Each of the following sentences contains at least one error in the use of semicolons, colons, dashes, parentheses, ellipsis points, brackets, italics (underlining), quotation marks, apostrophes, or hyphens. Select a state below to find Bookshelf The patient has a condition that the dentist normally refers to a specialist. The site is secure. The fact that a mitigating measure eliminates or reduces an impairment cannot be taken into account in determining whether an individual has a disability. Which of the following organizations issues the license for a dentist to practice dentistry? Sample contracts, checklists and other helpful supplementary materials are included in the appendices. The Federal Unemployment Tax (FUTA) requires employers to pay this tax based on the wages of their employees. A malpractice suit is an example of ______ law. It is illegal to discriminate against or harass an individual because of race, color, religion, national origin, gender, or pregnancy, according to Title VII of the Civil Rights Act of 1964. (the "APA"), C.R.S., and the Dental Practice Act, sections 12-220-101 et seq. 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. Download Supporting Materials(ADA member exclusive) An employer who is in violation of the Equal Pay Act may not reduce an employees wages in order to comply. View the calendar for a complete list of upcoming board meetings. Which of the following situations is not an exception to disclosure? The FTC, the FDA, OSHA, EPA, and other powerful federal agencies are known to most practitioners. HIPAA applies to dental practices that are covered entities under HIPAA generally because they transmit patient health information electronically, such as by submitting electronic claims to an insurance company, or because patient health information is transmitted electronically on their behalf (for example, by a billing service). Dent Clin North Am. Enter and space open menus and escape closes them as well. doi: 10.1016/j.jebdp.2014.04.003. Attachment Dental Practice Act DOWNLOAD 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. EXAMPLE: Why did you wait until the last minute? However, dentists will want to avoid any claims of patient abandonment and should consult the state dental practice act before terminating a relationship with a patient. For additional information regarding OSHA training products, click here. However, not all employment relationships are at-will. 2783 0 obj <>stream An at-will employment arrangement simply means that the employer and the employee work at the will of the other. Prior to 1986, state laws or regulations did not permit dental hygienists to practice independently of a dentist's supervision in public and private settings. Which of the following offenses is most likely to result in imprisonment? The full guide is available from the ADA Store. National Library of Medicine APPLICATION OF SUNSET ACT. Keep in mind that harassment includes sexual harassment as well as verbal or physical conduct that denigrates or shows hostility or aversion to an individual on the basis of race, color, religion, gender, national origin, age, disability, sexual orientation, marital status, pregnancy, and any additional protected categories under federal or applicable state or local law. These materials are intended to provide helpful information to dentists and dental team members. Neither the ADA nor its affiliated entities make any representations or warranties, of any kind or any nature, whether express or implied, created by law, contract or otherwise, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose, title or non-infringement. HIPAA requires covered dental practices to take certain steps to safeguard the privacy and security of patients protected health information (PHI) and gives patients certain rights concerning their health information. Singapore Dent J. The . The. 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. However, the positive and negative effects of mitigating measures can be considered when assessing whether a person with a disability is entitled to reasonable accommodations or poses a direct threat. The State Board of Dental Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). The Board registers dental corporations. Employees who feel discriminated against may contact the Equal Employment Opportunity Commission to voice a complaint. asked my friend Tanya when I told her my problem. Ong KS, Tan JM, Chong WL, Yeo JF, Lee TL. Click here to find state statutes, regulations, and administrative rules governing the practice of each member of the dental team, brought to you through a collaborative endeavor between the American Association of Dental Boards (AADB) and Dental Assisting National Board, Inc (DANB). For more information on the Americans with Disabilities Act, see the Department of Justice publication, Americans with Disabilities Act Questions and Answers. Equal Employment Opportunity Commission publication, Questions and Answers on the Final Rule Implementing the ADA Amendments Act of 2008. Below you will find key points from the ADA publication, A Dentist's Guide to the Law: 246 Things Every Dentist Should Know. 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. When autocomplete results are available use up and down arrows to review and enter to select. A dental practice is subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) if it employs 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. Failure to pay a dental practitioner license renewal fee on time is an example of which of the following types of legal offense? 