dents and interns who have served in the hospital during the six months' period preceding the month in which the list is required to be furnished to the board. (4) The term "osteopathic hospital," as used in this law, is defined to mean a hospital in Florida approved by the board for residency and internship training, and the board is authorized to pass upon those hospitals which maintain a standard of residency training sufficient to be recognized by the board for that purpose. (5) The board may revoke or refuse to issue any temporary certificate, without advance notice, for any cause which would be a ground for its revocation or refusal to issue a license to practice osteopathic medicine, as well as on the following grounds:

(a) Omission of the name of a certificate holder from the list of interns and residents required by subsection (3) to be furnished to the board by the hospital served by the certificate holder;

(b) Any violation of § 459.02, it being the intent and purpose of this law to authorize persons holding certificates hereunder to engage only in bona fide hospital training programs at osteopathic hospitals.

(6) It is hereby constituted a misdemeanor for any osteopathic hospital, and also for the superintendent, administrator and other person or persons having administrative authority in an osteopathic hospital:

(a) To employ the services in the hospital of any person as an intern or as a resident, unless such person is the holder of a valid certificate under the law, or the holder of a license to practice osteopathic medicine under chapter 459, and (b) To fail to furnish to the board the list required by subsection (3). History. Comp. § 5, ch. 57-241.

CHAPTER 466

DENTISTRY, DENTAL HYGIENE AND DENTAL LABORATORIES

466.01 Objects and purposes of chapter.

466.02

Persons entitled to practice dentistry.

Persons exempt from operation of chapter.

466.03

466.04

What constitutes practicing dentistry.

466.05

466.06

Florida state board of dental examiners; terms of office.

466.07

Proprietor defined.

Qualifications of members of board.

466.08 Organization, powers, duties, etc., of board.

466.09

466.10

466.11

Definitions.

Quorum of board.

Power of board to administer oaths; issue subpoenas, service; penalty for refusing to obey subpoena or order.

Assistant secretary-treasurer of board; duties.

Applicants to file applications under oath.

Examinations; license certificates.

Automatic suspension, cancellation of licenses for failure to renew; notification; occupational license.

466.19 Change of address; duplicate license certificates and other certificates. 466.20 Examination fee; compensation of board; deposit of funds collected. 466.21 Dentists exempt from jury duty.

Suspension or revocation of license certificate for cause.

466.25 Filing of accusations against dentists, dental hygienists or dental laboratories; notice; hearing; review.

466.26

466.27 466.28

466.29

466.30

466.31

466.32 466.33

466.34

466.35

466.36

466.38

Suspension or revocation of license; notice to clerk of circuit court.

Professional signs; announcements.

Secretary-treasurer, records, bonding and annual board report.

Injunctions against unlawful practice of dentistry, etc.

Use of forged or invalid certificate; penalties.

Sale of forged or invalid certificates; penalties.

Expenses of board member to national association.

Enforcement of chapter; duty of board.

Employment of unlicensed persons by dentist; penalty.

Soliciting or advertisements by unlicensed persons; revocation of license of dentist using services of unlicensed person.

Practicing dentistry under assumed name; penalties.

466.37 Dental hygienist; examination; license; license certificate.

Number of dental hygienists employed; work to be performed; revocation of licenses.

Dental hygienist; renewal of license.

Dental hygienists; suspension or revocation of license; grounds.

Dental internes; institutional dentists and nonprofit corporations; issuance and revocation of permits.

Penalties for violation of chapter.

Dental college scholarships; how awarded.

Dental college scholarships; value and expenditure.

Dental college scholarships; agreement to practice in locality designated.

466.46 Dental college scholarships; state board of health to select list of communities needing dentists.

Penalty for violation of scholarship contract.

Objects and purposes.

Registration.

466.47

466.48

Rules and regulations.

466.50

466.51

Dental laboratory defined.

466.52

466.53

466.54

466.55

466.56

466.57

466.521 Ownership, address; change.

466.58

Board of dental examiners.

Periodic inspections required.

Suspension and revocation.
Rules.
Violations.

Penalties.

466.01 Objects and purposes of chapter.-The practice of dentistry in the state is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. It is further de clared to be a matter of public interest and concern that the dental profession merit and receive the confidence of the public and that only qualified dentists be permitted to practice dentistry in the state. All provisions of this chapter relating to the practice of dentistry and dental hygiene and to the registration of dental laboratories shall be liberally construed to carry out these objects and purposes.

History. § 1, ch. 20240, 1941; § 1, ch. 57–181.

