A thin teal horizon line with a small coral mark.Florida Smile Works
Gulf horizon, teal water and a linen sky.

File a complaint about a Florida dentist

In Florida, complaints about dentists go to the Florida Department of Health. The Board of Dentistry's site points to the Department for this. Here is how the Department describes the process, with a link to where a complaint is filed.

Education, not a dental practice. Florida Smile Works does not examine, diagnose, or treat.

Where to file

The Department of Health runs the Florida Health Care Complaint Portal. The Department says the portal "allows consumers to file a complaint with the appropriate state agency. You will be asked a series of questions to help us identify the nature of your complaint. After you have answered all of the questions, you will see a summary page with instructions on how to file your complaint." Source: Provider Complaints.

The Board of Dentistry's Licensing page has a "File a Complaint" tile, and its home page link goes to the Department's Complaints & Enforcement page.

What the Department does

The Department says it "investigates complaints and reports involving health care practitioners regulated by the Department and enforces appropriate Florida laws." It describes the steps this way: "The complaint is reviewed for possible violations of the licensee's practice act. If a violation may have occurred it is investigated and referred to the Prosecution Services Unit for a determination of probable cause. If probable cause is found, the case is referred to the board for disciplinary action; 10 days after an administrative complaint is filed the case becomes public." Also: "If probable cause is not found, the case is closed and remains confidential."

The Department says action against practitioners "is administrative in nature (e.g., reprimand, fine, restriction of practice, remedial education, administrative cost, probation, license suspension or license revocation)."

What the Department does not do

The Department says it "cannot represent you in civil matters to recover fees paid or seek remedies for injuries," and it points readers with those goals to a private attorney.

It also lists matters it does not investigate: "Fee disputes (e.g. broken or missed appointments, refunds)," "Billing disputes," "Personality conflicts," and "Bedside manner or rudeness of practitioners."

What the statute requires

Section 456.073 says the Department "shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient." It adds: "A complaint is legally sufficient if it contains ultimate facts that show that a violation of this chapter, of any of the practice acts relating to the professions regulated by the department, or of any rule adopted by the department or a regulatory board in the department has occurred."

The Department says complaints against licensed practitioners or facilities cannot be filed over the phone because "Florida law requires the complaint be signed." It says unlicensed activity complaints can be made by phone, and its Complaints & Enforcement page has the details.

The statute says the Department "shall periodically notify the person who filed the complaint, as well as the patient or the patient's legal representative, of the status of the investigation." It also says complaint and investigation information is "confidential and exempt from s. 119.07(1) until 10 days after probable cause has been found to exist," and it protects a complainant or witness from civil liability "unless the complainant or witness acted in bad faith or with malice." Read section 456.073.

What to send

The Department lists: "Copies of medical records, correspondence, contracts, and any other documents that will help support your complaint." For records that have not arrived, it says: "If you have not received the requested records after 30 business days, please file a complaint and include a copy of the letter and a copy of the signed green card."

Anonymous complaints and time limits

The Department says an anonymous complaint is possible. It adds: "if we do not receive enough information to move forward with an investigation, the complaint will be closed. Also, you cannot be updated as to the status of the complaint."

On time limits, the Department says "generally the statute of limitations is six years from the last date of treatment" and points to section 456.073(13). That subsection says "an administrative complaint against a licensee shall be filed within 6 years after the time of the incident or occurrence giving rise to the complaint against the licensee," with exceptions listed in the subsection. The two sources word it differently, so the statute is the place to check.

Sources