Florida Statutes 466.026 – Prohibitions; penalties
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(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:
For details, see Fla. Stat. § 775.082(3)(e) and Fla. Stat. § 775.082(4)(a)
(a) Practicing dentistry or dental hygiene unless the person has an appropriate, active license issued by the department pursuant to this chapter.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 466.026
- Board: means the Board of Dentistry. See Florida Statutes 466.003
- Dental assistant: means a person, other than a dental hygienist, who, under the supervision and authorization of a dentist, provides dental care services directly to a patient. See Florida Statutes 466.003
- Dental hygiene: means the rendering of educational, preventive, and therapeutic dental services pursuant to ss. See Florida Statutes 466.003
- Dental hygienist: means a person licensed to practice dental hygiene pursuant to this chapter. See Florida Statutes 466.003
- Dentist: means a person licensed to practice dentistry pursuant to this chapter. See Florida Statutes 466.003
- Dentistry: means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures. See Florida Statutes 466.003
- Department: means the Department of Health. See Florida Statutes 466.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(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.
(c) Presenting as her or his own the license of another.
(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.