CA Dental Law & Ethics flashcards
CA Dental Law & Ethics · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Direct supervision
- A dentist is physically present in the office, has authorized the procedure, and evaluates the patient before and after the delegated task.
- Indirect supervision
- A dentist is in the office but not necessarily in the treatment room; the procedure is performed under the dentist's authorization and follow-up.
- General supervision
- A dentist has authorized the procedure but is not required to be physically present in the office; availability by phone may be required.
- RDA scope of practice
- A Registered Dental Assistant may perform only duties authorized by California law and regulations, including specified expanded functions under the required supervision level.
- Informed consent elements
- Informed consent requires disclosure of diagnosis, proposed treatment, material risks and benefits, alternatives, and consequences of refusing treatment, documented in the record.
- Emancipated minor consent
- A minor who is legally emancipated may consent to dental treatment without a parent or guardian, and the dentist should document the basis for emancipation.
- Patient abandonment
- Unilateral termination of the dentist-patient relationship without reasonable notice, an opportunity to transfer care, and emergency arrangements can constitute abandonment.
- Material risk disclosure
- A dentist must disclose risks that a reasonable patient would consider significant in deciding whether to accept treatment, not every remote possibility.
- Record retention rule
- California dentists must retain dental records for at least seven years after the last treatment; for minors, records are kept until age eighteen plus seven years.
- Patient record access
- A patient may inspect and obtain copies of dental records; the dentist must respond within the statutory period and may charge reasonable copying costs.
- HIPAA minimum necessary
- Covered dental practices must limit uses and disclosures of protected health information to the minimum necessary to accomplish the intended purpose, except for treatment.
- CMIA confidentiality
- The California Confidentiality of Medical Information Act imposes duties and penalties for unauthorized release of medical information that can be stricter than HIPAA.
- Exposure control plan
- A written Cal/OSHA-required plan that identifies bloodborne pathogen risks, safe work practices, PPE, hepatitis B vaccination, training, and post-exposure procedures.
- Biological indicator testing
- An autoclave must be tested with biological indicators at least weekly to verify sterilization; results and maintenance are documented in a log.
- Dental unit waterlines
- Dental waterlines must be maintained and treated so that nonsurgical cooling water meets the standard of no more than 500 colony-forming units per milliliter.
- Sharps handling rule
- Used needles and sharp instruments must be placed immediately in closable, puncture-resistant sharps containers; hand recapping is prohibited unless a safety device is used.
- CURES consultation
- Before prescribing a Schedule II, III, or IV controlled substance, and at least every six months thereafter, a California prescriber must check the CURES database.
- Schedule II refills
- A Schedule II prescription may not be refilled; it is valid for a limited period and requires a new prescription for additional medication.
- Electronic prescribing mandate
- California requires controlled substance prescriptions to be transmitted electronically, subject to statutory exceptions such as system failure or emergency circumstances.
- Prescription required elements
- A valid prescription identifies the patient, drug, strength, quantity, directions, date, prescriber name and license, DEA number, and permitted refills.
- Truthful advertising
- Dental advertising must be truthful and not misleading; claims of guaranteed results, false specialties, or deceptive pricing violate the Dental Practice Act.
- Specialty title use
- A dentist may announce a specialty only if certified by an ADA-recognized specialty board and licensed by the Dental Board of California.
- Unprofessional conduct
- Conduct including gross negligence, incompetence, fraud, substance impairment, false advertising, and failure to maintain records that can lead to Dental Board discipline.
- Child abuse reporting
- A California dentist who reasonably suspects child abuse or neglect must report to child protective services or law enforcement, followed by a written report within 36 hours.
- Elder abuse reporting
- Suspected abuse or neglect of an elder or dependent adult must be reported to Adult Protective Services or law enforcement, with a written report within two working days.
- Good faith immunity
- A mandated reporter who reports suspected abuse in good faith is immune from civil or criminal liability, even if the suspicion is later unconfirmed.
- Fee splitting prohibition
- Dentists may not divide fees with unlicensed persons or pay for patient referrals, though salaries, fair rent, and permitted business arrangements are allowed.
- Fictitious name permit
- A dentist practicing under a name other than the licensee's own name must obtain a fictitious name permit from the Dental Board, unless an exemption applies.
- Dental corporation ownership
- A California dental corporation must be owned by licensed dentists, and non-dentist investors may not control clinical decisions or share in professional fees.
- Dental Board complaint
- The Dental Board of California receives and investigates complaints against licensees and may resolve them through citation, settlement, or formal accusation.
- Administrative accusation
- A formal charging document filed by the Attorney General on behalf of the Dental Board that initiates disciplinary proceedings and states the alleged violations.
- Peer review immunity
- Peer review participants acting in good faith and within statutory scope are protected from liability for reviewing quality of care and professional conduct.