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BOARD OF DENTISTRY v. PAYNE

No. 96-870.

687 So.2d 866 (1997)

BOARD OF DENTISTRY, Appellant, v. Philip A. PAYNE, D.D.S. and David M. Roshkind, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 3, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Allen R. Grossman, Assistant Attorney General, for Appellant.

Jeffrey H. Barker, Tallahassee, for Appellees.

Paul Watson Lambert, Tallahassee, for Amicus Curiae.

PER CURIAM.

Appellant Board of Dentistry (Board) challenges an order of the Division of Administrative Hearings holding that a proposed amendment to Rule 59Q-16.001(1), Florida Administrative Code is an invalid exercise of delegated legislative authority to the extent that it seeks to prohibit performance of gingival curettage with laser technology by dental hygienists. We reverse because the hearing officer placed tighter constrictions on the board's authority...

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