AZ Jurisprudence – Flashcards
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What is a dental hygienist, according to Statutes?
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Any person licensed and engaged in the general practice of dental hygiene and all related or associated duties including educational, clinical and therapeutic dental hygiene procedures.
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How is "Disciplinary action" defined in the Statutes?
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Regulatory sanctions that are imposed by the Board in combination with, or as an alternative to, revocation or suspension of a license, and that may include:
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What are some examples of disciplinary actions that the Board can impose?
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i. Administrative penalty in an amount not to exceed two thousand dollars for each violation ii. Restrictions on the scope of practice. iii. Imposition of peer review and professional education requirements. iv. Censure or probation requirements to protect the public welfare, possible restitution to pt.
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3. Is a "Letter of Concern" considered a disciplinary action?
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Does not warrant disciplinary action. A letter of concern is a public document and may be used in a future disciplinary action.
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True or False- A "recognized dental hygiene school" must be accredited by the American Dental Associations Commission on Dental Accreditation?
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True
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Who are "supervised personnel"?
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All dental hygienists, dental assistants, dental laboratory technicians, denturists, dental x-ray laboratory technicians and other persons supervised by licensed dentists.
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Yes or No - Sharing client information unrelated to treatment with a colleague in another office
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Yes - unprofessional conduct according to Statutes
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Yes or No - Coming to work intoxicated
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Yes - unprofessional conduct according to Statutes
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Yes or No Frequent billing irregularities
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Yes - unprofessional conduct according to Statutes
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Yes or No Telling a client that you can permanently cure his periodontal disease
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Yes - unprofessional conduct according to Statutes
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Yes or No Treating your client in an unsafe environment
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Yes - unprofessional conduct according to Statutes
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Yes or No Filing an insurance claim for services not rendered
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Yes - unprofessional conduct according to Statutes
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Yes or No Allowing a dental assistant to provide a simple prophylaxis for a child
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Yes - unprofessional conduct according to Statutes
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Yes or No Failing to inform a patient of the type of restorative material to be used and the reasons for using that particular material
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Yes - unprofessional conduct according to Statutes
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Yes or No Allowing a dental assistant to administer nitrous oxide
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Yes - unprofessional conduct according to Statutes
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Who comprises the membership of the Arizona State Board of Dental Examiners?
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The state dental board is established consisting of 6 licensed dentists, 2 licensed dental hygienists and 3 public members appointed by the governor for a term of four years,
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Are board members elected or appointed? By whom?
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Appointed by the governor.
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How long is a Board members term of service? When does it begin and end?
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Term is 4 years long to begins and ends on January 1.
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True or False -A Board member can serve no more than 8 consecutive years on the Board.
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True
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True or False - The Board does not have the authority to suspend or revoke the registration of a business entity if the entity has been found guilty of violating a Board statute or rule.
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False
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True or False - The Board must employ an Executive Director.
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False - may employ
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True or False- The President of the Board must be a dentist.
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False
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True or False - Board members are entitled to compensation for all expenses incurred while performing their duties.
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True
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True or False - The Board may spend all the money it collects.
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False
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True or False - A dentist who is in the Air Force and practicing at Luke Air Force Base in Litchfield Park, AZ must have an AZ dental license to do so.
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False
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True or False- According to Statutes, a dentist must have an AZ dental license in order to supervise in our dental hygiene clinic.
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False
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What are the most significant powers and duties of the Board? Please summarize.
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Adopt rules, seal, keep record of proceedings and reports, establish uniform and standard of minimum educational requirements, issue licenses, letters of concern, collect and disburse monies.
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What are the duties that a person licensed as a dental consultant may and may not perform?
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Can assist the Board in the performance of its duties and employ persons to provide investigative, professional and clerical assistance as it deems necessary. Cannot perform direct patient care.
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If a person's dental, dental hygiene or denturist license has been revoked, when, and under what conditions, may they reapply for licensure?
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- Applicant demonstrates to the Board's satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the suspension, revocation or surrender.