466.02 Persons entitled to practice dentistry.—It shall be unlawful for any person to practice dentistry or dental hygiene in the state, except:

(1) Those who are now duly licensed and registered dentists, pursuant to law;

(2) Those who are now duly licensed and registered dental hygienists, pursuant to law;

(33) Those who may hereafter be duly licensed and registered as dentists or dental hygienists, pursuant to the provisions of this chapter.

History. § 1, ch. 14708, 1931; § 1, ch. 16971, 16973, 1935; CGL 1936 Supp. 3534(1): § 2, ch. 20240, 1941.

Cf. 458.16 Furnishing copies of mental or physical examination reports.
Cf. § 466.04, Practicing dentistry defined.

466.03 Persons exempt from operation of chapter.-Nothing in this chapter shall apply to the following practices, acts, and operations:

(1) To the practice of his profession and to surgical procedures involving the oral cavity by a physician or surgeon licensed as such under the laws of this state; or,

(2) To the giving by a qualified anaesthetist or registered nurse of an anaesthetic for a dental operation under the direct supervision of a licensed dentist; or,

(3) The practice of dentistry in the discharge of their official duties by graduate dentists or dental surgeons in the United States army, air force. marines, navy, public health service, coast guard, or veterans' administration; or, (4) The practice of dentistry by licensed dentists of other states or countries at meetings of the Florida state dental society or components thereof, or other like dental organizations approved by the board, while appearing as clinicians.

(5) To the filling of work orders of a licensed and registered dentist as here inafter provided by any person or persons, association, corporation, or other entity, for the construction, reproduction, or repair of prosthetic dentures, bridges. plates, or appliances to be used or worn as substitutes for natural teeth or for the regulation of natural teeth, provided that such persons, association, corporation, or other entity, shall have complied with the provisions of this chapter respecting registration of dental laboratories and shall not solicit or adver tise, directly or indirectly, by mail, card, newspaper, pamphlet, radio, tele vision, or otherwise, to the general public to construct, reproduce, or repair prosthetic dentures, bridges, plates, or other appliances to be used or worn as substitutes for natural teeth or for the regulation of natural teeth.

(6) Students in Florida schools of dentistry and dental hygiene approved by the board, while performing regularly assigned work under the curriculum of such schools.

(7) Instructors in Florida schools of dentistry or dental hygiene approved by the board while performing regularly assigned duties under the curriculum of such schools.

History. 3, ch. 20240, 1941; (5) by § 2, ch. 57–181; (1), (3), (5) a., (6) and (7) n. by 1, ch. 61-471.

466.04 What constitutes practicing dentistry.-Any person shall be deemed to be practicing dentistry who performs, or attempts or professes to perform, any dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money, or other remuneration paid, or to be paid, directly or indirectly, to himself or to any other person or agency; or who is a proprietor of a place where dental operations, oral surgery, or dental services are performed; or who directly or indirectly, by any means or method, takes an impression of the human tooth, teeth, or jaws; or supplies artificial substitutes for the natural teeth, or who furnishes, supplies, constructs, reproduces or repairs any prosthetic denture, bridge, appliance, or any other structure to be worn in the human mouth, except on the written work order of a duly licensed and registered dentist; or who places such appliance or structure in the human mouth, or adjusts or attempts or professes to adjust the same, or delivers the same to any person other than the dentists upon whose work order the work was performed; or who professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth, or who diagnoses, or professes to diagnose, prescribe for, or professes to prescribe for, treats, or professes to treat, disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure, or who extracts, or attempts to extract, human teeth, or corrects, or attempts to correct, malformations of teeth or of the jaws; or who repairs or fills cavities in the human teeth; or who uses a roentgen or x-ray machine for the purpose of exposing dental x-ray films or roentgenograms, except under the direction of a dentist licensed in this state, or who gives, or professes to give interpretations or readings of dental x-rays or roentgenograms; or who administers an anesthetic of any nature in connection with a dental operation, except as provided for in § 466.03 (2), or who uses the words dentist, dental surgeon, oral surgeon, or the letters D.D.S., D.M.D., or any other words, letters, title or descriptive matter which in any way represents him 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 adjacent structures; or who states, or professes, or permits to be stated or professed by any means or method whatsoever that he can perform, or will attempt to perform dental operations, or render a diagnosis connected therewith.

History.-§ 2, ch. 14708, 1931; CGL 1936 Supp. 3534 (2); § 4, ch. 20240, 1941; § 2, ch. 61-471.

