Dentistry and the LawSlide 2Learning ObjectivesIntroductionState Dental Practice ActIncluded in the Dental Practice ActState Board of DentistryLicensureExpanded FunctionsSlide 10Slide 11Doctrine of Respondeat SuperiorDoctrine of Res Ipsa LoquiturPatient of RecordTypes of Supervision: DirectTypes of Supervision: GeneralUnlicensed Practice of DentistryThe Dentist’s Responsibility to the PatientPatient’s ResponsibilitiesFig. 5-1 Maintaining good communication with the patient is an important role of the dental assistant. (Courtesy of Pamela Landry, RDA.)Categories of LawContract LawTortsThe “Four D’s”Types of MalpracticeRisk ManagementAvoiding Malpractice SuitsSlide 28Slide 29Res Gestae: “Part of the Action”Types of Patient ConsentGuidelines for Informed ConsentInformed RefusalSlide 34Slide 35Informed Consent for MinorsWhen Written Consent Is RequiredReferralWhen a Patient Refuses TreatmentPatient Clinic RecordsOwnership of Dental RecordsReporting Abuse and NeglectWhat Is Child Abuse?Fig. 5-3 This boy was a victim of child abuse.ImmunityDentistry and the LawDentistry and the LawChapterChapter 5 5Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.Chapter 5Chapter 5Lesson 5.1Lesson 5.1Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.•Pronounce, define, and spell the Key Terms.•Describe the differences between civil and criminal law.•Explain the purpose of the state dental practice act. •Explain the purpose for licensing dental health professionals. Learning ObjectivesLearning ObjectivesCopyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.IntroductionIntroductionRegulations regarding dental auxiliaries vary greatly from state to state, and the roles and the responsibilities of dental auxiliaries also vary from state to state.Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.State Dental Practice ActState Dental Practice ActThe primary purpose of a dental practice act The primary purpose of a dental practice act is to protect the public from incompetent is to protect the public from incompetent practitioners. practitioners. The dental practice act specifies the legal The dental practice act specifies the legal requirements for the practice of dentistry requirements for the practice of dentistry within each state. within each state. An administrative board, usually called the An administrative board, usually called the Board of Dentistry, interprets and implements Board of Dentistry, interprets and implements state regulations.state regulations.Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.Included in the Dental Practice ActIncluded in the Dental Practice ActRequirements for licensureRequirements for licensureGrounds for revocation or suspensionGrounds for revocation or suspensionRequirements for continuing educationRequirements for continuing educationDuties delegated to auxiliariesDuties delegated to auxiliariesInfection-control regulationsInfection-control regulationsRequirements for persons exposing Requirements for persons exposing dental radiographsdental radiographsCopyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.State Board of DentistryState Board of DentistryThe members of the state board of dentistry The members of the state board of dentistry (also referred to in some states as the dental (also referred to in some states as the dental board) are appointed by the governor of the board) are appointed by the governor of the state.state.The board adopts rules and regulations that The board adopts rules and regulations that define, interpret, and implement the intent of define, interpret, and implement the intent of the dental practice act.the dental practice act.The board regulates and enforces the laws The board regulates and enforces the laws of practice for dentistry within the state.of practice for dentistry within the state.Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.LicensureLicensureThe purpose of licensure is to protect the The purpose of licensure is to protect the public from unqualified or incompetent public from unqualified or incompetent practitioners.practitioners.It is very important to understand the It is very important to understand the requirements for practice in your state. requirements for practice in your state. In every state, anyone who practices dentistry In every state, anyone who practices dentistry without a license is guilty of an illegal act.without a license is guilty of an illegal act.Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.Expanded FunctionsExpanded FunctionsExpanded functions are specific intraoral Expanded functions are specific intraoral functions delegated to qualified dental functions delegated to qualified dental auxiliaries with additional skill and training.auxiliaries with additional skill and training.When these functions are included in the When these functions are included in the dental practice act, the dentist may delegate dental practice act, the dentist may delegate them to the dental auxiliary. them to the dental auxiliary. Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.Chapter 5Chapter 5Lesson 5.2Lesson 5.2Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.Learning ObjectivesLearning ObjectivesGive an example of respondeat superior.Give an example of respondeat superior.Describe the types of dental auxiliary Describe the types of dental auxiliary supervision.supervision.Explain the circumstances required for patient Explain the circumstances required for patient abandonment. abandonment. Describe ways to prevent malpractice suits. Describe ways to prevent malpractice suits. Copyright © 2009, 2006 by Saunders, an imprint of Elsevier Inc. All rights reserved.Doctrine of Respondeat SuperiorDoctrine of Respondeat SuperiorRespondeat superior means that the employer is Respondeat superior means that the employer is responsible for any harm caused by the actions of an responsible for any harm caused by the actions of an employee while the employee is carrying out the employee while the employee is carrying out the business of the employer.business of the employer.In a dental