MD Dental Jurisprudence key terms
MD Dental Jurisprudence · Get comfortable with the vocabulary.
- Dental Practice Act
- Related: Maryland State Board of Dental Examiners, Scope of Practice
Maryland statute that defines who may practice dentistry, what tasks fall within that practice, and how licenses are issued, renewed, and taken away. It is the primary legal source the Board enforces.
- Maryland State Board of Dental Examiners
- Related: Dental Practice Act, Grounds for Discipline
The regulatory body created by statute to license dentists, dental hygienists, and dental assistants in Maryland, adopt regulations, investigate complaints, and impose discipline for violations of the Dental Practice Act.
- Scope of Practice
- Related: General Supervision, Direct Supervision, Expanded Function Dental Assistant
The set of procedures and activities a licensee is legally permitted to perform based on license type, training, and Board rules. Performing outside that boundary is unlicensed practice or a sanctionable violation.
- Direct Supervision
- Related: General Supervision, Dental Auxiliary
A level of oversight in which the dentist is physically present in the office, has evaluated the patient, and remains available during the procedure performed by an auxiliary. The dentist typically examines the patient before and after treatment.
- General Supervision
- Related: Direct Supervision, Dental Auxiliary
Oversight in which the dentist has authorized the procedure and the patient of record but is not required to be physically present in the office while an auxiliary performs it. Board rules limit which tasks may be delegated at this level.
- Dental Auxiliary
- Related: Expanded Function Dental Assistant, Direct Supervision
An umbrella term for licensed or registered support personnel, including dental hygienists, dental assistants, and expanded function dental assistants, whose permitted duties are defined by statute and Board regulation.
- Expanded Function Dental Assistant
- Related: Dental Auxiliary, Scope of Practice
A dental assistant with additional Board-approved training and credentialing who may perform specified reversible restorative and other delegated procedures under the required level of dentist supervision defined in regulation.
- Dental Hygienist License
- Related: Local Anesthesia Certification, Continuing Education Requirement
Credential authorizing a hygienist to perform duties such as prophylaxis, scaling, and patient education under the supervision level set by Maryland law and Board rules, which may vary by practice setting.
- Licensure by Examination
- Related: Licensure by Credentials, License Renewal
The standard pathway to a Maryland dental license, requiring graduation from an accredited dental program, passage of accepted national and regional clinical examinations, and satisfaction of character and other statutory requirements.
- Licensure by Credentials
- Related: Licensure by Examination, License Renewal
An alternate pathway allowing a dentist licensed and in good standing in another jurisdiction to obtain Maryland licensure without retaking the clinical examination, subject to statutory education, examination, and practice-history conditions.
- License Renewal
- Related: Continuing Education Requirement, Lapsed License
The periodic process by which a licensee submits a renewal application, attests to completion of required continuing education, pays the fee, and keeps the license active. Practicing on an expired license is unlicensed practice.
- Continuing Education Requirement
- Related: License Renewal, Audit
The number and type of credit hours a licensee must complete during each renewal cycle, including any mandated subject areas such as infection control or ethics, verified by attestation or documentation upon audit.
- Lapsed License
- Related: License Renewal, Unlicensed Practice
A license that has expired because renewal was not completed on time. The holder generally may not practice until reinstated, and late reinstatement may require additional fees, CE, or Board review.
- Unlicensed Practice
- Related: Lapsed License, Scope of Practice
Performing acts reserved to licensed dental professionals without holding a valid license or while a license is suspended, revoked, or lapsed. It is a violation subject to penalties and Board action.
- Informed Consent
- Related: Treatment Record, Standard of Care
The process of explaining a proposed treatment, its material risks, benefits, and reasonable alternatives, including no treatment, and obtaining the patient's voluntary agreement, documented in the record before care begins.
- Standard of Care
- Related: Informed Consent, Negligence
The degree of skill, care, and knowledge that a reasonably prudent dental professional with similar training would exercise in comparable circumstances. Departure from it supports a negligence claim or Board complaint.
- Treatment Record
- Related: Record Retention, Informed Consent
The contemporaneous documentation of a patient's history, examination findings, diagnosis, treatment rendered, medications, and communications. It is the primary evidence in malpractice and disciplinary proceedings.
- Record Retention
- Related: Treatment Record, Patient Records Release
The obligation to keep patient records for at least the period required by Maryland law and Board rules, and longer when litigation, minors, or other circumstances extend the deadline. Records must be legible and complete.
- Patient Records Release
- Related: Record Retention, HIPAA Privacy Rule
The process of providing copies of a patient's dental record to the patient or an authorized third party, generally on written request and subject to permitted fees and confidentiality limits under state and federal law.
