See the Department of Justice publication, Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices. The Board issues permits to dental assistants who have qualified for expanded duties. Which of the following is true regarding the unlicensed practice of dentistry? collaborative endeavor between the American Association of Dental Boards Epub 2014 Feb 13. In general, it states that two employees of different genders who do the same work must receive the same amount of pay. Examples of discrimination in the dental office can include unfair denial of a job, not getting equal pay, denial of a deserved promotion, or termination, when caused in whole or part by unlawful consideration of the employees status as a member of a class of persons protected by the law. You should always consult with your own professional advisors (e.g. J Evid Based Dent Pract. Specifically, the NLRA affords unionized and non-unionized employees alike the right to discuss amongst themselves any matter affecting the terms and conditions of employment, such as pay, work hours, discipline, and any other matters affecting their work. 2016 Jun;16 Suppl:4-10. doi: 10.1016/j.jebdp.2016.01.013. Disclaimer. (B) occurred Application fees, renewal fees, permit fees, disciplinary fines, and penalties fund the work of the Board. The site is secure. For purposes of employment discrimination, the U.S. Under these laws, all employers are expected to provide their employees with a harassment-free work environment. Ch.05 Dentistry and the Law {REVIEW} Flashcards | Quizlet Be patient! Moreover, some states put restrictions on the at-will doctrine. This dis-harmony among the states should foster the national desire to develop a more unified approach in regulating oral sedation. (D) sought comfort and refreshment, For each item, complete the analogy. Oral and Maxillofacial Surgery : 1638-1638.7: Article 2.5. It may be necessary to confront the alleged harasser and demand that the offending behavior stop, to suspend any contact between the alleged harasser and the employee, to issue a written warning, or to terminate the employers relationship with the non-employee. Every state required monitoring of the patient throughout the procedure and during recovery until discharge. An individual has a disability and is protected by the Americans with Disabilities Act (1) if he or she has a physical or mental impairment that substantially limits one or more major life activities, (2) if he or she has a record of such an impairment, or (3) is regarded as having such an impairment. Ong KS, Tan JM, Chong WL, Yeo JF, Lee TL. An employer who is in violation of the Equal Pay Act may not reduce an employees wages in order to comply. 2000 Dec;23(1 Suppl):14-7. Conscious sedation experiences in graduate pediatric dentistry programs. A physiological impairment is a condition or disorder, an anatomical loss affecting any of the major body systems, or a cosmetic disfigurement. CyraCom, whose interpreters complete 120-hour certification courses and specialize in healthcare interpreting, including a focus on dental terms, is endorsed by ADA Business Resources. The purpose of this paper is to propose an educational model which will describe the advanced clinical and practical management skills necessary to practice unsupervised. Let's take our (sleds, sledds) to the top of the hill. Implications for how this model will increase access to care will also be addressed. Dentist Guide to the Law | American Dental Association State Dental Practice Acts | DANB Which of the following types of law deals with binding agreements between two people? Many states identify dental professionals as __________ of suspected cases of child abuse. Looking for a state's practice act? As an employer, if you offer to your employees a retirement plan or a health benefit plan, you may be subject to certain requirements under the Employee Retirement Income Security Act (ERISA). What legal limits are there on advertising my practice? This dis-harmony among the states should foster the national desire to develop a more unified approach in regulating oral sedation. When Regulations Block Access to Oral Health Care, Children at Risk The PubMed wordmark and PubMed logo are registered trademarks of the U.S. Department of Health and Human Services (HHS). Select a state below to find You may click on the links below to see each chapter of the Texas Occupations Code as it pertains to the practice of Dentistry. Accessibility Dental Practice Act Business & Professions Code beginning at Section 1600. The U.S. Department of Justice (DOJ) has applied the Americans with Disabilities Act in situations where a public accommodations website is allegedly inaccessible to individuals with disabilities. The https:// ensures that you are connecting to the Sometimes a written or oral contract (or even an implied contract) can exist that imposes restrictions on the employers right to terminate the relationship. restrictive licensing laws restrict the scope of practice of dental hygienists. The .gov means its official. A. 100, or at info@cdaonline.org. A malpractice suit is an example of ______ law. It protects the employees of a dental office from discrimination in the terms and conditions of their employment. 2783 0 obj <>stream State standards: Local government influences on dental practice An educational model Restrictions on the manner in which dental hygienists practice are determined by individual state laws, each state's dental practice act, and how those are interpreted by the state board of dental examiners. