64B5-13.0046. Citation Authority

(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.

(5) Violation of rule 64B5-4.003, F.A.C., as follows:

(a) Violation of subsection 64B5-4.003(2), F.A.C., by providing an advertisement that failed to contain fee information with a disclaimer that the fee is a minimum fee only.

(b) Violation of subsection 64B5-4.003(3), F.A.C., by providing an advertised fee for a dental service which does not state a specified period during which the fee is in effect.

(c) Violation of subsection 64B5-4.003(4), F.A.C., by providing an advertisement which states a particular dental service is for a fee yet it is not accompanied by a description of that service using the exact wording for that service contained in the American Dental Association’s “Code on Dental Procedures and Nomenclature”.

(d) Violation of subsection 64B5-4.003(5), F.A.C., by providing an advertisement for free or discounted services which does not comply with the requirements of section 456.062, F.S., and/or clearly identify the dates that free, discounted or reduced fee services will be available.

(6) The penalty for a violation of rule chapter 64B5-4, F.A.C., as enumerated above is as follows: first offense will result in a $250.00 fine; second offense will result in a $1,000.00 fine, reprimand and four (4) hour continuing education in ethics. Violations occurring subsequent to the second offense of the same rule or statute shall require the procedures of section 456.073, F.S., to be followed.

(7) Violation of paragraph 466.028(1)(n), F.S., failure to timely make available to a patient or client, or to his legal representative or to the Department, if authorized in writing by the patient, copies of documents in the possession or under control of the licensee, which relate to the patient or client. Timely means less than 30 days from the receipt of the written authorization. The subject of the citation has 10 business days from the date the citation becomes a final order to release the patient records. The penalty shall be a $1,000.00 fine.

(8) Violation of subsection 466.028(1)(mm), F.S., by violation of section 456.035(1), F.S., which requires licensees to notify the Board of change of address. The penalty shall be a $250.00 fine.

(9) Violation of subsection 466.028(1)(dd), F.S., by presigning laboratory work order forms. The penalty shall be a $500.00 fine.

(10) Violation of sections 466.028(1)(a), and (mm), F.S., by means of submission of insufficient funds for initial license or renewal or any other payment to the Department of Health.

(11) Violation of paragraph 456.072(1)(gg), F.S., by a violation of paragraph 893.055(3)(a), F.S., for a failure to report controlled substance dispensing information to the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System. The penalty shall be a $250.00 fine.

(12) Violation of paragraph 456.072(1)(gg), F.S., by a violation of subsection 893.055(8), F.S., for a failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to dispensing a controlled substance. The penalty shall be a $100.00 fine.

(13) Citations shall be issued to licensees by the Bureau of Investigative Services only after review by the legal staff of the Department of Health. Such review may be by telephone, in writing or facsimile machine.

(14) Except for violations of rule chapter 64B5-4, F.A.C., as stated above, the procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of section 456.073, F.S., shall apply.

(15) Citations are to be served upon the subject either by personal service or by certified mail, restricted delivery, to the last known business or residence address of the subject.

(16) The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. All fines and costs are to be made payable to the “Board of Dentistry – Citations” and sent to the Department of Health in Tallahassee. A copy of the citation shall accompany the payment of the fine or costs.

(17) If the subject rejects the Department of Health’s offer of the citation then the procedures of section 456.073, F.S., shall apply to the original charge. In cases where the subject fails to comply with the penalty, a complaint for violation of section 456.072(1)(q), F.S., shall be filed and investigated.

Rulemaking Authority 456.077, 466.004(4) FS. Law Implemented 456.072(3)(a), 456.077 FS. History–New 12-24-91, Formerly 21G-13.0046, Amended 11-22-93, Formerly 61F5-13.0046, 59Q-13.0046, Amended 7-19-01, 10-9-06, 2-7-08, 8-25-10, 2-11-15, 8-6-18.