MO Dental Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Dental Practice Act authority

Chapter 332, RSMo is the statute governing Missouri dentistry; the Missouri Dental Board adopts implementing rules in 20 CSR 2110. Rules must be consistent with the statute.

Statutory definition of dentistry

The Act defines dentistry broadly to include diagnosis, treatment planning, surgery, and correction of dental disease. Performing these acts without a license is unlawful practice.

Grounds for Board discipline

Statutory grounds include fraud in obtaining a license, incompetence, unprofessional conduct, impairment, and conviction of certain offenses. Each ground supports Board investigation and sanction.

Administrative Hearing Commission role

Contested disciplinary cases are adjudicated through the Administrative Hearing Commission, which issues findings; the Board then imposes the sanction authorized by statute.

Unlicensed practice consequence

Practicing without a valid license, or while suspended, is a statutory violation punishable by criminal penalty and is itself a ground for denial of future licensure.

Advertising restrictions

Licensees may not use false, deceptive, or misleading advertising or guarantee treatment results. Fee and specialty claims must be accurate and verifiable.

Biennial license renewal

Missouri dental licenses renew on a biennial cycle. Renewal requires the fee, CE attestation, and disclosure items; missing the deadline lapses the license.

Lapsed license rule

A lapsed license is not valid for practice. Practicing while lapsed is unlicensed practice; reinstatement requires application, fees, and proof of continuing competence.

Limited and faculty licenses

Limited licenses (faculty, postgraduate, volunteer) authorize practice only within the specified institution or setting. They do not permit general private practice.

Sedation and anesthesia permits

Anesthesia and sedation are separate credentials requiring specific training, office inspection, and renewal beyond the base dental license.

License verification

License status is public information. Employers and patients may verify standing through the state licensing database; licensees must keep address and name current.

CE per renewal cycle

Continuing education is required each biennial cycle in the total hours and subject distribution set by Board rule. Hours must be documented and verifiable.

Mandatory CE topics

Board rule designates required subject areas, typically including infection control and ethics/professional responsibility. Verify current hour allocations before each renewal.

CE record retention

Licensees must retain certificates of completion for the cycle. The Board may audit; hours that cannot be documented are disallowed and may prompt discipline.

CE audit burden

The licensee bears the burden of proving CE completion. A deficiency found at audit can result in disciplinary action even if renewal was accepted.

CE carryover limits

Excess CE hours generally do not carry into the next cycle unless the rule expressly allows it. Plan hours within the current renewal period.

Direct supervision defined

Direct supervision means the dentist is physically present in the office, has examined the patient, and remains responsible for the delegated procedure and its outcome.

General supervision defined

General supervision means the dentist authorized the procedure but need not be present. The dentist retains legal responsibility for delegated care.

Delegable hygienist services

Hygienists may perform prophylaxis, scaling, and related services at the supervision level set by rule; some services require a prior dentist examination.

Expanded-function assistant duties

Restorative and other expanded duties require specific formal training and certification recognized by the Board, performed under the required supervision level.

Dentist responsibility for delegation

The dentist is legally accountable for all acts delegated to auxiliaries and must confirm the auxiliary holds a current, appropriate credential.

Prescribing requirements

Prescribing controlled substances requires a valid DEA registration and compliance with Missouri prescription monitoring and dispensing report obligations.

Patient abandonment

A dentist may not abruptly terminate care. Notice and a reasonable opportunity to arrange transfer are required, and record retention duties continue.

Informed consent documentation

Treatment requires informed consent. The record should show discussion of risks, benefits, alternatives, and the patient's agreement to proceed.

Patient confidentiality

Patient information may not be disclosed without authorization except where law requires or permits it, such as mandatory reporting or a court order.

Mandatory reporting duty

Licensees must report certain conduct, including impairment or abuse, as specified by law. Retaliation against a person who reports is prohibited.

Range of disciplinary sanctions

Sanctions range from reprimand and probation to suspension, revocation, and civil penalties, and may include CE, monitoring, or practice restrictions.

Infection control as duty

Failure to meet minimum infection control standards violates public health rules and independently constitutes a ground for Board discipline.

Billing fraud as misconduct

Billing for services not rendered or upcoding is unprofessional conduct, supports Board discipline, and may be referred for criminal or civil enforcement.

Record retention obligation

Dental records must be kept for the period required by Board rule and produced to the Board on request, including after a practice closes.

Cooperation with investigation

Failing to respond to a Board inquiry or subpoena is itself a disciplinary ground, separate from the underlying conduct being investigated.

Renewal disclosure items

Renewal applications require disclosure of specified events, such as certain arrests, judgments, or disciplinary actions in other jurisdictions, with explanation.