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If a licensee fails to pay the designated license renewal fees on time, what happens to his or her license
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A person who fails to pay a fee prescribed by this section forfeits the license. A license may be reinstated in the 3 fiscal years following forfeited by submitting a written application with payment of the fee plus a penalty payment. If they fail to do so the Board shall require that person to successfully complete the regular examination before the Board reinstates the license.
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What two conditions must be met in order for a business entity to offer dental services?
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1. The entity is registered with the Board pursuant to this section. 2. The services are conducted by a licensee pursuant to this chapter.
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A dental licensee must notify the Board of a change of office address within how many days?
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10 days.
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Failure of a dental hygienist to notify the Board in writing within 30 days of a change of address listed with the Board will result in?
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$100
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T/F A dentist who provides dental services at St. Vincent de Paul dental clinic could do so under a restricted permit?
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True
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T/F If a licensee moves out of state or is no longer practicing, they may discontinue paying the license renewal fees and have their license declared "inactive"?
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False
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T/F Only a dentist or dental hygienist can own a dental practice?
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False
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T/F A dentist is required to display his/her license or current receipt in a readily observable area?
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True
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T/F The Board may suspend or revoke a license if the licensee fails to comply with a final Board order?
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True
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T/F The Board has no authority to publicly display a notice that someone's license has been revoked or suspended?
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False
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What are the grounds for disciplinary action?
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1. Unprofessional conduct, (as defined in § 32-1201) 2. Conviction of a felony or of a misdemeanor involving moral turpitude, in which case the record of conviction or a certified copy is conclusive evidence. 3.Physical or mental incompetence to practice pursuant to this chapter. 4.Unethical Conduct. Committing or aiding, directly or indirectly, a violation of or noncompliance with any provision of this chapter or of any rules adopted by the Board pursuant to this chapter. 5. Dental incompetence, as defined in § 32-1201
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What is the maximum administrative penalty that can be imposed for a disciplinary action against a dentist?
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$2000 for each violation or revoke license
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What is the criminal charge for practicing dentistry without a license?
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class 6 felony
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Who may file a complaint against a licensee?
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Anyone can file a complaint against a licensed dentist, dental hygienist or denturist and there is no statute of limitations on filing a complaint. In addition, the Board may open investigations against licensees.
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T/F- It is a class 2 misdemeanor to employ a person to practice dentistry who does not hold a valid dental license.
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False (Class 6 felony)
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T/F - The Board appointed investigator can take as long as he/she needs to investigate a complaint.
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False (20 days for interview after notification and 90 days for board reccomentations)
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T/F- The Board has the right to promulgate rules regarding the regulation and practice of dentists, dental hygienists and denturists.
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True
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T/F- As a dental hygienist you do not have to record your treatment in the clients chart. However, the dentist is liable if you don't.
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False
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T/F- Complaints against licensees that involve drug or alcohol impairment may remain anonymous at the request of the complainant.
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True
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T/F- If a client requests copies of his/her dental records but refuses to pay for them, the copies still must be provided.
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True
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Who acts as legal counsel for the Board?
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The Attorney General shall act for the Board in all matters requiring legal assistance, but the Board may employ other or additional counsel in its own behalf
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According to Statutes, what must be included in a client's treatment record?
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All treatment notes including current health history and clinical examinations. Prescription and dispensing information including all drugs, medicaments and dental materials used for patient care. Diagnosis and treatment planning. Dental and periodontal charting. Specialist charting must include areas of requested care and notation of visual oral examination describing any areas of potential pathology or radiographic irregularities. All radiographs.
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What level of supervision is required for most dental hygiene procedures?
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General
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Which dental hygiene procedures require the direct supervision of a dentist?
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1. Administering local anesthesia. 2. Administering nitrous oxide analgesia. 3. Placing an interrupted suture interdentally to secure soft tissue papillae that may have inadvertently become displaced during root planing or closed curettage procedures performed by the dental hygienist, except that a dental hygienist may not position and suture soft tissue flaps that are reflected for surgical access and treatment. This procedure applies only to a dental hygienist who is permitted to perform periodontal suturing on or before July 31, 2004.
