Dental Laws Dental Laws Dental Laws., Exams of Dentistry

Download Dental Laws Dental Laws Dental Laws. and more Exams Dentistry in PDF only on Docsity! Dental Laws Must I perform an exam before a hygienist can perform a prophy? - It is unprofessional conduct for a dentist to perform or allow to be performed any treatment on a patient who is not that dentist's patient of record. This does not apply if you are providing examinations on a temporary basis in settings like health fairs and school screenings. Who is considered a "patient of record"? - A "patient of record" is a patient who has been examined, has had a medical and dental history completed and evaluated, has had oral conditions diagnosed and for whom you have developed a written plan. Do I need to obtain informed consent for all procedures? Should I use a form? - Not all situations require a written informed consent. Another option is to document the informed consent dialogue in the patient's chart. The date, parties present and issues discussed should be included. Note whether you believed that the patient understood the discussion as well as how the patient actually consented. The problem, however, is that it may become your word against the patient's as to what was discussed. What if the patient refuses to undertake recommended treatment? - You should document that the patient understands the risks that may arise from such refusal and record in the treatment chart all recommended treatment and alternatives discussed. Also have the patient sign an informed refusal form or the treatment chart entry, noting the recommended treatment and risks of not proceeding, and keep that in the patient's chart as well. Can I proceed with treatment even if the patient does not consent to recommended X-rays or other diagnostic procedures? - A patient's refusal to pursue appropriate testing or X-rays or to undergo treatment does not allow a dentist to practice below the standard of care. While patients may influence the treatment plan to some extent, do not perform substandard treatment even if the patient requests and consents to it. The dentist is better off refusing to provide treatment if there is inadequate information to proceed. Can I proceed with treatment that the patient wants but I don't think is indicated? - Better not. If you believe the treatment the patient requests is not reasonable for the situation presented you run the risk of being liable for providing such treatment even if it is treatment requested by the patient. What is the standard of care? - The standard of care is a relative standard based on the conduct of a reasonable dentist under the same or similar circumstances Am I protected from liability if I volunteer my services as a dentist? - California does not have charitable immunity laws that may apply. While your professional liability insurance should cover you, contact your insurance carrier prior to volunteering your professional services. What are my obligations to treat patients with dental emergencies? - You have the obligation to make reasonable arrangements for the emergency care of your patients of record. You have the obligation, when consulted in an emergency by a patient not of record, to make reasonable arrangements for emergency care of that patient. What are the rules for communicating with patients via their cellphones? - A business must obtain an individual's consent prior to calling or sending a text message. A health care exemption applies if the communication: (1) Is sent only to the number provided by the patient (2) States the name and contact information of the health care provider (at the beginning of a voice call) (3) Does not include telemarketing, ads, billing or financial content (4) Complies with HIPAA. (5) Is short (<1min for voice calls and 160char or less for text messages). What rights does a patient have to privacy and confidentiality? - "Reasonable measures to protect patient privacy." The rule does not specifically require locking file cabinets or establishing cones of silence, despite the rumors. State law requires businesses that maintain personal information to notify individuals when the security of any unencrypted data is breached. Can patient information be recorded on the outside cover of the record? - Yes, but only the patient's name and/or account number can be readily apparent. Where certain health notices or medical alerts are required to be included in a patient's record, there is no specific prohibition, but in the interest of taking "reasonable measures" to protect patient privacy, it is best to use a color code system. Are there rules on who can write and how to write in the record? - The record is the most important source of evidence in a liability claim. A patient has a right to request to see their record. The state requires that all entries be dated. Each person who makes an entry into the chart must either sign their name. If the dental assistant makes an entry, the dentist should review that entry. When is it okay to alter the record? - Make a new entry by first recording the date of the entry and using the phrase, "addendum to" followed by the date you are referencing. Do not insert the entry into the correct date for that entry, as that will be interpreted as an improper attempt to alter the treatment records. What rights do patients have in accessing their records? - You own the patient record, including X-rays. Patients and their legal representatives can view or have copies. You may require that the patient submit a written request and you must verify the identity of the requestor. You must provide an electronic copy if requested. After receiving the request, you have 15 days to deliver the copy. Should a patient ask to inspect their record, you have 5 days to provide access. If a summary is requested, you have 10 days. Never release original content or original X-rays to the patient or any other health care provider. How do I deal with information requests from individuals or entities who do not represent the patient — what information can they have? - Records can be released to anyone the patient names in the request to access records. Information may be released without the patient's authorization for the purpose of treatment, obtaining payment, certain business operations such as quality assessment audits, and certain public benefit or interests (domestic abuse, criminal activity, coroner).