GA Dental Jurisprudence cheat sheet

The Georgia Dental Practice Act is codified at O.C.G.A. Title 43, Chapter 11, and is administered by the Georgia Board of Dentistry.

The Board consists of 11 members appointed by the Governor: 9 licensed dentists, 1 licensed dental hygienist, and 1 consumer member; all dentist and hygienist members must have been in active practice in Georgia for at least 5 years preceding appointment.

Board meetings occur at least twice per year; a quorum is a majority of members, and the Board may take disciplinary action by majority vote of those present.

The practice of dentistry is defined as the diagnosis, treatment, or prevention of oral disease, including the performance of operations on the human mouth, teeth, and jaws, and the prescribing of drugs or devices for those purposes.

Dental hygiene practice is defined separately and includes supragingival and subgingival scaling, root planing, polishing, and the administration of local anesthesia under the direct supervision of a licensed dentist.

The Board has authority to adopt rules and regulations that have the force of law, to issue and renew licenses, to investigate complaints, and to impose sanctions ranging from reprimand to revocation.

Unlicensed practice of dentistry is a misdemeanor on a first offense and a felony on subsequent offenses; the Board may also seek injunctive relief against unlicensed practitioners.

The Board may issue cease-and-desist orders and may impose civil penalties for violations of the Act or Board rules, in addition to any criminal penalties.

A Georgia dental license requires graduation from a CODA-accredited dental school, successful completion of the National Board Dental Examinations, and passage of a clinical competency examination accepted by the Board (such as ADEX).

Dental licenses in Georgia expire on December 31 of odd-numbered years and must be renewed biennially; hygienists renew on the same biennial cycle.

A late renewal penalty applies if the license is not renewed by the expiration date; practicing on a lapsed license is grounds for disciplinary action.

Inactive or retired status may be requested; a dentist in inactive status may not practice and must meet specific CE requirements to reactivate.

A license by credentials may be available to dentists who have practiced actively for a specified number of years and hold a current license in another state, subject to Board approval.

Dental hygienists must hold a current Georgia license and may perform only those duties authorized by the Act and Board rules; local anesthesia certification requires additional training and Board approval.

Continuing education is a condition of renewal: dentists must complete 40 hours every two years, including at least 8 hours in infection control and 8 hours in the area of controlled substances or prescribing, and hygienists must complete 30 hours every two years.

A licensee must notify the Board in writing of any change of name or address within 30 days.

A dentist may delegate to a dental hygienist only those procedures authorized by the Act and Board rule; the dentist remains responsible for the patient's care and for the acts of the auxiliaries.

Dental assistants may perform reversible intraoral procedures only under direct supervision of a licensed dentist; coronal polishing and fluoride application may be delegated to a trained assistant under direct supervision.

Direct supervision means the dentist is physically present in the office and immediately available to the patient; indirect supervision means the dentist has authorized the procedure and is available by phone but not necessarily on site.

A dental hygienist may perform a prophylaxis, scaling, and root planing without the prior examination of a dentist only in limited circumstances, such as when the patient has been examined by a dentist within the preceding 12 months or when the hygienist is practicing in a public health setting under a collaborative agreement.

Local anesthesia may be administered by a certified dental hygienist only under direct supervision of a dentist and after completing a Board-approved course of at least 30 hours of didactic and clinical training.

The standard of care is that degree of care and skill ordinarily exercised by reasonably competent dentists in the same or similar community under similar circumstances.

A dentist may not supervise more than a specified number of hygienists at one time; Board rules generally limit supervision to no more than two hygienists per dentist at any one time.

A dentist must conduct a clinical examination and approve a treatment plan before delegating any irreversible procedure.

Georgia dentists must comply with the CDC Guidelines for Infection Control in Dental Health-Care Settings and with OSHA bloodborne pathogens standards (29 CFR 1910.1030).

All dental health care personnel must be offered the hepatitis B vaccination within 10 working days of assignment and must receive annual bloodborne pathogen training.

Handpieces and other intraoral instruments that are not disposable must be sterilized between patients by autoclave or other validated sterilization method; chemical disinfectants alone are not acceptable for critical instruments.

Sterilization monitoring must include mechanical, chemical, and biological indicators; biological monitoring (spore testing) must be performed at least weekly.

Single-use disposable items must not be reused; sharps must be placed in puncture-resistant containers and disposed of according to Georgia EPD rules.

Dental offices must have a written infection control plan, and a copy must be available for inspection by the Board or its designees.

The Board may require evidence of infection control compliance during a practice inspection; failure to comply is grounds for discipline.

Dentists and hygienists must report suspected cases of infectious disease to the Georgia Department of Public Health as required by law, while maintaining patient confidentiality.

