The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 466
DENTISTRY, DENTAL HYGIENE, AND DENTAL LABORATORIES

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F.S. 466.0282

466.0282 Specialties.—

(1) A dentist licensed under this chapter may not hold himself or herself out as a specialist, or advertise membership in or specialty recognition by an accrediting organization, unless the dentist:

(a) Has completed a specialty education program approved by the American Dental Association and the Commission on Dental Accreditation and:

1. Is eligible for examination by a national specialty board recognized by the American Dental Association; or

2. Is a diplomate of a national specialty board recognized by the American Dental Association; or

(b) Has continuously held himself or herself out as a specialist since December 31, 1964, in a specialty recognized by the American Dental Association.

(2) A dentist licensed under this chapter may not represent to the public without appropriate disclosure that his or her practice is limited to a specific area of dentistry other than a specialty area of dentistry authorized under subsection (1), unless the dentist has attained membership in or has otherwise been credentialed by an accrediting organization which is recognized by the board as a bona fide organization for such an area of dental practice. In order to be recognized by the board as a bona fide accrediting organization for a specific area of dental practice other than a specialty area of dentistry authorized under subsection (1), the organization must condition membership or credentialing of its members upon all of the following:

(a) Successful completion of a formal, full-time advanced education program that is affiliated with or sponsored by a university-based dental school and is:

1. Beyond the dental degree;

2. At the graduate or postgraduate level; and

3. Of at least 12 months in duration.

(b) Prior didactic training and clinical experience in the specific area of dentistry which is greater than that of other dentists.

(3) Notwithstanding the requirements of subsections (1) and (2), a dentist who lacks membership in or certification, diplomate status, or other similar credentials from an accrediting organization approved as bona fide by either the American Dental Association or the board may announce a practice emphasis in any other area of dental practice if the dentist incorporates in capital letters or some other manner clearly distinguishable from the rest of the announcement, solicitation, or advertisement the following statement: “ (NAME OF ANNOUNCED AREA OF DENTAL PRACTICE) IS NOT RECOGNIZED AS A SPECIALTY AREA BY THE AMERICAN DENTAL ASSOCIATION OR THE FLORIDA BOARD OF DENTISTRY.” If such an area of dental practice is officially recognized by an organization which the dentist desires to acknowledge or otherwise reference in the dentist’s announcement, solicitation, or advertisement, the same announcement, solicitation, or advertisement shall also state prominently: “ (NAME OF REFERENCED ORGANIZATION) IS NOT RECOGNIZED AS A BONA FIDE SPECIALTY ACCREDITING ORGANIZATION BY THE AMERICAN DENTAL ASSOCIATION OR THE FLORIDA BOARD OF DENTISTRY.”

(4) The purpose of this section is to prevent a dentist from advertising without appropriate disclosure membership in an organization which may be perceived by the public as recognizing or accrediting specialization or other unique competencies in an area of dentistry that is not recognized or accredited by the American Dental Association or the board in accordance with this section. The purpose of this section is also to prohibit a dentist from advertising a specialty or other area of dental practice without appropriate disclosure unless the special competencies held by the dentist satisfy the requirements of subsection (1) or subsection (2). The Legislature finds that dental consumers can reasonably rely on these requirements as satisfactory evidence of a dentist’s attainment of meaningful competencies in the specialty or other bona fide area of dental practice advertised. The Legislature also finds that this process for the recognition of dental specialties and other bona fide areas of dental practice is the least restrictive means available to ensure that consumers are not misled about a dentist’s unique credentials.

History.—s. 4, ch. 94-105; s. 6, ch. 96-281; s. 1111, ch. 97-103; s. 3, ch. 99-183.

F.S. 466.0282 on Google Scholar

F.S. 466.0282 on Casetext

Amendments to 466.0282

Arrestable Offenses / Crimes under Fla. Stat. 466.0282

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 466.0282.

Annotations, Discussions, Cases:

Cases from cite.case.law:

v., 537 U.S. 1080 (U.S. 2002)

. . . The current version of § 466.0282 of the Florida Statutes allows Florida-licensed dentists to advertise . . . Ann. §466.0282(3) (2001). Likewise, if Dr. . . .

A. BORGNER, v. G. BROOKS,, 284 F.3d 1204 (11th Cir. 2002)

. . . presents an issue of first impression: whether the disclosure provision of Florida Statutes section 466.0282 . . . After reviewing section 466.0282 under the test articulated in Central Hudson Gas and Electric Corp. . . . At the urging of the Board, the Florida legislature amended section 466.0282, adding in pertinent part . . . Before analyzing section 466.0282 under the Central Hudson test, we must first determine whether the . . . Stat. § 466.0282(4). . The district court found the Board’s survey results unpersuasive. . . . HILL, Circuit Judge, dissenting: The majority upholds section 466.0282 against the claim that it unconstitutionally . . . The majority holds that section 466.0282 protects the public from misleading advertising by limiting . . . Indeed, the Board itself, prior to the legislature’s enactment of section 466.0282 in 1994, recognized . . . As a result, I would affirm the district court’s holding that Florida Statute section 466.0282 has not . . .

A. BORGNER, D. D. S. v. G. BROOKS, M. D., 152 F. Supp. 2d 1317 (N.D. Fla. 2001)

. . . . § 466.0282 (1996). . . . Fla.Stat. § 466.0282(1). . . . . § 466.0282(1). III. Dr. . . . Fla.Stat. § 466.0282(4) (1999). . . . Either way, section 466.0282 restricts Dr. . . .

A. BORGNER, D. D. S. v. COOK, D. M. D, G. D. D. S. J. D. D. S. L. D. D. S. R. II, D. M. D. E. D. M. D. B. R. D. H. J. H. L., 33 F. Supp. 2d 1327 (N.D. Fla. 1998)

. . . ”), ask the court to declaré unconstitutional, and to enjoin the defendants from enforcing, section 466.0282 . . . Plaintiffs contend that section 466.0282 violates the First Amendment to the Amendment to the United . . . Stat., § 466.0282(1) (1996). . . . Stat. § 466.0282(2) (1996). . . . Consequently, the effect of section 466.0282(1) — as interpreted by the Florida Board of Dentistry — . . .