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. the case is unusual and conditions are beyond the dentist's scope of expertise. Share sensitive information only on official, secure websites. Every state required monitoring of the patient throughout the procedure and during recovery until discharge. Guidelines for developing an anti-harassment policy. 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. 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). The Board regulates the practice of dentistry, dental hygiene, and dental assisting, by examining applicants for competency and issuing licenses to candidates meeting the requirements of the State and the Board. Because of this, a dentist must protect his or her patients by hiring suitable employees with good work histories. function dental assistant who is authorized under this act as an expanded function dental assistant, has been engaged in the practice of expanded function dental assisting in this Commonwealth continuously for at least three years prior to appointment and does not practice as a dental hygienist. The dentist must examine the patient before and after the treatment. Do you believe her? Which of the following is the correct way for a dental assistant to correct a chart entry? What must a dentist do to avoid a patient claim of abandonment? This dis-harmony among the states should foster the national desire to develop a more unified approach in regulating oral sedation. hb``` ,@(q@W85!s:ZM[=9AAff9 xXFH>h~@ck2S5#^lh1eL} .pR@Y&= m:+ O1D"{2` d@Iy?2 `D`J$$KCHqm= In addition to these legislative changes, the ADHA has made a commitment to expand the scope of dental hygiene practice. hbbd``b`A" Z b$S Before government site. source of information regarding the laws and regulations that make up the body of the New York State Dental Practice Act. The Americans with Disabilities Act also requires dental practices to communicate effectively with individuals with disabilities. restrictive licensing laws restrict the scope of practice of dental hygienists. Who should make a guarantee about the outcome of dental treatment? ^X *j@bg fd100%@ N Unauthorized use of these marks is strictly prohibited. Dental offices may be required to provide trained interpreters for non-English speaking patients. The hearing is open to the public at which time there will beopportunity to provide comment on the rules to the Board. Existing Regulations: The Dental Board's regulations are under TITLE 16, PROFESSIONAL AND VOCATIONAL REGULATIONS, DIVISION 10, DENTAL BOARD OF CALIFORNIA. The Age Discrimination in Employment Act (ADEA) prohibits organizations with 20 or more employees from discriminating against workers or job applicants who are 40 years of age or older. Unfortunately, inappropriate advances and behavior can take place in these situations. The meetings begin at 8:30 am. The American Dental Association offers many products to help in the training of employees regarding OSHA standards. Employers with fewer than 15 employees may have similar obligations under state or local law. Under which of the following conditions may a dentist refer a patient who is HIV positive to a dental specialist? Only dogs and miniature horses can qualify as service animals under the Americans with Disabilities Act, although state or local law may permit other kinds of animals to qualify. They may also file a complaint charge at the state level. The public is welcome. A signed informed consent form guarantees protection for the dentist from patient claims that he or she was not fully informed about a procedure. A dental practice may be required by the Act to allow an individual to use a manual or power mobility device in the dental office. WCAG 2.0 can be found here. Employees in a dental office may be more vulnerable to discrimination or harassment than in other work settings because they usually report to one person: the dentist. Federal government websites often end in .gov or .mil. Which of the following refers to professional negligence? 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. The Colorado State Board has approved an educational video that is jointly sponsored by the Colorado Dental Association (CDA) and the University of Colorado School of Dentistry. How convincing is Ismenes change of heart beginning on line 604? Top 7 tips for working effectively with an interpreter: Curious about what language potential patients in your state may need? government site. Examples of such mitigating measures may include, for example, medication, medical equipment and devices, prosthetic limbs, low vision devices (e.g., devices that magnify a visual image [but not ordinary eyeglasses or contact lenses]), hearing aids, mobility devices, oxygen therapy equipment, use of assistive technology, reasonable accommodations, and learned behavioral or adaptive neurological modifications[as well as] psychotherapy, behavioral therapy, and physical therapy. Accessibility Please enable it to take advantage of the complete set of features! The Board issues specialty licenses to dentists who have post-graduate training and successfully complete an examination. The following meetings will be held at 9am in Main Street Mall (101 E. Capitol Avenue, Little Rock AR 72201) in the Cox Conference Room on the basement level:. Who owns the patient's original dental records? Xd`(-z^;c`8ERD>-VaDh~DA8 Members are appointed by the Governor for five year terms; officers are elected annually. been examined and diagnosed by a licensed dentist. Which of the following is legally necessary to dismiss a patient from a dental practice? The Equal Pay Act is a part of the federal wage and hour laws. 