CA Dental Law & Ethics key terms

The state agency within the Department of Consumer Affairs that issues dental licenses and permits, adopts regulations under the Dental Practice Act, and investigates complaints and disciplines licensees.

California's statutory framework, mainly in the Business and Professions Code, that defines the practice of dentistry, licensure requirements, supervision rules, prohibited conduct, and the Board's enforcement authority.

The procedures and tasks a dental professional is legally permitted to perform, which vary by license or permit type and by the level of supervision required for auxiliaries and unlicensed personnel.

A level of oversight in which the supervising dentist is physically present in the office, has authorized the procedure in advance, and personally examines the patient as required before and after treatment.

Oversight in which the dentist has authorized the procedure but need not be physically present in the office while it is performed, as allowed only for specified procedures and specified auxiliary license categories.

An alternative route to a California dental license that recognizes a dentist's existing license from another jurisdiction plus relevant practice experience, instead of requiring the standard clinical and written examinations.

Performing or offering dental procedures without the license, permit, or registration California requires, or allowing an unlicensed person to perform them; both a crime and grounds for discipline.

A patient's voluntary agreement to treatment after receiving an explanation of the diagnosis, proposed treatment, material risks and benefits, alternatives including no treatment, and likely costs.

A patient's documented decision to decline recommended care after being told the risks of refusing; the dentist should record the discussion to show the choice was made knowingly.

Unilaterally ending care of an active patient without adequate notice, time to find another dentist, and arrangements for emergency care or records, leaving the person without needed treatment.

A person for whom the dentist has performed an evaluation and documented a treatment plan, creating continuing duties of care, follow-up, and recordkeeping.

The legal duty to keep complete patient charts, including radiographs and progress notes, for a minimum period after the last treatment; California expects at least seven years.

A patient's right to obtain copies of their dental record, including radiographs, on request; the dentist must respond and may charge a reasonable copying fee.

Federal regulations setting national standards for when covered dental practices may use or disclose protected health information, and specifying patient rights such as access and notice of privacy practices.

California's Confidentiality of Medical Information Act, which restricts how health care providers may disclose patients' medical information and is in some respects stricter than the federal HIPAA rules.

Individually identifiable health information, such as dental charts, radiographs, and billing data, created or held by a covered entity and subject to privacy and security protections.

An infection-control approach that treats all blood, saliva, and other body fluids as potentially infectious, requiring gloves, masks, eye protection, and hand hygiene for every patient encounter.

A weekly check in which a biological indicator is processed in each sterilizer and incubated to confirm that sterilization killed resistant spores; failures require corrective action and documentation.

California occupational safety rules requiring employers to maintain an exposure control plan, offer hepatitis B vaccination, supply protective equipment, train staff, and handle sharps safely.

State rules enforced by the Dental Board setting minimum infection-control practices for dental offices, covering sterilization, hand hygiene, barriers, and waterline maintenance, with violations leading to citations or discipline.

A lawful written or electronic order for a drug issued by a licensed dentist acting within the scope of practice, containing the required patient, drug, and prescriber information.

California's prescription drug monitoring database. Before prescribing a Schedule II, III, or IV controlled substance for the first time, and periodically during continued therapy, a prescriber must consult it.

A federal registration number that allows a dentist to prescribe, administer, or dispense controlled substances; it must be current and consistent with the state license.

A federally classified drug category with high abuse potential and accepted medical use, such as oxycodone and hydrocodone combination products, subject to the strictest prescribing and recordkeeping rules.

Behavior by a licensee that violates the Dental Practice Act or professional standards, such as fraud, gross negligence, substance abuse, or aiding unlicensed practice, and is grounds for discipline.

Advertising containing untrue statements, unverifiable claims, guarantees of results, or misleading omissions that could deceive the public; it is prohibited and subject to Board discipline.

A professional, including a dentist and dental staff, legally required to report reasonable suspicion of child abuse or neglect, elder abuse, or dependent adult abuse to the designated agency.

Physical, sexual, financial, or emotional abuse, neglect, abandonment, isolation, or abduction of a person 65 or older, or of a dependent adult aged 18 to 64; suspected cases must be reported.

The duty of dentists and other mandated reporters to notify child protective services or law enforcement promptly upon reasonable suspicion of abuse or neglect, followed by any required written report.

Dividing a patient's professional fee with another person, or paying a commission for patient referrals, in ways the law does not permit; generally barred when it rewards referral rather than actual services.

Offering, paying, soliciting, or receiving anything of value to induce the referral of patients or the purchase of goods or services, which is prohibited and can bring criminal and administrative penalties.

The rule that only licensed dentists may own a dental practice and control clinical decisions, so non-dentist investors may not own practices or share professional fees in prohibited arrangements.

Submitting claims for services not rendered, upcoding, unbundling, or misrepresenting treatment to obtain payment; a crime and a ground for license discipline and payer sanctions.

Evaluation of a dentist's care, competence, or conduct by other dental professionals, often through a committee, to protect quality of care; such proceedings are generally confidential and legally protected.

An organized program of monitoring, evaluating, and improving the care delivered in a practice or institution, using tools such as chart audits, outcome tracking, and corrective actions.

An administrative enforcement tool that lets the Board penalize certain minor violations with a citation and monetary fine instead of filing formal disciplinary charges.

The formal pleading the Board files to begin discipline, stating the alleged violations and the proposed action; the licensee may request a hearing before an administrative law judge.

A disciplinary outcome in which the licensee continues to practice under conditions such as monitoring, practice restrictions, continuing education, or random testing for a set period.