DE Dental Jurisprudence flashcards
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33 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Delaware dental practice statute
- The practice of dentistry in Delaware is governed by 24 Del. C., Chapter 11, which establishes the Board of Dentistry and Dental Hygiene and defines licensure and discipline.
- Practice of dentistry defined
- Diagnosing, treating, or prescribing for conditions of the teeth, gums, and oral structures, including furnishing prosthetic appliances, which requires a Delaware license.
- Unlicensed practice
- Practicing dentistry or dental hygiene, or helping an unlicensed person to practice, without a valid Delaware license or permit; it is a violation subject to discipline and criminal penalty.
- Grounds for discipline
- Statutory causes include fraud in obtaining a license, unprofessional conduct, incompetence, impairment, and violation of Board rules; the Board may revoke, suspend, or fine.
- Hygienist supervision requirement
- Dental hygienists may perform authorized services only under the supervision level defined by statute and rule, generally requiring a supervising licensed dentist's authorization.
- Practice ownership restriction
- Delaware limits ownership or operation of a dental practice to licensed dentists, with narrow exceptions, so non-dentists cannot control clinical judgment.
- Board composition
- The Board includes licensed dentist and dental hygienist members plus public consumer members appointed by the Governor, and a quorum is needed to act.
- Infection control rule
- Board rules require standard precautions, instrument sterilization, surface disinfection, and safe sharps handling in every Delaware dental office.
- Minimum record contents
- Rules require patient identification, date of service, diagnosis, treatment rendered, radiographs, and informed consent documentation in each dental record.
- Informed consent elements
- Before treatment, the licensee must disclose the diagnosis, proposed treatment, alternatives, and material risks in terms the patient can understand.
- Supervision levels
- Board rules define direct, indirect, and general supervision for auxiliaries, distinguished by whether the dentist is on premises and whether prior examination is required.
- Unprofessional conduct by rule
- Board rules define unprofessional conduct to include substance impairment, gross negligence, patient abandonment, and failure to cooperate with a Board investigation.
- Advertising restrictions
- Dental advertising must not be false or misleading, and any advertised fees or credentials must be accurately represented to the public.
- Dentist licensure requirements
- Applicants must graduate from a CODA-accredited dental program, pass the national board examination, and pass a clinical examination accepted by the Board.
- Hygienist licensure requirements
- Applicants must graduate from an accredited dental hygiene program and pass the national board and an accepted clinical examination before licensure.
- Restricted permit
- A limited permit allowing practice only within stated scope and supervision conditions, such as faculty, residency, or volunteer status, expiring on the stated date.
- Practicing outside permit
- Acting beyond the scope or supervision terms of a restricted permit constitutes unlicensed practice and exposes the holder to disciplinary action.
- Biennial renewal
- Delaware dental licenses renew on a two-year cycle; renewal requires CE attestation and disclosure of disciplinary actions in other jurisdictions.
- Lapsed license
- A license not renewed by the deadline lapses; practicing while lapsed is unlicensed practice and grounds for discipline.
- Address change notice
- Licensees must notify the Board of address or name changes within the rule-specified timeframe so official notices reach them.
- Licensure by credentials
- The Board verifies that an out-of-state applicant's education, examinations, and licensure history are substantially equivalent to Delaware requirements.
- CE cycle requirement
- Delaware requires continuing education credits each renewal cycle; the hour total and subject minimums are set by Board rule and must be confirmed currently.
- Mandatory CE subjects
- Board rule designates required subject areas, commonly infection control and ethics, which must be documented separately from general clinical credits.
- Approved CE providers
- Only courses from Board-recognized providers or sponsors count; non-accredited self-study may be excluded from the required credit total.
- CE record retention
- Licensees must keep certificates of completion for the rule-specified period and produce them if selected for a Board audit.
- CE audit response
- A licensee selected in the random audit must submit documentation within the stated deadline; failure to respond is itself a violation.
- Falsified CE attestation
- Attesting to continuing education credits not actually earned is unprofessional conduct and can result in suspension or other discipline.
- CE deficiency cure
- Missing credits found at audit may be completed within a set period with Board approval; uncured deficiency leads to disciplinary action.
- Duty to report impairment
- Licensees must report to the Board any licensee who is impaired, incompetent, or engaged in conduct posing a risk to patients.
- Institutional reporting duty
- Hospitals, health-care institutions, and professional associations must report disciplinary actions and for-cause terminations to the Board within the statutory timeframe.
- Board disciplinary process
- A complaint triggers investigation and may proceed to hearing; the licensee receives notice, may respond, and may be represented by counsel.
- Available sanctions
- Sanctions include reprimand, probation with conditions, suspension, revocation, civil penalties, and recovery of investigation costs.
- Interim suspension
- The Board may summarily suspend a license when continued practice presents an immediate danger to public health, pending a full hearing.