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Hello, I am not a Dentist but, If one were to find a way to…

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Hello, I am not a Dentist...
Hello,
I am not a Dentist but, If one were to find a way to have individuals take their own impressions and return it to a lab via the mail and then the lab would fabricate a denture
And return it via mail to the customer would there be a law against that?.

Carl
Submitted: 8 years ago.Category: Legal
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Answered in 15 minutes by:
6/12/2010
Lawyer: Thomas Swartz, Attorney replied 8 years ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,265
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Hello JACUSTOMER,

Yes, I believe it would. As you probably figured out, most states regulate the practice of dentistry, and one must have a license to practice dentistry. So, the question becomes how does one define the practice of dentistry. I see that you are Florida. In Florida, the practice of dentistry is defined in Florida Statutes § 466.003 as follows (note the underlined language):

(3) "Dentistry" means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures. It includes the performance or attempted performance of any dental operation, or oral or oral-maxillofacial surgery and any procedures adjunct thereto, including physical evaluation directly related to such operation or surgery pursuant to hospital rules and regulations. It also includes dental service of any kind gratuitously or for any remuneration paid, or to be paid, directly or indirectly, to any person or agency. The term "dentistry" shall also include the following:


(a) The taking of an impression of the human tooth, teeth, or jaws directly or indirectly and by any means or method.


(b) Supplying artificial substitutes for the natural teeth or furnishing, supplying, constructing, reproducing, or repairing any prosthetic denture, bridge, appliance, or any other structure designed to be worn in the human mouth except on the written work order of a duly licensed dentist.


(c) The placing of an appliance or structure in the human mouth or the adjusting or attempting to adjust the same.


(d) Delivering the same to any person other than the dentist upon whose work order the work was performed.


(e) Professing to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure designed to be worn in the human mouth.


(f) Diagnosing, prescribing, or treating or professing to diagnose, prescribe, or treat disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws or oral-maxillofacial region.


(g) Extracting or attempting to extract human teeth.


(h) Correcting or attempting to correct malformations of teeth or of jaws.


(i) Repairing or attempting to repair cavities in the human teeth.


Note in particular (3)(b) & (d). These subdivisions clearly seems to state that supplying artificial teeth without the written order of licensed dentist would be prohibited.

While the "practice of dentistry" may be slightly different in other states, I would presume that they would be substantially similar.

Thomas
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