CA Dental Hygiene Law & Ethics flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Dental Practice Act location

California's Dental Practice Act is codified in Business and Professions Code section 1600 et seq.; the Dental Board's implementing regulations appear in Title 16, California Code of Regulations, Division 10.

Dental Board of California authority

The Dental Board licenses dentists, registered dental hygienists, and dental assistants, adopts regulations, investigates complaints, and imposes discipline including revocation, suspension, probation, or reprimand.

Citation and fine program

Under Business and Professions Code section 1680 the Board may issue citations with fines for lesser violations; the licensee may contest a citation by requesting an administrative hearing within the stated period.

Board disciplinary hearing process

Formal license discipline follows the Administrative Procedure Act: accusation, notice, hearing before an administrative law judge, proposed decision, Board adoption, and appeal by writ to superior court.

Section 805 reporting duty

Business and Professions Code section 805 requires insurers, employers, and peer review bodies to report to the Board any judgment, arbitration award, or settlement over $3,000 within 30 days.

Direct supervision defined

The supervising dentist has examined the patient, authorized the procedure, and is physically present in the office and available to provide immediate care while the hygienist performs the procedure.

General supervision defined

The dentist has examined the patient and authorized the procedure, but the dentist need not be physically present in the office while the registered dental hygienist performs it.

RDHAP practice authority

A Registered Dental Hygienist in Alternative Practice holds a separate license allowing independent hygiene practice in homebound patients' residences, schools, residential facilities, and shortage areas, with required referral to a dentist.

RDH extended functions

With additional Board-approved education, a registered dental hygienist may be certified to perform soft tissue curettage, administer local anesthesia, and administer nitrous oxide-oxygen analgesia.

Local anesthesia supervision level

A certified registered dental hygienist may administer local anesthesia only under direct supervision of a dentist, after completing a Board-approved course that includes clinical training and obtaining certification.

Procedures outside RDH scope

Registered dental hygienists may not diagnose, prescribe, extract teeth, place restorations, or move teeth orthodontically; those services require a licensed dentist and appropriate referral.

RDH continuing education requirement

Registered dental hygienists must complete 25 continuing education hours every two-year renewal cycle, including at least two hours in infection control, and retain certificates for Board audit.

Biennial license renewal

Registered dental hygienist licenses renew every two years; practicing on an expired license is unlawful, and late renewal requires payment of a delinquency fee before practice resumes.

Unprofessional conduct definition

Business and Professions Code section 1680.1 defines unprofessional conduct, including incompetence, gross negligence, repeated negligent acts, fraud, and practicing beyond the authorized scope of practice.

RDH licensure requirements

Licensure requires graduation from an accredited dental hygiene program, passing the national board examination and a clinical examination, fingerprint clearance, and submission of a Board application.

Weekly spore testing

Biological indicators must be used to monitor each sterilizer at least weekly, results documented, and a positive spore test requires corrective action and retesting before the sterilizer returns to service.

Hepatitis B vaccine offer

Employers must offer hepatitis B vaccination free of charge within 10 working days of initial assignment to exposure-prone duties; an employee may decline in writing.

Critical instrument sterilization

Instruments that contact bone or penetrate soft tissue, such as scalers and surgical forceps, must be cleaned and heat-sterilized between patients because they carry the highest infection risk.

Dental unit waterline standard

Dental unit waterlines must be maintained and treated so the output meets drinking water quality standards, generally no more than 500 colony-forming units per milliliter.

Sharps container handling

Used needles and sharp items go into closable, puncture-resistant, labeled containers kept near use areas and replaced when about three-quarters full; needles are not recapped by hand.

Informed consent elements

Valid consent requires disclosure of the diagnosis, proposed treatment, material risks and benefits, alternatives including no treatment, and a voluntary decision documented in the dental record.

CMIA confidentiality law

The California Confidentiality of Medical Information Act (Civil Code section 56 et seq.) protects patient medical information and requires authorization for most disclosures, with exceptions for treatment, payment, and legally required reports.

Fiduciary duty meaning

The hygienist must place the patient's welfare above personal financial interest, avoid fee-splitting and improper self-referral, and recommend treatment based on clinical need rather than financial gain.

Professional boundary violation

Sexual contact or a romantic relationship with a patient is unprofessional conduct; dual relationships that impair professional judgment must be avoided or disclosed to the patient.

Negligence four elements

To prove negligence the plaintiff must establish a duty of care, a breach of the applicable standard of care, causation of the injury, and actual damages recognized by law.

Dental malpractice time limits

Code of Civil Procedure section 340.5 requires suit within one year of discovery or three years of injury, whichever comes first; minors under six may sue until age eight.

MICRA damages cap

California's Medical Injury Compensation Reform Act caps non-economic damages in professional negligence cases with a base of $250,000 and requires a 90-day notice of intent to sue.

Child abuse reporting deadline

A reasonable suspicion of child abuse must be reported immediately or as soon as practicably possible by telephone, followed by a written report within 36 hours; failure to report is a misdemeanor.

Elder abuse reporting deadline

Suspected physical abuse of an elder or dependent adult must be reported by telephone immediately and in writing within two working days; neglect reports are due within two working days.

Patient abandonment

Unilateral termination of care without reasonable written notice, time to find another provider, emergency instructions, and record transfer constitutes abandonment and may create liability.

Patient records access

Patients may request copies of their dental records; the provider must respond within the period set by Health and Safety Code section 123110 and may charge only permitted fees.

Referral obligation

When clinical findings or needed care exceed the hygienist's scope or competence, the patient must be referred promptly to a dentist or appropriate specialist and the referral documented.