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How is direct supervision defined in the Statutes?
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"Direct supervision" means that the dentist is present in the office while the dental hygienist is treating a patient and is available for consultation regarding procedures that the dentist authorizes and for which the dentist is responsible.
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How is general supervision defined in the Statutes?
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"General supervision" means that the dentist is available for consultation, whether or not the dentist is in the dentist's office, over procedures that the dentist has authorized and for which the dentist remains responsible
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Where may a dental hygienist perform dental hygiene procedures?
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1. On a patient of record of a dentist within that dentist's office. 2. Except as prescribed in § 32-1289, in a health care facility, nursing home, public health agency or institution or public, private or charter school on patients who have been examined by a dentist within the previous year. 3. In a homebound setting on patients who have been examined by a dentist within the previous twelve months.
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A written Affiliated Practice agreement between a dental hygienist and a dentist must include what items?
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1. An identification of the affiliated practice setting in which the dental hygienist may engage in dental hygiene practice pursuant to an affiliated practice relationship. 2. An identification of the procedures and standing orders the dental hygienist must follow. The standing orders must include the circumstances in which a patient may be seen by a dental hygienist. 3. A requirement that the patients who have been assessed by the dental hygienist shall be directed to the affiliated dentist for treatment or planning that is outside of the dental hygienist's scope of practice and that the affiliated dentist shall make any necessary referrals to other dentists. 4. A requirement that a patient be seen by a licensed dentist within twelve months of initial treatment by the dental hygienist. If the patient has not received an examination and a treatment plan by a licensed dentist, the dental hygienist shall not provide further treatment. 5. A requirement that a patient sixty-five years of age or older be seen by a licensed dentist after treatment by the dental hygienist. If the patient has not received an examination and a treatment plan by a licensed dentist, the dental hygienist shall not provide further treatment. 6. A requirement that if a patient presents with a complex medical history or medication regimen, the affiliated practice dental hygienist shall consult with the affiliated dentist prior to any treatment by the affiliated dental hygienist. The patient shall be directed to the affiliated dentist and the affiliated dentist shall make any necessary referrals to other licensed dentists. 7. A requirement that the patient be informed that the dental hygienist providing the care is a licensed dental hygienist and that the care does not take the place of a dental examination and cannot be billed or reimbursed as a dental examination. 8. Pursuant to paragraphs 3, 4 or 5 of this subsection, a requirement that the patient be informed that further dental hygiene services may not be provided unless the patient has been seen by a licensed dentist
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What criteria must be met for a dental hygienist to be eligible to enter into an affiliated practice agreement with a dentist and practice in an affiliated practice setting?
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1. Hold an active license pursuant to this article. 2. Enter into an affiliated practice relationship with a specific dentist who is licensed pursuant to this chapter. 3. Have held a license as a dental hygienist for at least five years and actively engaged in dental hygiene practice for at least two thousand hours in the five years immediately preceding the affiliated practice relationship
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A dental hygienist and the affiliated dentist must notify the board within ? days after the effective date of an affiliated agreement or the amendment or termination of an existing one.
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30 days
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What duties is a dental hygienist restricted from performing when working as an affiliated practice hygienist?
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1. Root Planing. 2. Administering local anesthetics and nitrous oxide. 3. Placing of periodontal sutures as prescribed in subsection F of this section.
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T/F - It is a class 2 misdemeanor to practice dental hygiene in this state without a valid license
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False (class 1 misdeameanor)
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T/F- A dental hygienist is permitted to perform any procedure that a dental assistant is legally allowed to perform.
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True
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T/F- When employed in a nursing home, a dental hygienist may screen clients at anytime but a dentist must have examined the client within the previous 12 months before the hygienist can provide any specific dental hygiene services.
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True
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T/F- A dentist must be present in the office whenever an assistant is exposing radiographs.
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False
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What is the minimum age that an applicant for licensure as a dental hygienist must be?