- Negligence
- Related: Standard of Care, Grounds for Discipline
Failure to meet the applicable standard of care that causes harm to a patient. A malpractice plaintiff must show duty, breach, causation, and damages; the Board may separately discipline the same conduct.
- Infection Control Program
- Related: Sterilization Monitoring, Exposure Control Plan
The written office policies and procedures, consistent with CDC recommendations and Maryland regulations, governing hand hygiene, instrument reprocessing, surface disinfection, and management of exposure incidents.
- Exposure Control Plan
- Related: Infection Control Program, Post-Exposure Prophylaxis
A required written plan, based on OSHA bloodborne pathogens rules, identifying at-risk employees, describing protective measures, and outlining post-exposure evaluation and follow-up after occupational exposure to blood or body fluids.
- Sterilization Monitoring
- Related: Infection Control Program, Single-Use Device
The combination of mechanical, chemical, and biological indicators used to verify that sterilizers are functioning and that processed instruments have met accepted parameters before reuse in patient care.
- Single-Use Device
- Related: Sterilization Monitoring, Infection Control Program
An item designated by its manufacturer for one patient only and not intended for reprocessing. Reusing or reprocessing such a device contrary to labeling raises infection risk and may violate regulations.
- Post-Exposure Prophylaxis
- Related: Exposure Control Plan, Infection Control Program
Medical evaluation and, when indicated, preventive treatment offered after a occupational exposure to bloodborne pathogens, provided promptly and confidentially in accordance with the office exposure control plan.
- HIPAA Privacy Rule
- Related: Patient Records Release, Breach Notification
Federal rule governing use and disclosure of protected health information by covered dental practices, requiring safeguards, patient rights, and permitted disclosures such as treatment, payment, and health care operations.
- Breach Notification
- Related: HIPAA Privacy Rule, Patient Records Release
The obligation to notify affected individuals, and where required regulators, after an impermissible acquisition, access, use, or disclosure of unsecured protected health information, within applicable federal and state timeframes.
- Grounds for Discipline
- Related: Unprofessional Conduct, Sanction
The statutory list of conduct supporting Board action, such as fraud in obtaining a license, incompetence, unprofessional conduct, practicing while impaired, or violating Board orders and regulations.
- Unprofessional Conduct
- Related: Grounds for Discipline, Sanction
Conduct falling below the standards expected of a licensed dental professional, including dishonesty, boundary violations, abandonment, or practicing outside one's competence. It is a common statutory ground for discipline.
- Sanction
- Related: Consent Order, Probation
A penalty imposed by the Board after a finding of a violation, ranging from a reprimand or fine to probation with conditions, suspension, or revocation of the license, sometimes with a stay of the penalty.
- Consent Order
- Related: Sanction, Due Process
A negotiated resolution in which the licensee accepts findings and agreed sanctions without a full contested hearing. It is binding, becomes part of the disciplinary record, and is enforceable by the Board.
- Due Process
- Related: Administrative Hearing, Consent Order
The procedural protections owed to a licensee facing discipline, including notice of the charges, a meaningful opportunity to respond and present evidence, and a decision by an impartial decision-maker with appeal rights.
- Administrative Hearing
- Related: Due Process, Sanction
The contested-case proceeding, often conducted under the state administrative procedure act, where evidence is presented before a hearing officer or the Board and a proposed or final decision is issued.
- Probation
- Related: Sanction, Consent Order
A disciplinary status allowing a licensee to continue practicing under specified conditions, such as monitoring, practice restrictions, remedial education, or periodic reporting, for a defined period.
- Mandatory Reporting
- Related: Grounds for Discipline, Due Process
A legal duty for certain persons, potentially including licensees, to report specified conduct such as suspected impairment, abuse, or serious violations to the Board or another designated authority within required timeframes.
- Impairment
- Related: Grounds for Discipline, Probation
A licensee's inability to practice with reasonable skill and safety because of substance use, mental or physical condition, or other cause. It is a distinct disciplinary ground often addressed through evaluation and monitoring programs.
- Audit
- Related: Continuing Education Requirement, Record Retention
The Board's review of a licensee's records or continuing education documentation to verify compliance with renewal, recordkeeping, or practice requirements. Failure to substantiate claims can lead to discipline.
- Local Anesthesia Certification
- Related: Dental Hygienist License, Scope of Practice
Additional credential allowing a dental hygienist or assistant to administer local anesthesia after completing required education and examination, subject to the supervision level and limits set by Maryland regulation.