2.6 Expert Witness Certificates, Intern & Teaching Permits, Non-Profit and Limited Licences
Key Takeaways
- An expert witness certificate under s. 466.005, F.S., costs $50, is approved within 10 business days, is valid for 2 years, and does not authorise the practice of dentistry.
- An expert witness certificate is treated as a licence in any disciplinary action, so its holder is subject to Board discipline.
- A dental intern permit under s. 466.025(1) limits the intern to patients confined to the hospital served and to salary from that hospital, working under general supervision of the dental staff.
- A teaching permit under Rule 64B5-7.005, F.A.C., requires the holder to pass the Florida Dental Laws and Rules Examination and to practise only at the accredited teaching facilities.
- A limited licence under s. 456.015, F.S., and Rule 64B5-7.007 requires 10 years of licensure, service only to the indigent or critical need populations, and full compliance with active-licensee continuing education.
Restricted Credentials
Chapter 466 and Rule Chapter 64B5-7 create a family of credentials that are narrower than a dental licence. Examination questions typically ask what a given credential does not allow.
Expert witness certificate — s. 466.005, F.S.
The Department issues this certificate to a dentist who holds an active, valid licence to practise dentistry in another state or a province of Canada.
| Element | Requirement |
|---|---|
| Application content | Legal name, mailing address, telephone number, business locations, jurisdictions where licensed, and licence numbers |
| Application fee | $50 |
| Department decision | Within 10 business days after a completed application and fee |
| Default approval | An application is approved by default if the Department does not act in time; the dentist must notify the Department in writing of intent to rely on a default approval |
| Validity | 2 years after the date of issuance |
What the certificate authorises — and only this:
- Providing a verified written medical expert opinion as provided in s. 766.203; and
- Providing expert testimony about the prevailing professional standard of care in connection with medical negligence litigation pending in Florida against a dentist licensed under Chapter 466.
What it does not authorise: the certificate "does not authorize a dentist to engage in the practice of dentistry as defined in s. 466.003." A holder who does not otherwise practise in Florida need not obtain a licence or pay licence fees.
The sting is in s. 466.005(3): an expert witness certificate "shall be treated as a license in any disciplinary action, and the holder of an expert witness certificate shall be subject to discipline by the board." An out-of-state dentist who gives reckless or dishonest expert testimony in a Florida case is answerable to the Florida Board.
Dental intern permits — s. 466.025(1)
Issued to a graduate of an approved dental school who is not licensed in Florida, to serve as a dental intern in state-maintained and state-operated hospitals or institutes, or in hospitals or institutions approved by the Board, provided the institution maintains a recognised staff of one or more licensed dentists.
Three hard limits define the permit:
- The intern functions under the general supervision of the dental staff of the hospital.
- Work is limited to patients confined to the hospital in which the intern serves.
- The intern serves without fee or compensation other than salary or other remuneration from the hospital.
The Board may revoke the permit at any time on the recommendation of the executive officer of the hospital's dental staff, or for any other just cause. Rule 64B5-7.003, F.A.C., adds the permit requirements for interns and residents; Rule 64B5-7.001 governs approval and operation of internship and residency programs.
Temporary certificates at government facilities — s. 466.025(2)
The Department may issue temporary certificates to graduates of accredited dental schools to practise in state and county government facilities under the general supervision of Florida-licensed dentists at that facility. Two limits: certificates issue only to graduates of Board-approved schools, and a certificate is valid only for such time as the dentist remains employed by the state or county facility. Rule 64B5-7.0035, F.A.C., carries the detail.
Non-profit corporation permits — s. 466.025(3)
The Department may permit a non-profit corporation chartered for one or more of three purposes: training and teaching dental assistants in Florida public schools; promoting research and training among licensed Florida dentists; or providing dental care for indigent persons.
- Permits are granted for a period of 1 year.
- Renewal requires application, Board approval, and a showing of continuing compliance with Board rules.
- The Board may revoke a permit for any violation of the rules.
Rule 64B5-7.006 sets out what an application must contain when the corporation wishes to employ a non-Florida-licensed dentist: a certified copy of the charter plus proof of 26 U.S.C. §501(c)(3) registration; justification for the need; a plan of operation establishing that any non-Florida-licensed dentist will practise under the general supervision of a Florida-licensed dentist; and, for indigent-care corporations, statistics or admission criteria establishing that only indigent patients are or will be treated, with a description of the physical plant and equipment.
Teaching permits — Rule 64B5-7.005
Issued to a full-time dental instructor of a CODA-accredited dental program, on the dean's request, if the faculty member:
- Holds a degree in dentistry and satisfies one of four conditions — eligible to sit the Florida examination and has not failed it three times; was once eligible and has not failed it three times; completed a CODA-accredited post-doctoral training program of at least two years; or is not eligible to sit the Florida examination but obtained a foreign dental degree and agrees to practise only under the general supervision of a Florida-licensed dentist;
- Is a full-time dental instructor;
- Passes the Florida Dental Laws and Rules Examination; and
- Does not engage in the practice of dentistry except at the teaching facilities under the accredited program.
The laws-and-rules requirement is worth noting: the FDLR reaches well beyond candidates for full licensure.
Limited licence — s. 456.015, F.S., and Rule 64B5-7.007
For a dentist or hygienist who has retired or intends to retire and will practise only within the limited licence's restrictions. Conditions:
- Licensed to practise in any U.S. jurisdiction for at least ten (10) years in the profession sought;
- Has not committed and is not under investigation for any act that would be a basis for discipline under Chapter 466;
- Practises only in the employ of public agencies or 501(c)(3) non-profit agencies or institutions that are permitted under Rule 64B5-7.006 and that provide professional liability coverage for the limited licensee's acts or omissions;
- Complies with all continuing education requirements of active licensees; and
- Submits Form DH-MQA 1201.
Fee waiver: if the applicant submits a notarised statement from the employer that the applicant will not receive monetary compensation for any service involving the practice of dentistry or dental hygiene, the application fee and all licensure fees are waived.
Scope: a limited licensee may provide services only to the indigent, or to critical need populations within Florida. Indigency is determined by the Federal Poverty Income Guidelines produced by the U.S. Department of Health and Human Services.
Which activity does an expert witness certificate issued under s. 466.005, F.S., authorise?
For how long is a non-profit corporation permit issued under s. 466.025(3), F.S., granted?
Under Rule 64B5-7.007, F.A.C., how long must an applicant for a limited licence have been licensed in a U.S. jurisdiction?