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that affects the privacy and security of patient information. In this subtitle: . state board of dentistry. Please enable it to take advantage of the complete set of features! The Pregnancy Discrimination Act also obligates the employer to hold the job open for the same length of time as for other employees on disability or sick leave. COBRA requires employers to offer certain individuals who lose benefit protection the option of purchasing a temporary extension of their group health care plan coverage. Dental offices that are subject to regulation under Section 1557 of the Affordable Care Act, as well as certain instances under the Americans with Disabilities Act, may require a practice to look for interpreter or translation services. The Americans with Disabilities Act also requires dental practices to communicate effectively with individuals with disabilities. Specify the legal requirements for the practice of dentistry within the state. State or local laws may also apply. Weve included relevant portions of the guide below. Carefully review applicable laws with your attorney. Would you like email updates of new search results? The Board disciplines its licensees and permit holders if there has been a violation of the Dental Practice Act, the Dental Corporation Act, or the Board's Rules and Regulations. Application fees, renewal fees, permit fees, disciplinary fines, and penalties fund the work of the Board. A dental practice may also be required under the AwDA to permit a disabled individual to be accompanied by a service animal. Title VII of the Civil Rights Act of 1964, The Employee Retirement Income Security Act (ERISA), The Federal Insurance Contributions Act (FICA), The Health Insurance Portability and Accountability Act (HIPAA), The Occupational Safety and Health Act (OSHA), A Dentists Guide to the Law: 246 Things Every Dentist Should Know, U.S. Department of Justice, ADA Update: A Primer for Small Business, Americans with Disabilities Act Questions and Answers, Final Rule Implementing the ADA Amendments Act of 2008. hb``` ,@(q@W85!s:ZM[=9AAff9 xXFH>h~@ck2S5#^lh1eL} .pR@Y&= m:+ O1D"{2` d@Iy?2 `D`J$$KCHqm= Before As places of public accommodation, dental practices must take certain steps to provide accessibility to disabled individuals. The Americans with Disabilities Act generally permits the exclusion of individuals who pose a direct threat to others. Which of the following is able to provide an expressed contract for emergency treatment of a 16-year-old child who broke a tooth in the neighbor's driveway? The Board is also vested with the power to revoke or suspend the privilege of practicing professionally under any license or permit issued by it; it may place a licensee or permittee on probation, may impose a fine, or a combination of these sanctions; it has the authority to promulgate Rules and Regulations governing the practice of dentistry; it may conduct disciplinary hearings under the Administrative Procedures Act. The . Currently, Act 14 of 1955, known as the Dental Practice Act, governs Board operations. National Library of Medicine Other federal laws that protect employees from pay inequities based on color, race, national origin, age, disability, or religion include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (AwDA). According to Edgardo Garcia, translation services director for the Childrens Medical Center Dallas, using trained interpreters results in more accurate diagnoses and better patient compliance. Olabi NF, Jones JE, Saxen MA, Sanders BJ, Walker LA, Weddell JA, Schrader SM, Tomlin AM. An online search was conducted to review each state's dental practice act. In basic terms, the Fair Credit Reporting Act (FCRA) is a law designed to make sure all information reported by a consumer report agency (CRA) is fair and accurate. In the dental office, the public accommodation provision of this federal law prohibits discrimination against members of the public, such as patients and their family members, who have disabilities. The employment provision of the Act prohibits employers with 15 or more employees from discriminating against qualified people with disabilities. States and local jurisdictions may enact disability discrimination laws that apply to employers with fewer than 15 employees. Not doing something that should have been done is an act of, State dental practice act regulations are interpreted by the, The concept of duty of care, or standard of care, is a, legal concept that provides general boundaries, The duty of care owed by a dentist to a patient includes, The purpose of a state dental practice act is to, Specify the legal requirements for the practice of dentistry within the state. What must a dentist do to avoid a patient claim of abandonment? View the calendar for a complete list of upcoming board meetings. sharing sensitive information, make sure youre on a federal This video is available on DVD or VHS. When a report of harassment is received, the dentist, or management, should promptly conduct a thorough investigation. What are "biometrics" and how might they affect healthcare providers? How often should patients be asked to update their health history forms? Federal government websites often end in .gov or .mil. Which of the following is not true concerning the content of an Informed Consent Form? Compend Contin Educ Dent. Up and Down arrows will open main level menus and toggle through sub tier links. The concept of duty of care, or standard of care, is a. . State standards: Local government influences on dental practice Most dentists are at least vaguely familiar with the lineup of federal agencies involved to varying degrees in regulating dental practice. A psychological impairment includes emotional or mental illness, learning disabilities, and disorders such as intellectual disability. Under a negligent hiring claim, an employer can be held liable for an employee who commits wrongdoing on