A dentist may prescribe controlled substances only for legitimate dental purposes and must hold a current DEA registration and a Georgia controlled substances registration.

Schedule II prescriptions must be written or electronically transmitted and may not be refilled; Schedule III-V prescriptions may be refilled only as authorized and must be dated and signed.

A dentist must maintain a record of all controlled substances dispensed, administered, or prescribed, including the patient's name, date, drug, strength, and quantity; records must be kept for at least 2 years.

Georgia's PDMP (Prescription Drug Monitoring Program) must be checked before prescribing Schedule II opioids and benzodiazepines to a patient for the first time, and for each subsequent prescription in certain circumstances.

A dentist may not prescribe controlled substances to a person with whom the dentist has no bona fide dentist-patient relationship; prescribing to family members is generally prohibited except in emergencies.

Prescriptions must include the dentist's name, DEA number, address, patient's name and address, date, drug name, strength, quantity, directions, and number of refills.

A dentist who becomes aware of a patient's opioid misuse or diversion must take appropriate action, including referral and documentation, and may not continue prescribing.

Failure to maintain accurate prescribing records or prescribing outside the scope of dental practice is grounds for Board discipline and may constitute a felony under Georgia law.

A dentist must maintain a complete and accurate patient record for each patient, including medical history, examination findings, diagnosis, treatment plan, informed consent, and progress notes.

Patient records must be retained for at least 7 years from the date of the last treatment, or until the patient reaches age 21, whichever is longer.

Patients have a right to access their dental records; a dentist must provide copies within a reasonable time and may charge a reasonable fee for copying.

Informed consent must be obtained before treatment and must include the diagnosis, the nature and purpose of the proposed treatment, the risks and benefits, and alternatives, including no treatment.

Confidentiality of patient information is protected by state law and HIPAA; disclosure without authorization is permitted only for treatment, payment, or health care operations, or as required by law.

A dentist may not discuss a patient's care with third parties without a signed authorization, except for consultations with other health care providers involved in the patient's care.

Minors may consent to certain types of care under Georgia law, but general dental treatment of a minor requires consent of a parent or legal guardian.

Alteration or falsification of patient records is unprofessional conduct and may result in license revocation.

Advertising must be truthful and not misleading; a dentist may not use a false, fraudulent, or deceptive statement in any advertisement or communication.

A dentist may not advertise as a specialist unless certified or eligible for certification by a recognized specialty board.

Fee splitting with a person who has not provided services is prohibited; a dentist may not pay or receive a commission or fee for the referral of patients.

A dentist may not divide a fee with a non-dentist for dental services, except for bona fide employees or associates under a written agreement.

Unprofessional conduct includes practicing beyond the scope of one's license, failing to maintain records, abandoning a patient, and practicing while impaired.

A dentist may not guarantee results or use testimonials that imply a guarantee of success.

A dentist may not use the title 'doctor' in a manner that implies a medical degree unless the dentist holds an MD or DO.

Solicitation of patients through coercive or harassing means is prohibited; advertising must include the dentist's name and license number if required by Board rule.

The Board may impose sanctions including reprimand, probation, suspension, revocation, and fines for violations of the Act or Board rules.

A dentist must report to the Board any adverse action taken against the dentist by another state or licensing authority within 30 days.

A dentist must report to the Board any unprofessional, incompetent, or impaired practice by another licensee that the dentist has personal knowledge of.

A dentist who is impaired by alcohol or drugs may be referred to the Georgia Professionals Health Program; participation may be mandated as a condition of continued licensure.

The Board may order a licensee to undergo a mental or physical examination if there is reasonable cause to believe the licensee is impaired.

Mandatory reporting does not apply to information obtained in the course of treatment of the impaired licensee, but the Board may still act on such information.

A licensee who fails to cooperate with a Board investigation may be disciplined for that failure alone.

Disciplinary actions are public record and are reported to the National Practitioner Data Bank.

Dentists must complete 40 hours of continuing education every two years, including at least 8 hours in infection control and 8 hours in controlled substance prescribing.

Hygienists must complete 30 hours of continuing education every two years, including at least 8 hours in infection control.

Continuing education hours must be obtained from Board-approved providers; a dentist may carry over a maximum of 10 excess hours to the next renewal period.

A dentist must maintain certificates of completion for continuing education for at least 4 years and provide them upon request by the Board.

Professional responsibility includes maintaining competence, adhering to the standard of care, and practicing within the scope of one's license.

A dentist must provide emergency care to a patient in the dental office and may not abandon a patient without proper notice and arrangements for continued care.

A dentist must report suspected child abuse or neglect to the Georgia Division of Family and Children Services as required by law.

A dentist has a duty to protect patient confidentiality and to obtain informed consent before treatment, as part of professional responsibility.