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18 years of age
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What are the three examinations that a dental hygiene applicant must take in order to be granted a license to practice in Arizona?
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National DH board examination, WREB, AZ Jurisprudence Exam
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Under what conditions may a dental hygienist obtain Arizona state licensure by credential?
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Board may wave examination requirements of this article on receipt of evidence satisfactory to the Board that the applicant has passed the clinical exam of another state or testing agency that is equivalent, or applicant has acquired a certificate or other evidence of successful completion. And the applicant shall pay a licensure by credential fee of $1,000.
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What is the triennial renewal fee for a dental hygiene license?
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$325
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T/F- A dental hygienist is required to display their license in every office they work in.
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False
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T/F A denturist may practice independently in his/her own office.
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False
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T/F- If a problem arises from the performance of a denturist's duties, the licensed dentist supervising that denturist is personally liable.
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True
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T/F- The Board has no authority to monitor the substance abuse treatment and rehabilitation of a licensee.
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False
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If the Board establishes a treatment program for alcohol and drug abuse, how may it be funded?
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Allocate an amount of not more than $20 annually or $60 tri-annualy from each fee it collect from the renewal of active licensees for the operation of the program established by this section.
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What are the responsibilities of a dentist of record? In rules, article 5
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Shall ensure that each patient record has the treatment records for a patient treated, shall obtain a patient's consent to change the treatment plan, before leaving the practice dentist shall ensure new dentist of record is entered on each patient record, responsible for the care given to a patient while the dentist was of record or even after being replaced by another dentist. Shall be responsible for care of patient during treatment, and be available to the pt through an emergency number, answering service, etc.
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T/F - When a dentist of record is replaced by a new dentist of record, the new dentist assumes all responsibility for the care previously rendered.
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False
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T/F- If a dentist refuses to complete treatment already in progress because the patient says that they will not pay for it, it is considered abandonment and could result in disciplinary action against the dentist.
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True
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T/F- The Dental Hygiene Committee advises the Board on matters relating to the regulation of dental hygienists.
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True
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T/F- The Dental Hygiene Committee is comprised of 7 dental hygienists.
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False.
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How many dental hygienists may one dentist supervise at a time?
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3
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What steps must the hygienist take before she/he can legally administer local anesthesia or nitrous oxide-oxygen analgesia in Arizona?
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In rules, Article 6- Hygienist completed courses of 36 hours of instruction in areas of classes in program, and at least 3 experiences administering injections in areas completed in our lab, and shall successfully complete WREB local anesthesia exams
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What are the duties of the Dental Hygiene Committee? Please summarize (in rules, pg 16)
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Advise board regulations of dental hygienists, review anesthesia apps, review doc in compliance with CE requirements, make recommendations to Board concerning statue and rule developments affecting dental hygienists, may serve as WREB examiners, meet at least 2 times per year
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According to the Rules, what is the definition of a prophylaxis?
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Scaling and polishing procedure performed on patients with healthy tissues to remove coronal plaque, calculus and stains
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What is the definition of direct supervision for purposes of Article 7 only?
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Licensed dentist is present in the office and available to provide immediate treatment or care to a patient and observe a dental assistant's work
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Can a dental assistant legally perform the following procedures? If "yes", can they be performed under direct or general supervision?
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In rules Article 7. Dental Assistants
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Yes or No - Can dental asst fabricate and place interim restorations with temporary cement
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Yes-direct
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Yes or No - Can dental asst place or remove a rubber dam
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Yes-direct
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Yes or No - Can dental asst provide oral hygiene instructions
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Yes-general
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Yes or No- Can dental asst apply fluoride
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Yes-direct
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Yes or No - Can dental asst Polish teeth as part of a prophylaxis
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Yes with proper licensing credentials
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Yes or No - Can dental asst remove excess cement from a crown that has just been seated
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Yes-direct
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Yes or No - Can dental asst Activate an orthodontic appliance
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No
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Yes or No Can dental asst Apply sealants
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Yes-direct
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Yes or No - Can dental asst Remove sutures
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Yes-direct
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Yes or No -Can dental asst Expose radiographs
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Yes-general
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How many hours of continuing education are required of renewal of Dentist license?
