CA Dental Law & Ethics cheat sheet

Licensure requires graduation from an accredited dental school, passage of required national and California examinations, and satisfaction of background and license requirements.

A dentist may delegate tasks only to individuals legally authorized to perform them; unlicensed assistants may perform only basic supportive tasks allowed by law.

Supervision categories are direct, indirect, and general; each delegated procedure has a specific required supervision level set by statute or regulation.

RDA and RDAEF licenses authorize expanded functions; the scope is defined by the Dental Practice Act and regulations, not by office policy.

Dental licenses are renewed biennially, and renewal requires completion of continuing education including infection control and dental law and ethics hours.

A licensee must notify the Dental Board of California of a change of address within 30 days.

Practicing dentistry without a valid license, or aiding unlicensed practice, is unprofessional conduct and grounds for discipline.

A dentist may not supervise more dental assistants than the regulatory ratio permits; the limit depends on the assistant category and procedure.

Informed consent requires disclosure of the diagnosis, proposed treatment, material risks and benefits, alternatives, and consequences of no treatment.

Consent must be voluntary and may be withdrawn; treatment without valid consent can support claims of battery or negligence.

For minors, consent generally comes from a parent or guardian; an emancipated minor may consent to dental treatment independently.

Written consent is required for specified procedures and should document the discussion, not merely the patient signature.

A dentist may not abandon a patient; termination requires reasonable notice, emergency arrangements, and an opportunity to transfer care.

Material risks are those a reasonable patient would consider significant in deciding on treatment, not every remote possibility.

Consent for HIV testing or release of HIV-related information is subject to specific California confidentiality requirements.

Use of patient photographs or records for purposes beyond treatment requires additional authorization unless the information is properly de-identified.

Dental records must be legible, complete, and retained for at least seven years after the last treatment; for minors, retention is until age 18 plus seven years.

Patients have the right to inspect and copy their dental records; the dentist must respond within the statutory period and may charge reasonable copying costs.

Dental records include chart notes, radiographs, consent forms, prescriptions, laboratory orders, and relevant communications.

Release of patient information requires written authorization except for treatment, payment, specified legal reporting, or other permitted disclosures.

HIPAA requires minimum necessary use and disclosure, safeguards, breach notification within 60 days, and business associate agreements.

The California Confidentiality of Medical Information Act imposes additional confidentiality duties and penalties beyond HIPAA.

When a practice closes or is sold, records must be maintained and patients must be notified how to obtain copies or transfer records.

Electronic records require access controls, audit trails, and backup systems to protect confidentiality and integrity.

The Cal/OSHA Bloodborne Pathogens Standard requires a written exposure control plan, annual training, hepatitis B vaccination offer, PPE, and sharps controls.

Gloves are required for all patient contact and must be changed between patients; hand hygiene is performed before gloving and after glove removal.

Critical items such as surgical instruments and scalers must be sterilized; semi-critical items require high-level disinfection or sterilization.

Autoclaves must be monitored with biological indicators at least weekly and chemical indicators each load, with results documented in logs.

Single-use items, including needles, blades, and suction tips, must not be reused.

Dental unit waterlines must be maintained and treated so that nonsurgical cooling water meets the standard of no more than 500 colony-forming units per milliliter.

Needles must not be recapped by hand unless a one-handed scoop technique or safety device is used.

Infection control continuing education is required for license renewal.

A dentist needs a DEA registration and a valid California professional license to prescribe controlled substances.

CURES consultation is required before first prescribing a Schedule II, III, or IV controlled substance and at least every six months thereafter.

Electronic prescribing is required for controlled substances in California, subject to statutory exceptions such as system failure or emergency circumstances.

Schedule II prescriptions may not be refilled; Schedule III through V prescriptions have refill limits and expiration dates.

A valid prescription identifies the patient, drug, strength, quantity, directions, date, prescriber identifiers, and permitted refills.

Prescribing to oneself or family members is generally prohibited except in a documented emergency.

Opioid prescribing requires a documented dental diagnosis, risk assessment, multimodal pain management consideration, and naloxone consideration for at-risk patients.

A dentist must not prescribe outside the scope of dental practice or without a documented clinical basis.

Dental advertising must be truthful and not misleading; guarantees of results, false specialty claims, and deceptive pricing are prohibited.

A dentist may use a specialty title only if certified by an ADA-recognized specialty board and licensed by the Dental Board of California.

Fee advertisements must disclose the full fee or basis for the fee and must not use bait-and-switch tactics.

Unprofessional conduct includes gross negligence, incompetence, fraud, substance impairment, false advertising, and failure to maintain records.

Social media and online posts must not disclose protected health information or make misleading clinical claims.

A dentist should not disparage another dentist's treatment for the purpose of recruiting the patient.

Practicing under a name other than the licensee's own name generally requires a fictitious name permit from the Dental Board.

Patient solicitation and marketing must comply with California law and must not involve false or deceptive statements.

California dentists are mandated reporters of suspected child abuse or neglect.

A child abuse report is made to child protective services or law enforcement, followed by a written report within 36 hours.

Suspected elder or dependent adult abuse must be reported to Adult Protective Services or law enforcement, with a written report within two working days.

A mandated reporter must report reasonable suspicion; proof of abuse is not required.

Failure to report as a mandated reporter is a crime.

Dentists must report wounds from firearms or assaultive conduct to law enforcement immediately.

Reports made in good faith are protected, and the reporter's identity is kept confidential as provided by law.

Mandated reporting duties override patient confidentiality obligations.

Fee splitting with unlicensed persons is prohibited; dentists may pay bona fide employee salaries and fair-market-value rent.

Business and Professions Code section 650 prohibits giving or receiving remuneration for referring patients, with limited statutory exceptions.

A California dental corporation must be owned by licensed dentists and must meet corporate practice requirements.

Management service organizations may provide administrative services but may not control clinical judgment or set dental fees.

Referral to a specialist is permitted, but the referring dentist may not receive payment for the referral.

Discounts and insurance copayment waivers must comply with law and must not constitute insurance fraud.

Space-sharing arrangements require fair-market-value rent, separate practices, and no fee splitting.

Patients must be informed of any financial interest the dentist has in a referral destination.

The Dental Board of California receives and investigates complaints against licensees and may issue citations or file formal accusations.

The disciplinary process includes investigation, filing of an accusation, an administrative hearing, and a Board decision.

Discipline includes revocation, suspension, probation, public reproval, license restrictions, and fines.

Peer review committees review quality of care and professional conduct; good-faith participants have statutory immunity.

Quality assurance uses record audits, infection control inspections, and outcome monitoring to identify and correct deficiencies.

A licensee must report certain adverse events and settlements to the Dental Board as required by law.

Failure to cooperate with a Dental Board investigation is unprofessional conduct.

Disciplinary actions may be reported to national databases and can affect licensure in other states.