Ethics, Jurisprudence, and HIPAA in Dental Assisting

Statutory Law

Law written and enacted by a legislative body.

Civil Law in Dentistry

The body of law involved when a patient files a lawsuit or charges are brought against a dentist.

Criminal Law

Law that involves wrongs committed against society.

Dental Practice Act

State guidelines outlining dental team duties, functions, expanded functions, and grounds for suspension.

State Board of Dentistry

The agency responsible for enforcing the Dental Practice Act and granting dental licenses.

Reciprocity

An agreement allowing an individual licensed in one state to receive a similar license in another state.

Expanded Functions

Specific advanced tasks requiring increased skill, responsibility, and sometimes additional certification or supervision.

Plaintiff

The term for a patient who files a lawsuit against a dentist.

Res Gestae

Meaning 'part of the action'; statements made that are admissible in a court of law.

Expressed Contract

A contract that is written or verbally agreed upon.

Implied Contract

A contract implemented by actions rather than words; the most common contract between dentist and patient.

Four Ds of Malpractice

Duty, Derelict, Direct cause, and Damage.

Tort

A wrongful act that results in injury to one person by another.

Assault

The threat of touching a person without their consent.

Battery

The actual touching of a person without consent.

Defamation of Character

Injury to another person by written or spoken words.

Invasion of Privacy

Unauthorized exposure of patient records or unwanted publicity given to the public.

Fraud

Deliberate deception practiced to secure an unfair or unlawful gain.

Good Samaritan Law

Legal protection for individuals rendering emergency medical assistance without seeking payment and without intent to do bodily harm.

Mandatory Child Abuse Reporting

Required reporting of suspected abuse/neglect; failure to report results in civil/criminal liability and fines.

Americans with Disabilities Act (ADA) of 1990

Legislation preventing employment discrimination and providing disabled individuals access to public services and accommodations.

Implied Consent

Consent demonstrated by patient actions, such as a patient opening their mouth for treatment to begin.

Subpoena

A legal request where dental records can be called into court while maintaining patient confidentiality.

Statute of Limitations

The defined time period in which legal action can take place.

Professional Ethics on Service Refusal

Dentists cannot refuse service based on race, color, religion, national origin, sexual orientation, or HIV status.

HIPAA

Health Insurance Portability and Accountability Act of 1996, establishing national safeguards for electronic health transactions.

CDT (Current Dental Terminology)

Standard dental code set for vendors, payers, and providers, revised every two years.

Covered Entities vs. Business Associates

Direct healthcare providers (covered entities) versus contracted associates handling patient info (business associates).

Protected Health Information (PHI)

Any information that can identify an individual, requiring strict privacy maintenance.

HIPAA Security Rule

Controls access to information and protects it from accidental or intentional unauthorized disclosure, alteration, or loss.

HIPAA Penalties for False Pretenses

Up to a $100,000 fine and up to a five-year prison sentence for disclosing info under false pretenses.

HIPAA Penalties for Commercial Gain or Malice

Up to a $250,000 fine and a 10-year prison sentence.