For information, inquiries, feedback and comments contact us. Sample contracts, checklists and other helpful supplementary materials are included in the appendices. Dental Assistants Recognition Week TikTok Dance Challenge. 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. Are there legal issues in making the transition to a paperless office? Why or why not? 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 full guide is available from the ADA Store. Which of the following types of law deals with binding agreements between two people? This content is not intended or offered, nor should it be taken, as legal or other professional advice. Prevention and good communication with the patient. 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? States vary with respect to who is entitled to such compensation and under what circumstances, so you are advised to check with a qualified attorney in your area to fully understand when a terminated employee may be eligible to collect unemployment compensation. 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 site navigation utilizes arrow, enter, escape, and space bar key commands. Conclusions: Exceptions include seniority and merit systems. HHS Vulnerability Disclosure, Help Also, it is . Provide the interpreter with a brief explanation of what you are need to achieve during the conversation with your non-English proficient patient. 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. For example, in certain circumstances, a dental practice may have to provide a sign language interpreter or other auxiliary aid or service to a member of the public who is deaf. A physiological impairment is a condition or disorder, an anatomical loss affecting any of the major body systems, or a cosmetic disfigurement. Enteral sedation: safety, efficacy, and controversy. Be patient! Under the employment provision of the Act, an employee of a dental office with 15 or more employees cannot be disqualified from a position based on a disability (for example, using a wheelchair) as long as the employee can perform the job duties with or without reasonable accommodations. 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. General Provisions Relating to Practice of Dentistry 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. A-501: Policy Regarding Oral Conscious Sedation, A-502: Policy Regarding Treatment within the Scope of Dental Practice, J-502: Policy Regarding Termination of the Dentist-Patient Relationship, J-210: Policy Regarding Remedial Education of Core Competencies for Licensed Dentists, J-620: Policy Regarding the Disposal of Sharps, B-503: Policy Regarding Treatment within the Scope of Dental Hygiene Practice, B-511: Policy Regarding the monitoring of Nitrous Oxide-Oxygen (N2O-O2) Minimal Sedation by Dental Hygienists, B-501: Policy Regarding Dental Hygienists Performing Periodontal Maintenance when the Supervising Dentist is not Present, J-215: Policy Regarding RemedialEducation of Core Competencies for Dental Hygienists, G-511: Policy Regarding the Monitoring of Nitrous Oxide-Oxygen (N2O-O2) Minimal Sedation by Dental Assistants, K-701 Policy Regarding Legislative Representation, Tobacco Counseling for Control and Prevention of Oral Disease, Role of the Dentist in Sleep-related Breathing Disorders. state statutes, regulations and administrative rules governing the Forty-one states required a permit to administer moderate sedation by the oral route. 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? Expanding oral care opportunities: direct access care provided by dental hygienists in the United States. 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 National Library of Medicine Accordingly, employers cannot take disciplinary action against employees because they exercised their rights under the NLRA, and cannot maintain policies that limit employee rights in this regard. Unfortunately, inappropriate advances and behavior can take place in these situations. Find a states dental practice act. In addition, all states expected the practitioner and clinical staff to be adequately trained to manage a sedation-related emergency. 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. Please enable it to take advantage of the complete set of features! (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. 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:. 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). Bethesda, MD 20894, Web Policies Employers with fewer than 15 employees may have similar obligations under state or local law. When a report of harassment is received, the dentist, or management, should promptly conduct a thorough investigation. 2014 Jun;14 Suppl:171-82.e1. Colorado Dental Board: Laws and Rules HHS Vulnerability Disclosure, Help Do you believe her? 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 is considered the best defense against a malpractice lawsuit? For more information about effective communications under the Act, see the Department of Justice publication, Effective Communication. been examined and diagnosed by a licensed dentist. 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 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. What must a dentist do to avoid a patient claim of abandonment? The Americans with Disabilities Act also requires dental practices to communicate effectively with individuals with disabilities. ((a) amended April 29, 2010, P.L.176, No.19) General Provisions Relating to Practice of Dentistry. It means that the dentist must give the patient enough information about his or her condition and all available treatment options. 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. source of information regarding the laws and regulations that make up the body of the New York State Dental Practice Act. 8600 Rockville Pike Child Welfare Information Gateway, Advertising FAQs: A Guide for Small Business, Advertising and Marketing on the Internet: Rules of the Road, Complying with the Telemarketing Sales Rule, Business Guide to the FTCs Mail, Internet, or Telephone Order Merchandise Rule, Department of Justice and Federal Trade Commission Statements of Antitrust Enforcement Policy in Health Care, Childrens Online Privacy Protection Act (COPPA), Complying with COPPA: Frequently Asked Questions, Americans with Disabilities Act (U.S. Department of Justice), Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices, Americans with Disabilities Act Primer for Small Business, Drug Addiction in Health Care Professionals, Employment Laws Assistance for Workers and Small Businesses (elaws), Equal Employment Opportunity Commission (U.S.). DEFINITIONS. 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. Should a Lawyer Review My Dental Employment Contract? In addition, patients often see health care providers under circumstances that may put the patient in a vulnerable position. HIPAA covered dental practices must comply with both HIPAA and with any applicable state law requirements that are either not contrary to HIPAA, or that are contrary to but more stringent than HIPAA. This dis-harmony among the states should foster the national desire to develop a more unified approach in regulating oral sedation. Use short but complete phrases. autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia. The following is the United States Equal Employment Opportunity Commission (EEOC)s basic definition of sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance, or creates an intimidating, hostile, or offensive work environment. For example, anti-harassment policies can be posted in an area where employees as well as non-employees can see them. EXAMPLE: Why did you wait until the last minute? ^X *j@bg fd100%@ N Dental Board Statutes and Regulations. As a result, dentists should always be vigilant in dealing with all forms of sexual harassment. It protects the employees of a dental office from discrimination in the terms and conditions of their employment. The PubMed wordmark and PubMed logo are registered trademarks of the U.S. Department of Health and Human Services (HHS). Guidelines for developing an anti-harassment policy. Complete the sentences by inferring information about the italicized word from its context. An at-will employment arrangement simply means that the employer and the employee work at the will of the other. Laws and Regulations - Dental Board of California Incorporating new ADA sedation-anesthesia practice guidelines into state dental board regulations. An employee who is on active military duty (or who is the spouse, parent, or child of an individual on active military duty) is entitled to 12 weeks of job-protected leave to attend certain service-related functions such as military events, and may be entitled to a total of 26 weeks unpaid leave if a family service member is injured or falls ill in the line of duty. 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 Federal Unemployment Tax (FUTA) requires employers to pay this tax based on the wages of their employees. Harassment is simply a form of prohibited discrimination under Title VII and similar state and local laws. 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.