Professional and Legal Aspects of Dental Assisting

Week 3

A civil action against a dentist may involve either

Contract law or tort law

Has the authority to issue licenses and revoke, suspend, or deny renewal of a license

The state board of dentistry

The concept of ____ is based on the idea that the patient is the one who must pay the bill, as well as endure the pain and suffering that may result from treatment. Therefore, the patient has the right to know all important facts about the proposed treatment

Informed consent

An individual who has taken and passed a national examination administered by the Dental Assisting National Board (DANB)

Certified dental assistant (CDA)

Having a license to practice in a specific state

Licensure

An agreement between two or more states that allows a dentist or a dental hygienist who is licensed in one state to receive, usually without further examination, a license to practice in any of the other states in which this agreement exists

Reciprocity agreement (usually made between states with adjoining borders and similar testing requirements)

An individual who has been examined and diagnosed by a licensed dentist and has had his or her treatment planned by the dentist

Patient of record

The dentist must give the patient enough information about his or her condition and explain all available treatment options. The patient and the dentist must first discuss these options, and then the patient chooses the most suitable treatment alternative

Informed patient consent

The major areas of risk management (prevention of malpractice lawsuits) involve

1. Maintaining accurate and complete records
2. Obtaining informed consent
3. Maintain the highest standards of clinical excellence

Refers to concepts and techniques that members of the dental team can use to help prevent malpractice and lawsuits

Refers to concepts and techniques that members of the dental team can use to help prevent malpractice and lawsuits

Generally means that the dentist has delegated a specific procedure to be performed for a patient of record by a legally qualified dental auxiliary. The dentist must examine the patient before delegating the procedure and after the procedure. The dentist must be physically present in the office at the time the procedure is performed

Direct supervision

An individual who has taken and passed an examination required by a specific state to perform functions allowed only in that state

Registered dental assistant (RDA)

3 essential aspects of a professional appearance

1. Good health
2. Good grooming
3. Appropriate dress

Under the ____ statements spontaneously made by anyone (including the dental assistant) at the time of an alleged negligent act are admissible as evidence and may be damaging to the dentist and the dental assistant in court of law

Res gestae (part of the action)

Written to indicate the minimum standard of required behavior

Laws

____ refers to what you should do. ___ deals with what you must do

Ethics, Laws

When a patient enters a dentist's office, the patient gives

Implied consent (at least for the dental examination)

Law in which a governmental agency, such as law enforcement or the board of dentistry, begins the legal action

Civil law

In many states, dental professionals are required by law to report known or suspected cases of child abuse. Child abuse is legally defined as any

Act of omission or act of commission that endangers or impairs a child's physical or emotional health and development

An attitude that is apparent in everything you do and say, in and out of the dental office. Distinguishes people who "have a job" from those who "pursue a career"

Professionalism

Generally means that the dentist has authorized and delegated specific procedures that may be performed by a dental auxiliary for a patient of record. Exposing radiographs and recementing a temporary crown are examples of this

General supervision (indirect supervision)

A law that involves a crime against society

Criminal law

Voluntary and are higher standards. Deals with moral conduct - right and wrong behavior, good and evil. Includes values, high standards of conduct, and personal obligations in our interactions with other professionals and patients. Very few absolutes and many gray areas exist. Subjected to individual interpretation

Ethics

Professional appearance, teamwork, attitude, dedication, responsibility, and initiative, confidentiality, and personal qualities

Characteristics of a professional dental assistant

Important legal documents such as examination records, diagnoses, radiographs, consent forms, updated medical histories, copies of medical and laboratory prescriptions, and correspondence to or about a patient. Financial information, however, is not included

Patient record/dental chart

Dental assistant or dental hygienist

Dental auxiliary