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state patient referral, anti-kickback, and patient brokering laws A dental hygienist performing dental charting without supervision shall not be deemed to have created either a patient of record or a medical record.466.024 Delegation of duties; expanded functions.—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: Taking impressions for study casts but not for the purpose of fabricating any intraoral restorations or orthodontic appliance. Placing periodontal dressings. Removing periodontal or surgical dressings.Removing sutures. Placing or removing rubber dams.Placing or removing matrices.Placing or removing temporary restorations. Applying cavity liners, varnishes, or bases.Polishing amalgam restorations.Polishing clinical crowns of the teeth for the purpose of removing stains but not changing the existing contour of the tooth.Obtaining bacteriological cytological specimens not involving cutting of the tissue.Administering local anesthesia pursuant to s. 466.017(5).This subsection does not limit delegable tasks to those specified herein.A dental hygienist licensed in this state may perform the following remediable tasks in a health access setting as defined in s. 466.003 without the physical presence, prior examination, or authorization of a dentist: Perform dental charting as defined in s. 466.0235 and as provided by rule.
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