Understanding the Authority of the Florida Board of Dentistry
For many dental professionals, the Florida Board of Dentistry feels like a looming presence, often associated with disciplinary actions, complaints, and investigations. The very mention of an inquiry can strike fear into even the most diligent practitioners. But what authority does the Board actually hold? Are they an overreaching regulatory force, or do they simply ensure professional accountability?
The reality is that the Board plays a critical role in upholding the integrity of the dental profession. However, many dentists are unfamiliar with how the Board operates, what powers they truly have, and how their decisions impact licensure, compliance, and patient care.
This blog will clarify the role of the Florida Board of Dentistry, the disciplinary process, and what every dentist needs to know to protect their career and practice ethically.
📝 Download a PDF copy of the case
The Role of the Florida Board of Dentistry
The Florida Board of Dentistry does not create laws. Instead, its function is to enforce the laws outlined in Chapter 466, Florida Statutes, which regulate dentistry, dental hygiene, and dental assisting. Additionally, the Board operates under Chapter 456, Florida Statutes, which applies to all health professions.
What the Board Does
While the Board does not make laws, it does establish rules that clarify how the laws should be followed. However, the Board’s rules can never be stricter than the law itself.
For example, if the law requires dentists to maintain patient records for four years, the Board cannot create a rule requiring records to be kept for six years. Its role is to interpret and enforce the law as written, not expand upon it.
The Board’s primary responsibilities include:
- Licensure and Renewal – Ensuring all practicing dentists and dental hygienists meet the qualifications for licensure.
- Complaint Investigations – Reviewing complaints from patients, employees, or colleagues to determine if a violation has occurred.
- Disciplinary Actions – Enforcing penalties for violations, ranging from fines and continuing education requirements to license suspension or revocation.
- Rulemaking – Developing rules to clarify standards of care and administrative procedures within the limits of the law.
The Disciplinary Process
When a complaint is filed, the process is extensive and thorough, ensuring that all actions align with legal statutes and due process.
How a Complaint is Handled
- Complaint Filed – Complaints can come from:
- Patients – The majority of complaints are filed by patients and typically involve treatment concerns, dissatisfaction with care, unexpected outcomes, or billing disputes.
- Employees or Colleagues – Dental assistants, hygienists, or other dentists may report violations, unethical behavior, or workplace issues.
- Insurance Companies (Rare but Serious) – In some cases, insurance providers, particularly Medicaid or Medicare, may report a dentist for fraudulent billing, unnecessary treatment, or improper documentation. These complaints can lead to extensive audits, and if a single violation is found, Medicaid or Medicare may extrapolate the issue across all patient records, assuming a pattern of misconduct.
- Initial Review – The Board determines whether the complaint alleges a violation of Florida statutes or administrative rules.
- Investigation – If the complaint has merit, the Board gathers patient records, conducts interviews, and consults expert witnesses.
- Probable Cause Panel – A panel of Board members evaluates the evidence and decides whether to proceed with formal charges.
- Hearing – If charges are filed, the dentist has the opportunity to defend themselves in an administrative hearing.
- Disciplinary Action – If found guilty, penalties may include fines, probation, mandatory continuing education, suspension, or license revocation.
What the Board Can and Cannot Do
What the Board Can Do
The Florida Board of Dentistry has significant authority to protect the public and ensure compliance with professional standards.
The Board can:
- Issue Fines – Even minor violations can result in substantial financial penalties.
- Mandate Continuing Education – Dentists may be required to take courses in ethics, record-keeping, or patient management.
- Place Licenses on Probation – Subjecting practitioners to increased oversight, audits, or restrictions on practice.
- Suspend or Revoke Licenses – For severe violations, the Board has the authority to permanently revoke a dentist’s ability to practice.
- Publicize Disciplinary Actions – All disciplinary records are public and include the dentist’s name, license number, and details of the violation.
What the Board Cannot Do
While the Board holds broad powers, it operates within defined legal limitations.
The Board cannot:
- Create Laws – Only the Florida Legislature has the power to establish new legal requirements for dentistry.
- Act Arbitrarily – All decisions must be based on evidence and follow due process.
- Conceal Disciplinary Actions – Transparency is required, and all disciplinary actions remain public record.
The Board of Dentistry Believes in Second Chances
While the Florida Board of Dentistry enforces the laws, it also recognizes that mistakes happen and that not every violation should end a career. Their goal is not to eliminate dentists from the profession but to ensure patient safety and public trust.
For dentists who take responsibility, demonstrate a commitment to improvement, and follow the Board’s recommendations, the focus is often on rehabilitation rather than punishment.
Dentists who actively correct their mistakes and comply with educational and corrective measures may find that the Board approaches cases with fairness and understanding. However, repeated violations, failure to take corrective action, or attempts to shift blame often result in harsher consequences.
Introducing the Case of Dr. A.R.
A real-world example of how the Board enforces standards can be seen in the case of Dr. A.R., a dentist who had been practicing in Florida since 1978. Despite decades of experience, a formal complaint against Dr. A.R. triggered an investigation that revealed multiple violations beyond the initial complaint.
These included:
- Missed Periodontal Evaluations – Failure to perform and document comprehensive assessments, violating Section 466.028(1)(x), Florida Statutes.
- Inadequate Record-Keeping – Insufficient documentation for a root canal treatment, violating Section 466.028(1)(m), Florida Statutes, and Rule 64B5-17.002(1), Florida Administrative Code.
- Failure to Notify Patients – Neglecting to properly inform patients about his practice’s closure, violating Rules 64B5-17.001(4) and 64B5-17.0011, Florida Administrative Code.
Dr. A.R.’s case illustrates that violations are rarely isolated incidents. A lack of documentation, repeated oversights, and poor compliance practices can quickly compound into serious legal and professional consequences.
Final Thoughts & Next Steps
In the next blog, we will take a deep dive into the periodontal violations in Dr. A.R.’s case and explore:
- Why comprehensive periodontal evaluations are required.
- How poor documentation led to severe consequences.
- What dentists can do to avoid similar violations.
Understanding the rules is the first step to protecting your career. Following them is the key to keeping it.
Download the PDF of the Case
Photo by Polina Zimmerman