the job, or who injures someone. The full guide is available from the ADA Store. The Board is composed of six practicing dentists, one practicing dental hygienist, and two consumer representatives; one represents the senior citizens of the State. endstream endobj 2742 0 obj <>/Metadata 116 0 R/Pages 2739 0 R/StructTreeRoot 126 0 R/Type/Catalog/ViewerPreferences 2759 0 R>> endobj 2743 0 obj <>/MediaBox[0 0 612 792]/Parent 2739 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 2744 0 obj <>stream This site needs JavaScript to work properly. Guidelines for developing an anti-harassment policy. The law forbids permanent replacement of a pregnant employee, although a temporary replacement can be hired for the course of the maternity leave. Protected activity can even include making disparaging remarks about the practice, supervisors and even co-employees, as long as it can be interpreted as relating to terms and conditions of employment and is not grossly offensive or threatening. For more information see U.S. Department of Justice, ADA Update: A Primer for Small Business. These materials are intended to provide helpful information to dentists and dental team members. In most states, however, an employee terminated for poor work performance is likely to be entitled to collect unemployment compensation, while an employee terminated for an aggravated assault on another team member will likely not be able to collect. The Board will be holding a public hearing on the proposed amended rulesMarch 22, 2023, at 9:30 a.m.. General Provisions Relating to Practice of Dentistry The purpose of this study was to survey 50 state dental boards concerning their regulations governing the practice of moderate sedation administered by the oral route. (A) put in rigid order The meetings begin at 8:30 am. Epub 2016 Jan 28. An employee on pregnancy leave must receive the same benefits (such as pay increases, vacation, and seniority) given to employees on leave for other reasons. Appendix 17: Sample Website Development Agreement includes a provision requiring the website designer to represent and warrant that all deliverables will conform to WCAG 2.0 Level AA. My brothers and sisters and I have been encouraged to be self reliant since we were children. Clipboard, Search History, and several other advanced features are temporarily unavailable. State dental boards have significantly increased regulation of oral sedation over the past 10 years, but vary widely in their permit requirements for issuance. Statutory law involves laws enacted by legislation through U.S. congress, state legislature or local legislative bodies, Failure to pay a dental practitioner license renewal fee on time, The purpose of the state dental practice act, specify the legal requirements for the practice of dentistry within the state, State dental practice act regulations are interpreted by, permission for a procedure to be performed, which is granted by a patient after having been informed about the procedure details, Organization issues the license for a Dentist to practice dentistry, states that an employer is responsible for any harm caused by the actions of his or her employee while that employee is carrying out the employer's business, Direct supervision means that the dentist, examines the patient before delegating the procedure and again when the procedure is complete, legal concept that provides general boundaries, The duty of care owed by a dentist to a patient include, First of the "four D's " that must be present for a malpractice suit against a dentist to be successful, failure to perform an act that a reasonable and prudent professional would perform, best defense against a malpractice lawsuit, prevention and good communication with the patient, doctrine would be invoked in a situation where a dentist extracted the wrong tooth, concent for treatment of a minor child must be given by the, greatly increase the dentist's chance of defense against allegations from a patient that he or she was not fully informed about a procedure, the case is unusual and conditions are beyond the dentist's scope of expertise, owns the patient's original dental records, offense is most likely to result in imprisonment, malpractice suit (example of)/ Involving act that brings harm to a person or damage to property, type of law deals with binding agreements between two people, category of civil law is established through the written word or by a verbal agreement, violation of Occupational Safety and Health Administration (OSHA) regulations would be involved with which type of law, Legal problems with patients are best avoided by maintaining ___________________ with all patients, About 75% of child abuse injuries involve, I HATE THISSSSSSSOIJ WEOFJWEIFJW3OEWEOFJWEOIF, John Lund, Paul S. Vickery, P. Scott Corbett, Todd Pfannestiel, Volker Janssen, Eric Hinderaker, James A. Henretta, Rebecca Edwards, Robert O. Self, The Language of Composition: Reading, Writing, Rhetoric, Lawrence Scanlon, Renee H. Shea, Robin Dissin Aufses. practice of each member of the dental team, brought to you through a The Board disciplines its licensees and permit holders if there has been a violation of the Dental Practice Act, the Dental Corporation Act, or the Boards Rules and Regulations. _______________ states that an employer is responsible for any harm caused by the actions of his or her employee while that employee is carrying out the employer's business. If you are with your patient, speak directly to them and make eye contact while you speak even though youre waiting for the interpreter to interpret. Be sure all areas of your dental office, including your employees break area, are free of materials that could possibly offend others. Would you like email updates of new search results? Bethesda, MD 20894, Web Policies It also includes new material on issues such as emergency preparedness, biometrics and ransomware. 