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. 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? attorney, accountant, insurance carrier). Today, prudent employers have policies in place that address all types of harassment. Clearly communicating to employees that unwelcome harassing conduct will not be tolerated, Establishing an effective complaint or grievance process, Providing anti-harassment training to managers and employees, Taking immediate and appropriate action when an employee complains, Creating an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed, A definition of harassment, with examples (the policys definition of harassment should meet or exceed the legal standard and make it clear that harassment that meets the definition will not be tolerated), The employees responsibility to report incidents of harassment as soon as possible, An effective procedure for reporting, investigating, correcting, and preventing harassment, Protection for the privacy and confidentiality of all allegations and investigations (however, employers should not promise absolute confidentiality), Disciplinary action, up to and including discharge, for violation of the policy, A prohibition against retaliation against an employee for making a bona fide complaint under the policy, Training (and periodic retraining) for all employees, who receive copies of the policy and any updates, An acknowledgement to be signed by each employee stating that the employee received and understands the policy and procedures, Negligent hiring: an employers failure to discover a job applicants incompetence or unfitness by checking references and criminal backgrounds, Negligent retention: an employers failure to take any corrective action with respect to a current employee, such as discharge or retraining, to correct a known problem, Use job application forms that meet federal, state, and local employment laws, Request copies of an applicants professional licenses, certifications, and degrees, Obtain consent from applicants for background checks and to contact former employers and educational institutions, Make notes of former employers who refuse to release information on an applicant, Use the job interview to clarify gaps in the resum or application, Document all inquiries and actions taken during the background and interview process, Dental Medicaid Compliance Resource Guide, Dental Medicaid Compliance Educational Video (YouTube-90 Minutes), Dental Medicaid Compliance Educational Video Handout, A Roadmap for New Physicians: Avoiding Medicare and Medicaid Fraud and Abuse, Employers and Health Information in the Workplace, HIPAA Security Organizational, Policies and Procedures and Documentation Requirements, Basics of Security Risk Analysis and Risk Management, Security Standards: Implementation for the Small Provider. This means, for example, that employers cannot have a policy that prohibits employees from sharing their compensation rates with each other and that employers cannot take disciplinary action against an employee for doing so. Federal government websites often end in .gov or .mil. The PubMed wordmark and PubMed logo are registered trademarks of the U.S. Department of Health and Human Services (HHS). Bethesda, MD 20894, Web Policies Should a Lawyer Review My Dental Employment Contract? 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. State dental practice act regulations are interpreted by the. Equal Employment Opportunity Commission (EEOC) has stated that certain impairments will consistently meet the definition of disability and refers to the proposed regulations in identifying the following examples (not an exhaustive list): deafness, blindness, intellectual disability (formerly known as mental retardation), partially or completely missing limbs, mobility impairments requiring use of a wheelchair . Clipboard, Search History, and several other advanced features are temporarily unavailable. If the king's avarice\mathit{\text{avarice}}avarice gets out of control, he might decide to Because we had left for the evening, we knew nothing of what had transpired in our living room, but it appeared that our cats had had a fierce disagreement. If you're asked to log in with an OHID - the state's best-of-breed digital identity - your privacy, data, and personal information are protected by all federal and state digital security guidelines. These restrictions on the way hygienists practiced have been a barrier to expanding access to preventive dental hygiene care. Sec. ____________ is (are) not included in the patient chart. 2014 Jun;14 Suppl:171-82.e1. Underline the correct pronoun in parentheses in each of the following sentences. asked my friend Tanya when I told her my problem. The law forbids permanent replacement of a pregnant employee, although a temporary replacement can be hired for the course of the maternity leave. Brought to you by AADB and DANB. Sept. 1, 1999. "Why did you wait until the last minute?" The federal Family and Medical Leave Act (FMLA) requires employers of 50 or more workers to provide employees who have worked for them for at least one year with up to 12 weeks of unpaid job-protected leave a year for family emergencies, including the birth, adoption, or foster placement of a child, and serious illness of the employee or a member of the employees immediate family. 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.
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