Dental Practice Act

Professionalism

A quality set in standards and methods of performance demonstrating skill, knowledge and professional ability demonstrated consistently

Regulation

A principle, rule or law designed to control or govern conduct

Character

A description of a person’s attributes, traits and abilities; the qualities that define a person or group; could be used to define moral or ethical strength

ADA Code of Ethics

Patient Autonomy, Nonmaleficence, Beneficence, Justice, Veracity

Autonomous

Independent, not controlled by others or outside forces; self-directed; independent in mind and judgment.

Patient Autonomy

Gives patients the right to understand and consent to treatment

What are the three things required for inform consent?

• What a reasonable patient would want to know

• What the patient actually asks about

• What the patient agrees to without coercion

Informed Consent

Verbally or in writing, to insure the understanding of the patient, as to the nature of proposed treatment, financial responsibilities, potential risks, options for treatment, potential outcomes, and impact on the patient’s physical and oral health

When is written consent required?

• Prior to performing any experimental treatment or drug

• Patient photo is used

• Treatment takes more than a year to complete.

• If procedure is expensive

Implied Consent

By nature of being present in the treatment facility (dental office), it is implied that the patient is seeking treatment

The RDA has a duty to?

• Respect the autonomy of each patient to decide from among treatment options, including refusing treatment

• Respect the legal and personal rights, dignity, and privacy of all patients in whose treatment you assist.

• Maintain professional boundaries in relationships with patients.

What qualifies as a patient of record?

• A patient who has been examined

• Has had a medical and dental history completed and evaluated

• Has had oral conditions diagnosed and a written plan developed by dentist of record

What does HIPPA stand for?

Health Insurance Portability and Accountability Act

What are the three parts of HIPPA?

• Privacy Standards

• Patient Rights

• Admin requirements

Privacy Standards

Written consent from patient to release records

Patient Rights

• Right to view & copy records

• Right to dispute

• To know if records are sent

Admin Requirements

• Privacy policy

• Notice of privacy practices

• Staff training

Nonmaleficence

Hippocratic Oath “First Do No Harm.” A state of non-injury to a patient during dental care

Impaired Professional

A professional healthcare provider who is no longer able to perform functions in a professional capacity and with competence; may be impaired by drugs or alcohol

Beneficence

• Promote the patient’s welfare

• The state or quality of being kind, charitable and promoting good will

Child abuse

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

Immunity

You cannot be sued for reporting your suspicions in order to protect a child.

Justice

Fairness in the allocation of health care services.

Discrimination

Treatment or consideration placed on class or category rather than individual merit; treating persons differently based on their physical, mental or emotional state, race or gender

Defamation

To damage the reputation, character or good name of another by slander or libel; making of false statement maliciously

Veracity

Truth telling and honesty

Waiver of Copayment

A dentist who accepts a third party payment under a copayment plan as payment in full without disclosing to the third party that the patient’s payment portion will not be collected is not following the principle of veracity

Overbilling

Increase a fee to a patient solely because the patient is covered under a dental benefits plan

Ethics

A set of principles of right conduct; the general nature of morals and of the specific moral choices made by a person

Amoral

To be without morals

Civil Law

One person to another (lawsuit)

Contract Law

Written contract violation

Administrative Law

Against regulations established like OSHA

Tort

Wrongful act that results in injury to one person by another by omission or commission

Omission

Not doing something

Commission

Doing something that should not have been done

What must be present for a malpractice lawsuit?

• Duty: Must be a dentist/patient relationship to establish duty.

• Negligence: Occurred as a result of not meeting the standard of care.

• Direct Cause: Negligent act was the direct cause of the injury.

• Damages: May include pain and suffering, loss of income, medical bills, etc

Negligence

• Failure to exercise the degree of care considered reasonable under the circumstances resulting in an unintended injury to a patient

• Lack of reasonable and prudent care of a patient in a healthcare setting

Due Care

Proper and sufficient care

Standard of Care

The customary practice of care that reputable dentists who have similar training and experience would practice

Fiduciary Responsibility

A responsibility between patient and health care provider

Abandonment

Discontinuation of a patient/provider relationship once it has been established or discontinuing treatment once begun without cause or notification to the patient

Harassment

Act of annoying or threatening a person; Repeatedly tormenting or persistently irritating

Criminal Law

Violations of the law that are offenses against the state or government

Felony

Major crime in dental, drug abuse, insurance fraud

Misdemeanor

Loss or suspension of license

Infraction

Traffic Ticket

Battery

The commission of bodily harm against another; unlawful touching or striking of another person

Scope of Practice

The range of duties and functions legally allowable under the defined areas of providership

Competency

Having the knowledge, skill and ability to perform a specific task or duty independently; the state of being knowledgeable and well-qualified.