Ch4 Dentistry and The Law

What is the purpose of the State Dental Practice Act?

To protect the public from incompetent practitioners

• Examples include

  • Licensure Requirments

  • Revocation/Suspension

  • Continuing education

  • Duties delegated to auxiliaries

  • Infection control

  • Radiograph Requirments

What is Statutory Law?

Law enacted by U.S Congress, state legislature, or local bodies

• Two categories 

  • Criminal Law

  • Civil Law

What is Criminal Law?

Crimes against society

• Felony

• Misdemeanor 

• Infraction 

What is a felony?

Major crime

What is a misdemeanor?

Lesser offense with fines or suspension

What is an infraction?

Minor offense punishable by a fine only 

What is a Civil Law?

Crimes against individuals seeking compensation or damages

• Two types

  • Contact

  • Tort Law

What does a Contract Law involve?

binding agreement between two or more people 

• Two types:

  • Expressed

  • Implied

What is an Expressed Contract?

Written or verbal agreement

What is an Implied Contract?

Created by actions, not words 

What is Tort Law?

Civil wrong causing harm to a person or property

• Omission (not doing something)

• Commission (doing something incorrectly)

What does the Board of Dentistry do?

Interprets and enforces dental regulations to protect the public

What is Licensure?

Legal credential to practice in a specific state 

• Purpose: protect public from unqualified or incompetent practitioners 

What is Reciprocity?

Agreement between states allowing licenses professionals to practice in another without retesting

What are Expanded Functions?

Intraoral or extraoral duties delegated to qualified auxillaries requiring extra education or certification

What is Direct Supervision?

Dentist is physically present 

What is General Supervision?

Dentist authorizes treatment but doesn’t need to be physically present

What is Standard of Care?

Level of care expected from a “reasonable and prudent” professional

What is Abandonment?

Discontinuing care without proper notice or replacement 

What is Malpractice?

Failure to provide due care or standard treatment

What are the four D’s of Malpractice?

• Duty

• Dereliction

• Direct Cause

• Damage

How can malpractice lawsuits be avoided?

• Good communication 

• Informed consent 

• Accurate records 

• High standards of care 

What two comments should be avoided to not frighten a patient?

• Whoops 

• Uh-oh 

What is Informed Refusal?

When a patient refuses recommended treatment after being informed of consequences

What is Informed Consent?

Patient agrees to treatment after receiving full explanation

• Two types:

  • Written

  • Implied

What is Written Consent?

Preferred for legal documentation 

What is Implied Consent?

Consent shown through a patient’s actions

What is a Patient Record?

Legal document of diagnosis, treatment, and progress

• Accurate, protected, never altered

• Owned by dentist

• Patients can access or request copies

Who are Mandated Reporters?

Dental professionals legally required to report suspected abuse 

• Immunity from legal action if reporting in good faith

What is Child Abuse?

Any act of omission or commision that harms a child’s health 

• 75% abuse occurs in head, neck, or mouth area 

What are behavioral signs of child abuse?

• Fearful

• Withdrawn

• Over-compliant

What is Domestic Violence?

Abuse or control of one person by another in the same household 

• Document and report with the victims consent

What is Elder Abuse?

Abuse of a person 65+ by a caregiver 

• Can be physical, emotional, or financial 

What is Dental Neglect?

Guardian’s failure to provide proper dental care

What is Immunity?

Protects mandated reporters from criminal or civil liability when reporting in good faith

What does HIPAA stand for?

Health Insurance Portability and Accountability Act 

• Purpose: 

  • Protect confidentiality

  • Reduce fraud

  • Simplify healthcare communication