Effective date: 10/8/2003

    For the purposes of interpreting Sections 466.003(3), 466.026(1)(a) and 466.028(1)(g)(bb), F.S., the Board shall not consider it to be the unlicensed practice of dentistry for an unlicensed person to furnish, supply, construct or reproduce an appliance to be worn in the human mouth or to verify the patient’s shade-selection outside the dentist’s direct supervision for fixed partial prosthesis if:
    (1) The appliance is a removable mouth protection device that is inserted and removed by the user without adjustment by a licensed dentist (e.g. athletic mouth guards);
    (2) A prescription or dentist’s order is not required in order to obtain the appliance;
    (3) The appliance does not adjust or otherwise affect the natural features of the face or mouth or affect any appliance placed in the mouth by a licensed dentist;
    (4) The appliance or device does not have the potential to cause significant or irreparable damage to the dentition and/or oral tissue;
    (5) The request for the shade verification is accompanied by a prescription form or work order written by a licensed dentist to meet the requirements of Florida Statutes § 466.021;
    (6) The dentist has previously completed the initial shade selection;
    (7) The shade verification site is approved by the dentist and meets all requirements of Sections 466.028(1)(u), 466.031(1) and 466.032(1), F.S.;
    (8) During shade verification, no appliances or prosthetic devices are to be placed, removed or sealed in the oral cavity at the site except by a licensed dentist on a patient of record in accordance with the requirements of Sections 466.024(5) and 466.028(1)(m), F.S.;
    (9) During shade verification, contact to the patient is limited to visual contact only;
    (10) During shade verification, soft or hard tissue shall not be manipulated;
    (11) During shade verification, the patient shall be instructed on how to retract his or her own lip, and the shade tab shall only be held in proximity, but without physical contact to the patient’s dentition; and,
    (12) During shade verification, photography shall be limited to the patient’s visible dentition during smile and the patient’s dentition with the patient retracting their lips.
Rulemaking authorized by Florida Statutes § 466.004(4). Law Implemented 466.026(1)(a), 466.028(1)(g), (bb) FS. History—New 9-5-91, Formerly 21G-17.010, 61F5-17.010, Amended 5-9-95, Formerly 59Q-17.010, Amended 10-8-03.