MT Dental Hygiene Jurisprudence flashcards

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

Montana Dental Practice Act citation

The Act is codified in Title 37, Chapter 4 of the Montana Code Annotated. Administrative rules implementing licensure, supervision, and practice standards appear in ARM Title 24, Chapter 138.

Practice of dentistry definition

Includes diagnosis, treatment planning, surgery, prescribing, and holding oneself out as able to perform those acts. Only licensed dentists may perform these functions under the Act.

Board of Dentistry authority

The Board licenses dentists, dental hygienists, and dental assistants; adopts rules; investigates complaints; and imposes discipline. It is administratively attached to the Department of Labor and Industry.

Unlicensed practice consequences

Practicing without a license or beyond a license's scope exposes a person to injunctive relief and civil or criminal penalties. Aiding unlicensed practice is also a violation.

Dental hygiene scope limit

Hygienists may perform defined preventive and therapeutic services under authorized supervision but may not independently diagnose conditions or prescribe medications.

Direct supervision defined

The dentist has authorized the procedure, is physically present in the office, and evaluates the patient before and after treatment. Common for procedures carrying higher risk.

Indirect supervision defined

The dentist has authorized the procedure and is physically present in the office but does not need to evaluate the patient before treatment. The dentist remains available for consultation.

General supervision defined

The dentist has authorized the procedure but is not required to be physically present on site when the service is delivered. Prior authorization and standing protocols govern the service.

Local anesthesia by hygienists

Administration requires specific additional training, certification, and a dentist's authorization under Board rule. Scope and supervision conditions for this function are set by rule.

Referral duty

A hygienist must refer conditions outside hygiene scope to the supervising dentist. Failing to refer a suspicious lesion or condition can be grounds for discipline.

Licensure requirements

Applicants must graduate from an accredited dental hygiene program, pass required clinical and jurisprudence examinations, and submit a Board application with fees.

Jurisprudence examination

A required examination covering Montana law and Board rules. Passing it demonstrates knowledge of the Dental Practice Act and the regulations governing dental hygiene practice.

Continuing education requirement

Licensees must complete CE each renewal cycle in amounts set by Board rule, including specified subject areas. Documentation must be retained because the Board may audit.

Expired license practice

Practicing on an expired license is unlicensed practice. Late renewal may require a penalty fee, and the licensee must satisfy renewal requirements before resuming practice.

Standard precautions

Infection control practices applied to all patients regardless of known infectious status. Blood and saliva are treated as potentially infectious in every clinical encounter.

Hand hygiene timing

Perform hand hygiene before and after patient contact, after glove removal, and after contact with contaminated items or surfaces. This is a core element of standard precautions.

Sterilization monitoring

Cleaning and sterilization of critical and semicritical instruments between patients must be verified using biological and chemical indicators as required by office protocol and rule.

Exposure incident response

A needlestick or splash requires immediate first aid, reporting to the employer, and post-exposure evaluation under the office exposure control plan, consistent with OSHA requirements.

Record content requirements

Records must be legible, accurate, and contemporaneous, documenting history, diagnosis, treatment, and informed consent. Incomplete or altered records can support disciplinary action.

Patient access to records

Records belong to the practice, but patients have a right of access under Board rule and state law. Release follows required procedures and confidentiality protections.

Informed consent elements

Disclosure of diagnosis, proposed treatment, alternatives, and material risks, followed by the patient's voluntary agreement. Consent for minors generally requires a parent or guardian.

Record correction method

Corrections are made by dated addendum, not by altering or deleting prior entries. Falsification or improper alteration of records is unprofessional conduct.

Confidentiality exceptions

Patient information may be disclosed with authorization or under legal exceptions such as a court order or mandatory reporting. Unauthorized disclosure is unprofessional conduct.

Unprofessional conduct examples

Includes fraud, misrepresentation, practicing beyond scope, impairment, patient abandonment, failure to refer, confidentiality breaches, and aiding unlicensed practice.

Impairment and reporting

Practice while impaired by drugs or alcohol is prohibited. Licensees must report suspected impairment or misconduct of colleagues as required by the Act and Board rules.

Fee splitting prohibition

Paying or receiving compensation for patient referrals, kickbacks, and false billing are prohibited. Advertising must not be false or misleading.

Duty to cooperate

Licensees must respond to Board inquiries and cooperate with investigations. Failure to respond or cooperate is itself a violation supporting discipline.

Complaint filing

A complaint may be filed by a patient, another licensee, or the Board itself. The Board screens complaints and may dismiss or investigate them.

Board sanctions

Available sanctions include reprimand, probation, suspension, revocation, conditions on practice, civil penalties, and costs. Orders may be publicly disclosed.

Interim suspension

The Board may summarily suspend or restrict a license where there is an immediate threat to public health and safety, subject to later hearing rights.

Hearing and appeal rights

Licensees receive notice and an opportunity to be heard in a contested case under the Montana Administrative Procedure Act. Final orders may be appealed to district court.

Remediation conditions

The Board may require additional continuing education, retraining, or practice monitoring as a condition of continued or reinstated licensure following discipline.