Section 2: Law & Ch 8 Society and the State Dental Practice Act

Ethics

Standards of conduct

Common principles, conduct, values, and obligations for interacting with each other

Conduct

•An essential element of ethics

•

•Must be within the norm of standards of professional responsibility attributed to the profession

•

•Conduct that is criminal and/or tortuous will run contrary to responsibilities and law

Tort

civil wrong from breach of legal duty related to society’s expectations of performance

ethical principles and legal doctrine are related

Ethical issues litigated in court of law

State legislatures enact statutes relating to ethical issues

Ethics & Law

-Ethical duties are often greater than legal duties

- Law sometimes mandates unethical conduct

- Personal values might not be congruent with professional ethics or the law

laws defined

Regulations or rules that govern our society

Reflects society's attitudes, morals, and needs

Law is constantly changing to meet needs and expectations of society

ethics defined

•Individual interpretation of the nature of right and wrong and rules of conduct

ethics source

Internalized; individual nature and beliefs

law defined

•Rules and regulations by which society is governed set forth in a formal and legally binding matter

law source

Externalized rules and regulations of society

ethics emphasis

Individual moral behavior for the good of the individual within society

ethics conduct

Motives/reasons why the individual behaves the way they do

ethics sanctions

Professional organization

law emphasis

Social behaviors that are good for society as a whole

law conduct

Overt conduct of the individual; what a person actually did or did not do

law sanctions

Judicial and administrative bodies

State Governments

Have responsibility and authority to protect the safety, welfare and health of the state citizens

State Governments 3 branches

1.Legislative

2.Executive

3.Judiciary

Statutory Law

Statutes enacted by legislative branch

oFederal, provincial/state, local legislative bodies

State dental practice act:

Legislative branch is responsible for enacting

May be a single law or compilation of laws

Regulates dental practice

The Practice of Dental Hygiene

Not nationally regulated - is different in each state…

Review state laws and regulations frequently

Contact information for the state licensing agencies available from the American Dental Association:

The Practice of DH - Statutory Law

State statutory law may have provisions/requirements regarding licensure

oLicensure requirements, eligibility requirements, licensure by endorsement, approval of educational programs, examination and disciplinary authority, scope of practice, supervision requirements and con-ed requirements

Executive branch is responsible for:

oImplementing the statutory law

oProviding guidance and regulation regarding the practice of dentistry and dental hygiene

Licensure

Education/accreditation

Theory exam (National Board)

Skill exam (Regional/State/Provincial Board)

Other requirements

Preceptorship

Licensure by endorsement/reciprocity

Certification

Licensure Provisions

To legally practice dental hygiene, one must hold a license in the state they practice

To obtain a license, one generally...

Graduates from an accredited dental hygiene program

Successfully completes national, regional and/or state licensure examination

May also be issued by a review of credentials

Aka: licensure by endorsement or reciprocity

Types of Dental Hygiene Licenses

Full

Temporary

Volunteer

Faculty

Licensure

License may be suspended or revoked due to:

•Unprofessional conduct

•Violations of the laws and regulations governing the practice of dental hygiene

•Clinical incompetence

•Delivery of substandard care

State Practice Act

-Regulation/Self-regulation

-Scope of practice

-Supervision

Direct

Indirect

General

No supervision

Scope of Practice

Functions vary among states

Practice of DH includes education, assessment, preventive, clinical, and other therapeutic services

Expanded scope of practice requires additional training from accredited program

May require certification separate from the DH license to administer local anesthesia

DH may perform, if competent, any procedure that can legally be delegated to other dental providers, such as a dental assistant**

direct supervision

•Prior diagnosis of pt's condition

•Authorization of a procedure by DDS

•Presence of a supervising DDS on the premises

•DDS approval of work performed prior to patient dismissal

indirect supervision

•Prior diagnosis of pt's condition

•Authorization of a procedure by DDS

•Presence of a supervising DDS on the premises

general supervision

•Requires services being delivered be authorized by DDS

•Supervising DDS is not required to be present in the treatment facility

unsupervised supervision

•No DDS supervision required for dental hygiene practice

•May also be referred to as independent practice

Abuse Reporting

We are required to be mandatory reporters in order to be licensed

oBoth child and dependent adult

other reporting

Pt records need to be kept confidential and maintained for a period of time

Professional liability insurance may be mandated in some states

CPR certification is professionally prudent, some states mandate it

Self-referral and kickbacks

Due Process

Notice and opportunity to be heard if threatened actions against licensure occur

hearing

Notice usually has a statement of the proposed action to be taken, the available evidence supporting the action and the opportunity for a ____________________________

oProposed action can be taken uncontested if the DH fails to respond within the time and in the manner specified

oIf hearing is requested, the DH will be notified of the time and place and the identity of the person who will conduct the hearing