistry, 653 So. 2d 479 (Fla. 3d DCA 1995). “" following his name, which, the agency alleged, violated section 466.026(2)(a), Florida Statutes (1991).”

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