Dentistry and the Law Chapter 5 Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Chapter 5 Lesson 5 1 Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Learning Objectives 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 Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Introduction Regulations 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 State Dental Practice Act The primary purpose of a dental practice act is to protect the public from incompetent practitioners The dental practice act specifies the legal requirements for the practice of dentistry within each state An administrative board usually called the Board of Dentistry interprets and implements state regulations Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Included in the Dental Practice Act Requirements for licensure Grounds for revocation or suspension Requirements for continuing education Duties delegated to auxiliaries Infection control regulations Requirements for persons exposing dental radiographs Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights State Board of Dentistry The members of the state board of dentistry also referred to in some states as the dental board are appointed by the governor of the state The board adopts rules and regulations that define interpret and implement the intent of the dental practice act The board regulates and enforces the laws of practice for dentistry within the state Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Licensure The purpose of licensure is to protect the public from unqualified or incompetent practitioners It is very important to understand the requirements for practice in your state In every state anyone who practices dentistry without a license is guilty of an illegal act Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Expanded Functions Expanded functions are specific intraoral functions delegated to qualified dental auxiliaries with additional skill and training When these functions are included in the dental practice act the dentist may delegate them to the dental auxiliary Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Chapter 5 Lesson 5 2 Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Learning Objectives Give an example of respondeat superior Describe the types of dental auxiliary supervision Explain the circumstances required for patient abandonment Describe ways to prevent malpractice suits Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Doctrine of Respondeat Superior Respondeat superior means that the employer is responsible for any harm caused by the actions of an employee while the employee is carrying out the business of the employer In a dental practice this means that the patient may sue the dentist for an error committed by the dental assistant or dental hygienist The employee is also responsible for his or her own actions and the injured patient may also file suit against the dental assistant Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Doctrine of Res Ipsa Loquitur Meaning the thing speaks for itself For example a dentist extracts the wrong tooth or breaks an instrument in the tooth and leaves it there The proof the instrument itself is clear Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Patient of Record A patient of record is an individual who has been examined and in whom a diagnosis has been made by a licensed dentist and for whom treatment has been planned by the dentist Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Types of Supervision Direct Direct supervision means that the dentist has delegated a specific procedure to be performed in a patient of record by a legally qualified dental auxiliary The dentist must examine the patient before delegating the procedure and again when the procedure is complete The dentist must be physically present in the office while the procedures are being performed Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Types of Supervision General General supervision indirect supervision means that the dentist has authorized and delegated specific procedures that may be performed by a legally qualified dental auxiliary in a patient of record Exposing radiographs and recementing a temporary crown that has been dislodged are examples of functions that are often delegated under general supervision The dentist need not be physically present in the office while such procedures are being performed Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Unlicensed Practice of Dentistry A dental assistant or dental hygienist may legally perform only those functions delegated under the dental practice act of the state in which he or she works Performing procedures that are not legal is practicing dentistry without a license a criminal act Ignorance of the dental practice act is no excuse for illegally practicing dentistry If the dentist asks you to perform an expanded function that is not legal in your state and you choose to do so you are committing a criminal act Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights The Dentist s Responsibility to the Patient Duty of care Licensure Use of reasonable skill care and judgment Use of standard drugs materials and techniques Abandonment The dentist may refuse to treat a patient however this action must not be based on the patient s race color or creed Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Patient s Responsibilities The patient is legally required to pay a reasonable and agreed upon fee for services The patient is expected to cooperate and to follow instructions regarding treatment and home care Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Fig 5 1 Maintaining good communication with the patient is an important role of the dental assistant Courtesy of Pamela Landry RDA Copyright 2009 2006 by Saunders an imprint of Elsevier Inc All rights Categories of Law