Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-13 - DISCIPLINARY ACTION › Section 64B5-13.0046 - Citation Authority

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board sets
				forth below those violations for which there is no substantial threat to the
				public health, safety, and welfare; or, if there is a substantial threat to the
				public health, safety, and welfare, such potential for harm has been removed
				prior to the issuance of the citation and the appropriate penalties for
				specific violations. The following subsections indicate those violations which
				may be disposed of by citation, with the accompanying penalty.
(2) Violation of Section 466.026(1)(a) and/or
				466.028(1)(mm),
				F.S., by practicing for a period of 2-6 months without an active license. The
				penalty for a dentist shall be a $1, 000.00 fine to be in addition to any
				reactivation fee, and completion within 6 months of 4 hours of continuing
				education in risk management. Said continuing education to be in compliance
				with rule Chapter 64B5-12, F.A.C., and in addition to any continuing education
				required for biennial renewal of licensure. The penalty for a dental hygienist
				shall be a $250.00 administrative fine.
(3) A first-time violation of Section
				466.028(1)(i) and/or 466.028(1)(a),
				F.S., and/or subsection
				64B5-12.013(1) or
				(2), F.A.C., by failing to complete the
				required continuing education credits. The penalty for a dentist shall be an
				administrative fine of $100.00 per hour not completed as required and
				completion of all continuing education hours that were not completed. The
				penalty for a dentist shall be an administrative fine of $150 for not
				completing the required training in cardiopulmonary resuscitation (CPR) at the
				basic life support level. Said continuing education shall be in compliance with
				rule Chapter 64B5-12, F.A.C., and shall not count toward any continuing
				education required for the biennium in which it is completed. The penalty for a
				dental hygienist shall be an administrative fine of $25.00 per hour not
				completed as required and completion of all continuing education hours that
				were not completed. The penalty for a dental hygienist shall be an
				administrative fine of $50 for not completing the required training in
				cardiopulmonary resuscitation (CPR) at the basic life support level. Said
				continuing education shall be in compliance with rule Chapter 64B5-12, F.A.C.,
				and shall not count toward any continuing education required for the biennium
				in which it is completed.
(4)
				Violation of Rule 64B5-4.002, F.A.C., as follows:
(a) Violation of subsection
				64B5-4.002(2),
				F.A.C., by failing to properly identify through license number or use of the
				licensee's commonly used name the Florida licensed dentist, who assumes total
				responsibility for the advertisement.
(b) Violation of subsection
				64B5-4.002(3),
				F.A.C., by disseminating or causing the dissemination of any advertisement or
				advertising which is in any way fraudulent, false, deceptive, or misleading in
				form or content.
(c) Violation of
				paragraph 64B5-4.002(3)(a),
				F.A.C., by disseminating or causing the dissemination of any advertisement that
				contains misrepresentations of facts.
(d) Violation of paragraph
				64B5-4.002(3)(b),
				F.A.C., by disseminating or causing the dissemination of any advertisement that
				is likely to mislead or deceive because in its context or in the context in
				which it is presented it makes only a partial disclosure of relevant
				facts.
(e) Violation of paragraph
				64B5-4.002(3)(c),
				F.A.C., by disseminating or causing the dissemination of any advertisement that
				contains laudatory statements about the dentist or group of dentists.
(f) Violation of paragraph
				64B5-4.002(3)(d),
				F.A.C., by disseminating or causing the dissemination of any advertisement that
				is intended or is likely to create false, unjustified expectations of favorable
				results.
(g) Violation of paragraph
				64B5-4.002(3)(e),
				F.A.C., by disseminating or causing the dissemination of any advertisement that
				relates to the quality of dental services provided as compared to other
				available dental services.
(h)
				Violation of paragraph
				64B5-4.002(3)(f),
				F.A.C., by disseminating or causing the dissemination of any advertisement that
				contains other representations or implications that in reasonable probability
				will cause an ordinary prudent person to misunderstand or to be
				deceived.
(i) Violation of
				subsection 64B5-4.002(4),
				F.A.C., by disseminating or causing the dissemination of any advertisement
				through in person and telephone solicitation of dental services by a dentist or
				his agent.
(j) Violation of
				subsection 64B5-4.002(5),
				F.A.C., by disseminating or causing the dissemination of any advertisement that
				includes the name of a person who is not either actually involved in the
				practice of dentistry at the advertised location or an owner of the practice
				being advertised.