2741 0 obj <> endobj 2007 May;28(5):264-71; quiz 272, 282. Harassment is simply a form of prohibited discrimination under Title VII and similar state and local laws. In addition to these legislative changes, the ADHA has made a commitment to expand the scope of dental hygiene practice. Laws & Rules - Ohio Dentists should also maintain written records of any investigations and the actions taken, in case this information is required to defend against any lawsuit an aggrieved employee might file. This act applies to dental offices with 20 or more employees. greatly increase the dentist's chance of defense against allegations from a patient that he or she was not fully informed about a procedure. Expanding oral care opportunities: direct access care provided by dental hygienists in the United States. This subtitle may be cited as the Dental Practice Act. Who should make a guarantee about the outcome of dental treatment? The following are examples of abilities and activities that fall within the definition of major life activity: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working., Major life activities also include the operation of major bodily functions such as functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The OSHA Standard on Occupational Exposure to Bloodborne Pathogens requires dental practices to provide training during work hours, at no cost, to employees at risk of occupational exposure after the employee is hired and annually thereafter. However, in several cases, the DOJ has reached settlement agreements in which public accommodations have agreed to ensure that their websites conform to the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 level AA. To assist in further interpretation, the ADA's Statutory Guidelines for Conscious Sedation Permit were reviewed for comparison with the data collected. 2014 Jun;14 Suppl:209-21.e1. Chapter 251. A dental practice must allow a disabled individual who uses a power-driven mobility device to use the device in the dental office unless the device cannot be accommodated because of legitimate safety requirements. Below you will find key points from the ADA publication, A Dentists Guide to the Law: 246 Things Every Dentist Should Know. Abandonment could be charged if the dentist, prepares a tooth for a crown and then does not deliver and cement the crown, About 75% of child abuse injuries involve the, Asking for a parent's consent for emergency treatment in advance is called, Consent for treatment of a minor child must be given by the, Direct supervision means that the dentist, Examines the patient before delegating the procedure and again when the procedure is complete. When interpretation of the information provided online was difficult, clarification was achieved by contacting that state board directly by telephone interview. However, the negative effects of a mitigating measure can be considered in determining whether a person has a disability (for example, side effects of medication). Rewrite each sentence, punctuating it correctly. The https:// ensures that you are connecting to the %PDF-1.7 % Recently, the National Labor Relations Board has focused on employee discussions taking place on social media platforms such as Facebook and Twitter, and has made clear that employee communications taking place off-hours on personal computers and mobile phones about terms and conditions of employment are also protected under the Act. Covered dental practices must retain documentation of their HIPAA compliance for at least six years from the date the document was created, or at least six years from the date the document was last in effect, whichever is later. Under which of the following conditions may a dentist refer a patient who is HIV positive to a dental specialist? In addition, remember that taking time to prepare for an appointment that requires an interpreter makes everything run a little more smoothly, and can even help save you a little money, as the appointment should go more efficiently. This newly revised publication from the ADA Division of Legal Affairs is a practical resource to address the wide array of legal issues relevant to you, your team and your practice. For information about when a dog or miniature horse qualifies as a service animal under the Act, and the questions the Act permits a dental practice to ask an individual who wishes to be accompanied by a service animal, see the Department of Justice publication, Service Animals. The Equal Pay Act is a part of the federal wage and hour laws. The FTC, the FDA, OSHA, EPA, and other powerful federal agencies are known to most practitioners. endstream endobj startxref Dent Clin North Am. What are the advantages and disadvantages of a sole proprietorship? FOIA To the extent ADA has included links to any third party web site(s), ADA intends no endorsement of their content and implies no affiliation with the organizations that provide their content. . . The Americans with Disabilities Act is a federal law that protects individuals with disabilities in places of public accommodation (such as a dental office), as well as certain employees with disabilities. Businesses pay this tax out of their own pocket; it is not withheld from employee paychecks. Prevention and good communication with the patient. More than 5,000 individuals hold a current license or permit issued by the Board of Dental Examiners. It means that the dentist must give the patient enough information about his or her condition and all available treatment options. Dentistry and the Law (Chapter 5) Flashcards | Quizlet
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