466.05 Proprietor defined. The term proprietor as used in this chapter shall be deemed to include any person who:

or,

(1)

Employs dentists or dental hygienists in the operation of a dental office,

(2) Places in possession of a dentist or dental hygienist or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or,

(3) Retains the ownership or control of dental equipment or material or office and makes the same available in any manner for the use by dentists or dental hygienists or other agents; provided, however, that nothing in this subsection shall apply to bona fide sales of dental equipment or material secured by chattel mortgage or retain title agreement. A licensee of dentistry who enters into any of the above described arrangements with an unlicensed proprietor may have his or her license certificate suspended or revoked by the board. History. § 5, ch. 20240, 1941.

466.06 Florida state board of dental examiners; terms of office.

(1) For the purposes of this chapter, the state shall be divided into five geographical districts, which districts shall be designated and comprised of the counties named below:

(a) Northeast district: The northeast district shall be composed of the following counties: Jefferson, Madison, Hamilton, Suwannee, Lafayette, Columbia, Baker, Nassau, Duval, Bradford, Clay, St. Johns, Putnam, Union, Dixie, Flagler and Taylor counties.

(b) Central district: The central district shall be composed of the following counties: Alachua, Levy, Marion, Citrus, Sumter, Lake, Seminole, Orange, Volusia, Brevard and Gilchrist counties.

(c) West coast district: The west coast district shall be composed of the following counties: Hernando, Pasco, Hillsborough, Polk, Manatee, DeSoto, Glades,

27-166-64-pt. 2—17

Charlotte, Hardee, Pinellas, Lee, Highlands, Hendry, Osceola, Collier and Sarasota counties.

(d) East coast district: The east coast district shall be composed of the following counties: St. Lucie, Okeechobee, Palm Beach, Broward, Dade, Monroe, Indian River and Martin counties.

(e) Northwest district: The northwest district shall be composed of the following counties: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Liberty, Franklin, Gadsden, Leon, Wakulla and Gulf

counties.

(2) The Florida board of dental examiners as created by the laws of Florida is hereby continued as the agency of the state for the regulation of the practice of dentistry in the state and to carry out the purposes of this chapter, and is referred to herein as the board. Such board shall be composed of seven members, each member to be appointed by the governor. At no time shall less than one member of the board, nor more than two members thereof be appointed from any one geographical district of the state as above defined. The Florida state dental society may recommend from its membership not more than two nominees for each vacancy that exists or shall exist on the board by reason of expiration of term or otherwise and certify such nomination to the governor, who may make his appointment therefrom. The terms of the existing board members shall not be disturbed by this section as amended. Such term is to be for four years beginning February 1 of the year in which a vacancy occurs as the result of the expiration of a term and until a successor is appointed.

(3) Should a vacancy occur in any board membership before the expiration of the term thereof, the governor shall fill such vacancy by appointment for the remainder of the four year term, and until a successor is appointed. Nominations to fill any such vacancy may be made by the executive council of the Florida state dental society. Nothing in this section shall prevent any member from serving more than one term.

History. 3, ch. 14708, 1931; CGL 1936 Supp. 3534 (3); § 6, ch. 20240, 1941; § 1, ch. 29882, 1955; (2), (3) a. by § 3, ch. 61-471.

466.07 Qualifications of members of board. No person shall be appointed to the board who is not a qualified elector under the laws of Florida and who has not been engaged in the practice of dentistry in Florida for at least ten years next preceding his appointment. No person shall be eligible for appointment to the board who has been convicted of a violation of any of the provisions of this or any prior dental practice laws, or has been convicted of a felony.

History. 4, ch. 14708, 1931; CGL 1936 Supp. 3534(4); § 7, ch. 20240, 1941; § 2, ch 29882, 1955.

466.08 Organization, powers, duties, etc., of board.—The board shall exercise, subject to the provisions of this chapter, the following powers and duties:

(1) The board shall organize annually by electing one of its members as chairman, one as vice chairman, and one as secretary-treasurer. It shall adopt such rules for its government as it may deem proper and shall adopt and use a corporate seal. The board shall meet at least once a year, and oftener if necessary, at such times and places as it may from time to time designate.

(2) Conduct examinations to ascertain the qualifications and fitness of applicants for licenses to practice dentistry and for licenses to practice dental hygiene. (3) Prescribe rules and regulations for examination of candidates.

(4) Formulate rules and regulations by which dental schools and colleges shall be approved.

