For the purposes of interpreting Sections
466.003(3),
466.026(1)(a)
and 466.028(1)(g),
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 Section
466.021, F.S.;
(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.
