The law forbids permanent replacement of a pregnant employee, although a temporary replacement can be hired for the course of the maternity leave. 2014 Jun;14 Suppl:209-21.e1. When parents live separately, the child's personal information form should indicate which parent. The National Labor Relations Act contains provisions relating not only to unionized employee workplaces but also to non-unionized workplaces. More than 5,000 individuals hold a current license or permit issued by the Board of Dental Examiners. The Board by rule and regulation prescribes those acts, services, procedures, and practices which define the practice of dentistry and those acts, services, procedures, and practices that can be performed by dental hygienists and dental assistants. Prior to 1986, state laws or regulations did not permit dental hygienists to practice indepe You should always consult with your own professional advisors (e.g. Existing Regulations: The Dental Board's regulations are under TITLE 16, PROFESSIONAL AND VOCATIONAL REGULATIONS, DIVISION 10, DENTAL BOARD OF CALIFORNIA. Give us a call or send us an email to let us know how we can help. 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. Which of the following is not true concerning the content of an Informed Consent Form? The FTC, the FDA, OSHA, EPA, and other powerful federal agencies are known to most practitioners. In simple terms, the Pregnancy Discrimination Act of 1978 provides that a woman cannot be fired or denied a job because of pregnancy, childbirth, or related medical conditions. The Arkansas State Board of Dental Examiners was created by act 144 of 1887 and has been in continuous existence since that time. 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. Expanding oral care opportunities: direct access care provided by dental hygienists in the United States. About the Guide Laws That May Affect Your Practice _______________ is permission for a procedure to be performed, which is granted by a patient after having been informed about the procedure's details. Other impairments may be substantially limiting for some but not for others, including asthma, back and leg impairments, and learning disabilities.. Exceptions include seniority and merit systems. This information was provided courtesy of CyraCom Interpretation services. Federal government websites often end in .gov or .mil. 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 that once an employee reports non-employee harassment, a prompt investigation is advisable. 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. 2017 Arkansas Department of Health. Which of the following doctrines would be invoked in a situation where a dentist extracted the wrong tooth? Olabi NF, Jones JE, Saxen MA, Sanders BJ, Walker LA, Weddell JA, Schrader SM, Tomlin AM. %PDF-1.7 % The site navigation utilizes arrow, enter, escape, and space bar key commands. Employees whose employment is terminated involuntarily may have rights to some periodic unemployment compensation under state unemployment compensation laws. Bookshelf 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. The meetings begin at 8:30 am. Although not specifically stated in the NPRM, the final regulations state that major bodily functions include the operation of an individual organ within a body system (e.g., the operation of the kidney, liver, or pancreas)., The positive effects of mitigating measures (other than ordinary contact lenses or eyeglasses) must be ignored in determining whether an impairment substantially limits a major life activity. Failure to pay a dental practitioner license renewal fee on time is an example of which of the following types of legal offense? 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. Who should make a guarantee about the outcome of dental treatment? Byron Almen, Dorothy Payne, Stefan Kostka, 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, Chapter 11: Congress: Balancing National Goal. The U.S. Department of Health and Human Services Office for Civil Rights, which is the federal agency that enforces HIPAA, can require a covered dental practice to produce documentation of HIPAA compliance in the course of an investigation or compliance review. An official website of the United States government. Incorporating new ADA sedation-anesthesia practice guidelines into state dental board regulations. The Equal Pay Act is a part of the federal wage and hour laws. Which of the following forms of licensure allows a dentist who is licensed in one state a license to practice in another state without further examination or requirements? Dental offices that are subject to regulation under Section 1557 of the Affordable Care Act, as well as certain instances under the American's with Disabilities Act, may require a practice to look for interpreter or translation services. General Provisions Relating to Practice of Dentistry 251.002. An individual with an impairment that is episodic or in remission is considered disabled if the impairment would substantially limit a major life activity when active. 3 We reviewed state dental and medical practice laws during 2000-2001. Tab will move on to the next part of the site rather than go through menu items. CRAs are mainly credit bureaus that gather and sell information, such as bill-paying and bankruptcy details, to creditors, employers, and other organizations. Which of the following organizations issues the license for a dentist to practice dentistry? Compend Contin Educ Dent. According to the U.S. Supreme Court and the Equal Opportunity Commissions Guidelines on Discrimination Based on Sex, employers can be held liable for sexual harassment of employees by non-employees. HHS Vulnerability Disclosure, Help Businesses pay this tax out of their own pocket; it is not withheld from employee paychecks. The guide addresses key questions such as: This fourth edition contains updated information on many legal topics, such as the various regulations relating to HIPAA, the Sunshine Act, the Payment Card Industry Data Security Standard (PCI DSS), and the federal Anti-Kickback Statute and Self-Referral (Stark) Law. The https:// ensures that you are connecting to the Moreover, some states put restrictions on the at-will doctrine. The hearing is open to the public at which time there will beopportunity to provide comment on the rules to the Board. Which of the following categories of civil law is established through the written word or by a verbal agreement? Employees who feel discriminated against may contact the Equal Employment Opportunity Commission to voice a complaint. (the "Practice Act"), C.R.S. The .gov means its official. Accessibility source of information regarding the laws and regulations that make up the body of the New York State Dental Practice Act. Mobility devices may include walkers, wheelchairs, electric scooters and devices such as Segways. Who owns the patient's original dental records? The Americans with Disabilities Act also requires dental practices to communicate effectively with individuals with disabilities. 4715-5-06 Reports of adverse occurrences. Dentists should consult with their qualified attorneys regarding this issue, as well as to receive guidance as to how to write a dental office anti-harassment policy that complies with applicable law. 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. 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. 