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72 hours
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How many hours of continuing education are required of renewal of Dental Hygienist license?
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54 hours
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How many hours of continuing education are required of renewal of Denturist license?
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24 hours
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How many hours of continuing education are required of renewal of Dental Assistant license?
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none
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T/F- At least 4 credit hours of continuing education for dental hygienists should be in the area of infectious diseases and infectious disease control.
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True
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T/F- If the licensee accrues more continuing education hours than necessary, the credits may be carried over for the next renewal period.
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False
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T/F- CPR is not required as part of the continuing education requirements
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True ?
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T/F- Restricted permit holders do not have to complete any continuing education requirements.
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False
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T/F- The Board will recognize a certain number of CE credits acquired through self- instruction. If "true", up to how many credits for dental hygienists? dentists? denturists?
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True - A dental hygienist may claim up to 24 CE credits of self-study
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T/F- The board will select a certain number of CE affidavits to audit each year. If audited, the licensee must provide the Board with documentation of attendance in support of the affidavit within 60 days.
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True
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T/F- A complainant, licensee, certificate holder, or business entity against whom a complaint is filed, shall not engage in ex-parte communication.
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True
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T/F- A dentist is required to maintain the purchase and dispensing records of all drugs and devices for a period of 3 years.
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True
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If a dentist determines that there has been a theft or loss of drugs or controlled substances from their office, how soon after must they notify their local law enforcement agency and the Board?
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-immediately
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How long is a dentist required to retain a copy of a dental technician lab work order?
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-at least 2 years from date of issuance
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How long must a lab tech retain an original lab work order?
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-at least 1 year from date of issuance
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In order for a dentist to advertise as a specialist, what criteria must be met?
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-only if the dentist limits the dentist's practice exclusively to one or more specialty area that are: 1. Recognized by a board that certifies specialists for the area of specialty; and 2. Accredited by the Commission on Dental Accreditation of the American Dental Association.
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In order to advertise specific services in a non-specialty area, what phrase must a dentist, dental hygienist or denturist include in the advertisement?
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if the advertisement includes the phrase "Services provided by an Arizona licensed general dentist" (hygienist, certified denturist)
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Under what circumstances may the Board grant an extension of time to complete continuing education requirements?
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-because of military service, dental or religious missionary activity, residence in a foreign country, or other extenuating circumstances as determined by the Board, the Board, upon written request, may grant an extension of time to complete the recognized continuing dental education credit hour requirement.
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What categories of CE course work must be included within each triennial renewal period for dental hygienists?
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An understanding of current developments, skills, procedures or tx related to the licensee's current CPR certificate
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T/F- In order to administer general anesthesia a dentist must possess the proper permit.
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True
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T/F-Before a permit to administer general anesthesia is issued, a site visit must be conducted by the Board at which time the dentist will actually administer anesthesia or sedation to a pt.
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True
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T/F- A dentist is required to submit an incident report to the Board within 10 days if a death or incident directly related to the administration of anesthesia or sedation occurs.
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True
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T/F- Dentists are required to keep all drugs secured in a locked cabinet or room and maintain an ongoing inventory of its contents.
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True
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T/F- A person filing a complaint may not petition for a rehearing or review once the Board has ruled on the matter.
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False
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What members make up an investigative interview committee?
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3 members= 1 DDS, 1 public member, 1 specialist if required.
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What are the 9 dental specialities as recognized by ??
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Pediatrics, Periodontist, Endodontist, Prostidontics, Orthodontics, Oral & Maxiofacial Surgery, Oral & Maxiofacial Pathology, Oral & Maxiofacial Radiology, Dental Public Health
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What are ways which a dental assistant may obtain radiographic certification in AZ?
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An applicant shall have a current certificate or other form of approval for taking radiographs issued br processional agency in another jurisdiction of US that required a successful completion of written and clinical dental radio exams
