8.1 Prohibited Acts & Criminal Penalties Under s. 466.026
Key Takeaways
- Practising dentistry OR dental hygiene without an appropriate, active licence is a felony of the third degree under s. 466.026(1)(a), F.S.
- Using or attempting to use a licence that has been suspended or revoked is also a third-degree felony.
- Knowingly employing any person to perform duties outside the scope allowed that person is a third-degree felony under s. 466.026(1)(c).
- Using the title dentist, the letters D.D.S. or D.M.D., or holding oneself out as a licensed hygienist without an active licence is a first-degree misdemeanour under s. 466.026(2).
- Performing dental assistant services except in the office of a licensed dentist, unless authorised by the chapter or Board rule, is a first-degree misdemeanour.
Prohibitions and Penalties — s. 466.026, F.S.
This section is short, precise, and frequently misdescribed. The dividing line is not dentistry versus hygiene. It is unlicensed practice and enabling it (felony) versus titles, impersonation and concealment (misdemeanour).
Third-degree felonies — s. 466.026(1)
Each of the following is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
| ¶ | Act |
|---|---|
| (a) | Practicing dentistry or dental hygiene unless the person has an appropriate, active licence issued by the Department under Chapter 466 |
| (b) | Using or attempting to use a licence issued under Chapter 466 which has been suspended or revoked |
| (c) | Knowingly employing any person to perform duties outside the scope allowed such person under the chapter or the Board's rules |
| (d) | Giving false or forged evidence to the Department or Board for the purpose of obtaining a licence |
| (e) | Selling or offering to sell a diploma conferring a dental or dental hygiene degree, or a licence issued under the chapter, or procuring such a diploma or licence with intent that it be used as evidence of what the document stands for by a person other than the one on whom it was conferred |
Paragraph (a) covers both professions. "Practicing dentistry or dental hygiene unless the person has an appropriate, active license" is one offence at one grade. There is no first-offence misdemeanour tier for unlicensed hygiene, and no escalation scheme for repeat offences. Study material describing unlicensed hygiene as "a first-degree misdemeanour for a first offence, escalating to a third-degree felony" is describing a scheme Florida does not have.
Paragraph (a) also reaches the lapsed licensee. "Appropriate, active" means that practising on a delinquent, inactive, retired, or null-and-void licence is the felony, not a paperwork lapse.
Paragraph (c) is the delegation felony. Knowingly employing someone to perform duties outside their permitted scope is itself a third-degree felony — the dentist who lets an assistant scale, or lets an uncertified hygienist inject, is exposed to criminal liability directly under s. 466.026(1)(c), quite apart from Board discipline under s. 466.028.
First-degree misdemeanours — s. 466.026(2)
Each of the following is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
| ¶ | Act |
|---|---|
| (a) | Using the name or title "dentist," the letters "D.D.S." or "D.M.D.", or any other words, letters, title or descriptive matter which in any way represents a person as able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the teeth, jaws, or oral-maxillofacial region, unless the person has an active dentist's licence |
| (b) | Using the name "dental hygienist" or the initials "R.D.H.", or otherwise holding oneself out as an actively licensed hygienist or implying to any patient or consumer that one is an actively licensed hygienist, without an active hygienist's licence |
| (c) | Presenting as her or his own the licence of another |
| (d) | Knowingly concealing information relative to violations of the chapter |
| (e) | Performing any services as a dental assistant as defined in the chapter, except in the office of a licensed dentist, unless authorised by the chapter or by Board rule |
Paragraph (d) is worth pausing on: knowingly concealing information about a Chapter 466 violation is itself a crime, not merely a disciplinary matter. Paragraph (e) explains why dental assisting outside a dental office is unlawful absent an express authorisation — and why the health access setting and non-profit permit mechanisms are drafted as authorisations.
Felony versus misdemeanour at a glance
| Conduct | Grade |
|---|---|
| Practising dentistry without an active licence | 3rd-degree felony |
| Practising dental hygiene without an active licence | 3rd-degree felony |
| Practising on a suspended or revoked licence | 3rd-degree felony |
| Knowingly employing a person to work outside their scope | 3rd-degree felony |
| Giving false or forged evidence to obtain a licence | 3rd-degree felony |
| Selling a diploma or licence | 3rd-degree felony |
| Calling yourself "dentist," "D.D.S.," "D.M.D." without a licence | 1st-degree misdemeanour |
| Calling yourself "dental hygienist" or "R.D.H." without a licence | 1st-degree misdemeanour |
| Presenting another's licence as your own | 1st-degree misdemeanour |
| Knowingly concealing information about violations | 1st-degree misdemeanour |
| Dental assisting outside a licensed dentist's office without authorisation | 1st-degree misdemeanour |
The safe harbour — Rule 64B5-17.010
For the purpose of interpreting ss. 466.003(3), 466.026(1)(a) and 466.028(1)(g) and (bb), the Board will not treat as unlicensed practice an unlicensed person furnishing, supplying, constructing or reproducing an appliance worn in the mouth if:
- The appliance is a removable mouth protection device inserted and removed by the user without adjustment by a licensed dentist (e.g., athletic mouth guards);
- No prescription or dentist's order is required to obtain it;
- It does not adjust or otherwise affect the natural features of the face or mouth, or affect any appliance placed by a licensed dentist; and
- It does not have the potential to cause significant or irreparable damage to the dentition or oral tissue.
The same rule permits an unlicensed person to verify a patient's shade selection for a fixed partial prosthesis outside the dentist's direct supervision, on twelve cumulative conditions — including that the request is accompanied by a s. 466.021 prescription or work order, that the dentist has previously completed the initial shade selection, that the site meets ss. 466.028(1)(u), 466.031(1) and 466.032(1), that no appliance is placed, removed or sealed in the oral cavity except by a licensed dentist, that contact is visual only, that no soft or hard tissue is manipulated, that the patient retracts his or her own lip while the shade tab is held without physical contact with the dentition, and that photography is limited to visible dentition during smile and with the patient retracting their lips.
Enforcement beyond the criminal courts
Criminal prosecution is brought by the State Attorney. In parallel, s. 456.065, F.S., gives the Department its own unlicensed-activity enforcement authority, including cease and desist authority and administrative penalties, and Rule 64B5-15.024 sets fees for enforcement of unlicensed practice prohibitions. A dentist who enables unlicensed activity also faces Board discipline under s. 466.028 — see section 8.3.
Under s. 466.026(1)(a), F.S., what is the criminal classification for practising dental hygiene in Florida without an active licence?
A dentist knowingly employs an assistant to remove calculus from patients' teeth. Which provision of s. 466.026, F.S., does this conduct violate?
Which act is a first-degree misdemeanour under s. 466.026(2), F.S.?