(5) Conduct hearings on proceedings to revoke or suspend, and revoke or suspend, a license, license certificate, renewal certificate or dental laboratory registration certificate granted under the authority of this chapter or previous laws, when evidence has been presented showing violation of any of the provisions of this chapter by the holder of such license, license certificate, renewal certifcate, or laboratory registration certificate.

(6) Conduct proceedings relative to the issuance or reissuance of licenses. license certificates, renewal certificates or dental laboratory registration certificates which have been revoked or suspended by board order.

(7) Grant licenses, issue license certificates, renewal certificates or dental laboratory registration certicates in conformity with this chapter to such applicants as have been found qualified.

(8) Issue permits for dental internes, institutional dentists and nonprofit corporations in conformity with this chapter to such applicants as have been found qualified.

(9) Make such rules and regulations as are necessary to carry out and make effective the provisions of this chapter.

History. § 5, ch. 14708, 1931; CGL 1936 Supp. 3534 (5); § 8, ch. 20240, 1941; (5)(7) a., (8) n. and former (8) renumbered (9) by 4, ch. 61-471.

466.09 Definitions. For the purposes of this chapter, the following terms are defined as:

(1) License The grant of authority by the board to any person to engage in the practice of dentistry or dental hygiene. Such license shall be a privilege personal to the licensee, and may be revoked or suspended by the board for violation of any of the provisions of this chapter.

(2) License certificate-The documentary evidence under seal of the board that said board has granted authority to the licensee to practice dentistry or dental hygiene in this state.

(3) Renewal certificate-The documentary evidence that the board has renewed the authority of the licensee to practice dentistry or dental hygiene in

this state.

(4) Conditional renewal certificate-The documentary evidence that the board has renewed the authority of the licensee to practice dentistry or dental hygiene in this state subject to such conditions as may be provided by this chapter.

(5) Laboratory registration certificate-The documentary evidence that a dental laboratory has registered under the provisions of this chapter.

(6) Gender-Wherever the masculine gender is used in this chapter it shall include the feminine gender.

History.—§ 9, ch. 20240, 1941; (4), (5) n. by § 3, ch. 57–181; (6) n. by § 5, ch. 61–471. 466.10 Quorum of board.-A majority of the members of the board shall constitute a quorum for the transaction of business, but should less than a quorum be present on the day appointed for a meeting, those present may adjourn from day to day or from time to time, until a quorum is present.

History. § 6, ch. 14708, 1931; CGL 1936 Supp. 3534(6); § 10, ch. 20240, 1941. 466.11 Power of board to administer oaths; issue subpoenas, service; penalty for refusing to obey subpoena or order.-The chairman, and in his absence, the vice-chairman, and in the latter's absence, the secretary-treasurer, shall have the power to administer oaths, take affirmations of witnesses, issue subpoenas and send for persons or papers, and to compel the attendance of witnesses, the production of all necessary papers, books, records, documentary evidence and materials, in any hearings, investigation, accusation or other matter coming before the board. The sheriffs of the several counties of the state or other officers authorized to serve process shall serve any subpoena or other order issued by said officer or officers of said board, and shall receive for such services the fees provided for like service to be paid on certification of such officer from any funds in the hands of the board. If any person refuses to obey any subpoena, process or order issued by said board, the said board may certify this fact to the circuit court of the judicial circuit wherein such proceeding is being held and it shall be the duty of the court to require such person to appear before it and show cause why he should not be adjudged in contempt, and, if upon hearing, the court shall find such person to be in contempt, the court shall deal with such person as provided in § 466.42.

History.-7, ch. 14708, 1931; CGL 1936 Supp. 3534 (7), 7712(1); § 11, ch. 20240, 1941; § 6, ch. 61-471.

Cf. § 30.23 Fees of sheriffs and constables.

466.12 Assistant secretary-treasurer of board; duties.—The secretary-treasurer of the board, with the consent of the board, shall have the power to employ at his pleasure one or more persons as assistant secretary-treasurers, who need not be members of the board nor practicing dentists. The assistant secretarytreasurers shall, in the name of the secretary-treasurer, be qualified to perform any of the duties of the secretary-treasurer in matters pertaining to the gathering of evidence in any violation of any of the provisions of this chapter, swearing out warrants, appearing before courts in prosecutions, and any other matters pertaining to the enforcement of the provisions of this chapter, but said assistant secretary-treasurer shall not be entitled to receive any witness or other fees out of the fine and forfeiture fund of any county on account of his testifying as a witness or any other services rendered by him under this chapter.

History. § 8, ch. 14708, 1931; CGL 1936 Supp. 3534 (8); § 12, ch. 20240, 1941; § 4. ch. 57-181.