Section 466.024, Florida Statutes 2009
466.024 Delegation of duties; expanded functions.--
(1) A dentist may not delegate irremediable tasks to a dental hygienist or dental assistant, except as provided by law. A dentist may delegate remediable tasks to a dental hygienist or dental assistant when such tasks pose no risk to the patient. A dentist may only delegate remediable tasks so defined by law or rule of the board. The board by rule shall designate which tasks are remediable and delegable, except that the following are by law found to be remediable and delegable:
(a) Taking impressions for study casts but not for the purpose of fabricating any intraoral restorations or orthodontic appliance.
(b) Placing periodontal dressings.
(c) Removing periodontal or surgical dressings.
(d) Removing sutures.
(e) Placing or removing rubber dams.
(f) Placing or removing matrices.
(g) Placing or removing temporary restorations.
(h) Applying cavity liners, varnishes, or bases.
(i) Polishing amalgam restorations.
(j) Polishing clinical crowns of the teeth for the purpose of removing stains but not changing the existing contour of the tooth.
(k) Obtaining bacteriological cytological specimens not involving cutting of the tissue.
Nothing in this subsection shall be construed to limit delegable tasks to those specified herein.
(2) Notwithstanding subsection (1), a dentist may delegate the tasks of gingival curettage and root planing to a dental hygienist but not to a dental assistant.
(3) All other remediable tasks shall be performed under the direct, indirect, or general supervision of a dentist, as determined by rule of the board, and after such formal or on-the-job training by the dental hygienist or dental assistant as the board by rule may require. The board by rule may establish a certification process for expanded-duty dental assistants, establishing such training or experience criteria or examinations as it deems necessary and specifying which tasks may be delegable only to such assistants. If the board does establish such a certification process, the department shall implement the application process for such certification and administer any examinations required.
(4) Notwithstanding subsection (1), a dentist may not delegate to anyone other than another licensed dentist:
(a) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician.
(b) Any diagnosis for treatment or treatment planning.
(5) Notwithstanding any other provision of law, a dentist is primarily responsible for all procedures delegated by her or him.
(6) No dental assistant shall perform an intraoral procedure except after such formal or on-the-job training as the board by rule shall prescribe.
History.--ss. 1, 3, ch. 79-330; ss. 13, 15, 25, 28, 30, 34, 62, ch. 80-406; ss. 2, 3, ch. 81-318; s. 2, ch. 85-156; ss. 15, 23, 24, ch. 86-291; s. 60, ch. 91-137; s. 7, ch. 91-156; s. 4, ch. 91-429; s. 259, ch. 97-103.