Notice of Development of Rulemaking

DEPARTMENT OF HEALTH
Board of Dentistry
RULE NO: RULE TITLE
64B5-4.002: Advertising and Soliciting by Dentists
PURPOSE AND EFFECT: To add language regarding how dentists may advertise specialty recognition.
SUBJECT AREA TO BE ADDRESSED: How dentists may advertise specialty recognition.
SPECIFIC AUTHORITY: 466.004(4), 466.019 FS.
LAW IMPLEMENTED: 466.019, 466.028(1)(d) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Susan Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, FL 32399-3258

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

64B5-4.002 Advertising and Soliciting by Dentists.

(1) through (2) No change.

(3) No dentist shall disseminate or cause the dissemination of any advertisement or advertising which is in any way fraudulent, false, deceptive, or misleading in form or content. Additionally, no dentist shall disseminate or cause the dissemination of any advertisement or advertising which:

(a) through (g) No change.

(h) States or implies that the dentist has received formal recognition as a specialist in any aspect of the practice of dentistry, unless the dentist has in fact received such recognition and such recognizing agency is approved by the Board. However, a dentist may use on letterhead or advertising a reference to the dentist’s specialty recognition received from a recognizing agency that has not been approved by the Board only if the letterhead or advertising also contains in the same print size or volume the statement that “The specialty recognition identified herein has been received from a private organziation not affiliated with or recognized by the Florida Board of Dentistry.” For purposes of this rule, the Board approves the dental specialty certifying agencies recognized by the American Dental Association and the Commission on Dental Accreditation as recognzing agencies, and such other recognizing agencies as may request and receive future approval by the Board.

(4) through (7) No change.

Rulemaking Specific Authority 466.004(4), 466.019 FS. Law Implemented 466.019, 466.028(1)(d) FS. History–New 7-7-87, Amended 1-11-89, 10-29-90, 4-24-91, 7-14-92, Formerly 21G-4.002, Amended 3-30-94, Formerly 61F5-4.002, 59Q-4.002, Amended 5-20-01, 1-29-03, 2-26-06,________.