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 dentist must examine the patient before and after the treatment. Staff must be trained in the written HIPAA policies and practices adopted by the dental office and training must be documented. 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. 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). If you have additional questions about this license, you should contact the Ohio Board of Pharmacy at 614-466-4143 or via email atcontact@pharmacy.ohio.gov. Which of the following refers to professional negligence? Download Supporting Materials(ADA member exclusive) What does the Americans with Disabilities Act require for office design? How often should patients be asked to update their health history forms? It protects the employees of a dental office from discrimination in the terms and conditions of their employment. In general, it states that two employees of different genders who do the same work must receive the same amount of pay. hb``` ,@(q@W85!s:ZM[=9AAff9 xXFH>h~@ck2S5#^lh1eL} .pR@Y&= m:+ O1D"{2` d@Iy?2 `D`J$$KCHqm= However, you should be familiar with this law to make sure your insurance company is acting in compliance with ERISAs requirements. Which of the following is the first of the "four Ds" that must be present for a malpractice suit against a dentist to be successful? Generally, your insurance company will take care of your ERISA obligations. DEFINITIONS. 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. Guidelines for developing an anti-harassment policy. impassive : calm :: search : _____ a. find b. explore c. begin d. reason. Are there legal issues in making the transition to a paperless office? The Arkansas State Board of Dental Examiners was established by the Legislature in 1887 to help protect the interest of Arkansas citizens. The. . The site is secure. Further, ADA makes no representations or warranties about the information provided on those sites. 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. You may click on the links below to see each chapter of the Texas Occupations Code as it pertains to the practice of Dentistry. %%EOF Because of this, a dentist must protect his or her patients by hiring suitable employees with good work histories. (D F)g4JHW3fNw>HI@xL: b30H}bwl1O%e?wYtZ:z.?t~d1~d,z% W|"R2:mz*mev#8u* v:G@)]i Kn.XGi"{,gqZl. 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. This law comes into effect if you use a third-party for reference and credit checks on job candidates. In addition there are frequently no strict guidelines for hiring, promoting, and rewarding employees in a small business as there are for large organizations. 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. 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. Recently, the number of states that have eased the restrictions related to dental hygiene practice has increased. Failure to perform an act that a reasonable and prudent professional would perform is called. 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. Employees should be trained on the topics listed in the Standard, including: A dental practice should have an infection control manual. Chapter 251. 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. 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. What are the advantages and disadvantages of a sole proprietorship? Robert Carlisle, DDS,Secretary/Treasurer, Corneshia Harrison, Administrative Analyst. 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). A direct threat is defined as a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. A direct threat of substantial harm must be established through objective and medically supportable methods, not based on generalizations or stereotypes. 2012 Spring;59(1):12-7. doi: 10.2344/11-15.1. The use of office-based sedation and general anesthesia by board certified pediatric dentists practicing in the United States. Looking for a state's practice act? Which of the following statements is true concerning statutory law? 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. DENTAL PRACTICE PERMITS: 64B5-9: PRESCRIPTIONS FOR DENTAL HYGIENE SERVICES AND CERTIFICATION OF DENTAL RADIOGRAPHERS: 64B5-10: INACTIVE LICENSURE STATUS, RENEWAL, REACTIVATION, AND EXEMPTIONS: . _______________ 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. The Board is authorized by statute to license dentists and dental hygienists by examination or credentials. 100, or at info@cdaonline.org. Special Permits : 1640-1642: Article 2.6. For additional information regarding OSHA training products, click here. American Association of Dental BoardsChicago Office200 East Randolph Street, Suite 5100Chicago, IL 60601DC Office1701 Pennsylvania Avenue NW, Suite 200Washington, DC 20006. Abuse and neglect First, state dental practice acts define scope of practice (what procedures are allowed) and supervision requirements for hygienists. 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. Rewrite each sentence, punctuating it correctly. Dent Clin North Am. Approved Regulations. Specify the legal requirements for the practice of dentistry within the state. Find out the top ten languages used in your state. It should be noted that sections of law and regulation outside of the Dental Practice Act are not included in this guide and that anyone needing additional information should contact an attorney or NYSDA. Members are appointed by the Governor for five year terms; officers are elected annually. This site needs JavaScript to work properly. Which of the following is considered the best defense against a malpractice lawsuit? government site. Use short but complete phrases. In addition to these legislative changes, the ADHA has made a commitment to expand the scope of dental hygiene practice. Under these laws, all employers are expected to provide their employees with a harassment-free work environment. An at-will employment arrangement simply means that the employer and the employee work at the will of the other. For example, anti-harassment policies can be posted in an area where employees as well as non-employees can see them. Board meets eight or more times a year and conducts disciplinary hearings in conjunction with those meetings. Given this focus, it is critical that dental hygiene practitioners receive the appropriate education to support their providing care directly to the public-functioning independently as licensed professionals. For more information about the FCRA, visit the Federal Trade Commission website. 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. Top 7 tips for working effectively with an interpreter: Curious about what language potential patients in your state may need? Underline the correct pronoun in parentheses in each of the following sentences. Below you will find key points from the ADA publication, A Dentists Guide to the Law: 246 Things Every Dentist Should Know. government site. Find a states dental practice act. In given of the following sentence, underline the correct word or words in parentheses. 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:. Conclusions: State dental boards have significantly increased regulation of oral sedation over the past 10 years, but vary widely in their permit requirements for issuance. 4715-5-05 Use of general anesthesia and deep sedation. Federal government websites often end in .gov or .mil. Office of Performance Management Quality Improvement and Evaluation, Renew your registered dental assisting permit. The Board issues permits to dental assistants who have qualified for expanded duties.
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