MT Dental 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, with Board rules in Title 24, Chapter 11 of the Administrative Rules of Montana.

Board of Dentistry authority

The Board adopts rules defining scope and standards, approves training programs, and recommends discipline; the Department of Labor and Industry issues and renews licenses.

Practice of dentistry definition

Diagnosing and treating conditions of the oral cavity, performing surgery, prescribing, and furnishing appliances, all reserved to persons holding a Montana dental license.

Non-dentist ownership restriction

Only a licensed dentist may own a dental practice or control clinical decisions; a lay owner may not direct patient care or employ licensed clinicians to render it.

Annual license renewal

Dentist and dental hygienist licenses renew on the Department's annual cycle with a fee and required continuing education; practice after expiration is unlicensed practice.

Continuing education requirement

Licensees must complete Board-specified continuing education hours each renewal cycle, including any mandated infection control and ethics hours, and retain documentation of completion.

License reinstatement after lapse

A lapsed license is restored by application, fee payment, and proof of continuing education; practicing before restoration exposes the licensee to unlicensed practice penalties.

Direct supervision defined

The dentist is physically present on the premises, has examined the patient, and is immediately available to intervene during the delegated procedure.

Indirect supervision defined

The dentist has authorized the procedure in advance and is reachable by phone or in person but is not required to be on the premises during performance.

General supervision defined

The dentist authorizes the procedure but need not be present or immediately available while the auxiliary performs the authorized service.

Hygienist local anesthesia authority

A dental hygienist may administer local anesthesia or nitrous oxide only after completing Board-approved training and holding the corresponding authorization.

Nondelegable dental acts

Diagnosis, treatment planning, prescribing, and irreversible procedures may not be delegated to hygienists or assistants; they remain the dentist's exclusive responsibility.

Standard of care meaning

The skill and care a reasonably prudent dentist of similar training would exercise under like circumstances, as applied to diagnosis, treatment, and follow-up.

Informed consent elements

Disclosure of diagnosis, proposed treatment, material risks, alternatives including no treatment, and likely consequences, followed by voluntary patient agreement documented in the record.

Record retention and release

Dental records must be legible, dated, authenticated, and retained for the period set by Board rule; copies are released on the patient's written authorization.

Record alteration prohibition

Changing or destroying a record to conceal care is unprofessional conduct; corrections must be made by a dated, signed addendum that preserves the original entry.

Sterilization monitoring requirement

Critical and semicritical instruments are autoclaved, and the office monitors sterilizers with biological indicators at the interval its written infection control protocol specifies.

Exposure control plan

A written plan identifying at-risk staff, offering hepatitis B vaccination, specifying protective equipment, and documenting post-exposure evaluation and follow-up.

Sharps handling rule

Needles and blades are single-use, placed directly in sharps containers without hand recapping unless a safe recapping device is used, and never left on clinical surfaces.

DEA registration requirement

A dentist must hold a current DEA registration and Montana controlled substances registration to prescribe controlled substances for legitimate dental purposes.

Prescription drug monitoring program

Montana's PDMP collects dispensing data; prescribers should query it before prescribing opioids or benzodiazepines and document the review in the patient record.

Schedule II prescription limits

Schedule II prescriptions may not be refilled and are subject to federal and Montana quantity and time limits; prescriber signature and full patient information are required.

Prescribing without dental indication

Prescribing outside the scope of dental practice, to self or family without a documented indication, or without a dentist-patient relationship is unprofessional conduct.

Mandatory reporting of impaired licensee

A licensee must report another licensee whose impairment or conduct creates a reasonable suspicion of serious harm to patients, with immunity for good-faith reports.

Disciplinary sanctions available

The Board may reprimand, fine, impose probation with conditions, suspend, or revoke a license, and may require remedial education or practice monitoring.

Summary suspension standard

The Department may suspend a license immediately where public health, safety, or welfare requires it, subject to a prompt post-suspension hearing under the Administrative Procedure Act.

Abuse reporting obligation

Licensees must report known or suspected child abuse, elder abuse, and neglect under Montana reporting statutes; good-faith reports carry statutory immunity.

HIPAA treatment, payment, operations

Protected health information may be used or disclosed without authorization for treatment, payment, and health care operations, subject to the minimum necessary standard.

Stricter law governs disclosure

Where Montana confidentiality law and HIPAA differ, the practice follows the stricter requirement unless a specific statute or regulation provides otherwise.

Notice of privacy practices

The office must give patients a written notice describing permitted uses and disclosures and the patient's rights, and must train staff on record safeguards.

False or misleading advertising

Advertising may not be deceptive or imply superior quality without factual basis; specialty claims require Board-recognized specialty certification and testimonials require patient consent.

Fee splitting prohibition

A dentist may not divide clinical fees with a referral source or pay for patient referrals; payment must correspond to actual services rendered, not to the referral itself.