64B5-4.004: Advertising Specialty Services
PURPOSE AND EFFECT: To repeal the rule due to the case of Ducoin v. Board of Dentistry.
SUMMARY: The Board proposes to repeal the rule due to the case of Ducoin v. Board of Dentistry.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not have an impact on small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 466.004(4), 466.019 FS.
LAW IMPLEMENTED: 466.019, 466.028(1)(d), 466.0282 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, FL 32399-3258
THE FULL TEXT OF THE PROPOSED RULE IS:
64B5-4.004 Advertising Specialty Services.
(1) The Board recognizes as a specialty only those specialties recognized by the American Dental Association (ADA).
(2) Any advertisement of specialty services must state whether the service will be performed by a general dentist or a specialist. Only dentists who meet the qualifications of subsection 64B5-4.004(4), F.A.C., may hold themselves out as specialists. Specialty services advertised by a dentist who is not so qualified and who limits his practice to a specialty area must be advertised in the following manner: General Dentist, Practice limited to (particular specialty area).
(3) Specialty services for the purpose of this rule shall include all endodontic procedures (ADA Code # 03000-03999), all orthodontic procedures (ADA Code # 08000-08999), all oral surgery procedures except nonsurgical extraction (ADA Code # 07200-07999), and all periodontal surgical procedures (ADA Code # 04200-04272). Use of terms which generally describe specialty services, i.e. childrens dentistry, pediatric dentistry, pedodontics or similar phrases are also considered to be advertisement of specialty services.
(4) No dentist may hold himself or herself out as a specialist unless such licensee meets one of the following qualifications:
(a) The dentist is eligible for examination by an ADA recognized national specialty board.
(b) The dentist is a diplomate of an ADA recognized national specialty board.
(c) The dentist has continuously held himself out as a specialist since December 31, 1964.
(d) The dentist has completed a specialty educational program approved by the American Dental Association and the Commission on Dental Accreditation.
(5) No dentist may advertise a service in a manner which in its form or content would lead a reasonable person to believe that the service is a specialty unless that service is a specialty recognized by the Board. For example, it is misleading for a dentist to advertise that he is a specialist or that he limits his practice to the diagnosis and treatment of temporomandibular joint disorders, facial pain therapy or implantology since these are not Board recognized specialties. However, a dentist may advertise that he diagnoses and treats temporomandibular joint disorders or facial pain and that he places dental implants.
Rulemaking Specific Authority 466.004(4), 466.019 FS. Law Implemented 466.019, 466.028(1)(d), 466.0282 FS. HistoryNew 1-11-89, Formerly 21G-4.004, 61F5-4.004, Amended 6-9-96, Formerly 59Q-4.004, Repealed________.
