RDA Law and Ethics Exam – Flashcards
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conditional duties of an RDA
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a- remove excess cement with an ultrasonic scaler from supragivgival surfaces of teeth undergoing ortho treatment b- allowable duties of an ortho assistant permitholder c- allowable duties of a dental sedation assistant permitholder d- application of pit and fissure sealants
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when can an RDA perform conditional duties?
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only when they have completed a board-approved educational program or when they can provide evidence on completing a board-approved course in the specific subject
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what evidence does an RDA need to provide to accompany their first license renewal (regarding conditional duties)?
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evidence of completion of a board-approved pit and fissure sealants course; if not, license will be suspended
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what duties may a DA/RDA/RDAEF perform while working for/at a primary care clinic or specialty clinic?
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any extraoral duty, coronal polish, topical fluoride application, pit and fissure sealants (if course completed) when under Direct Supervision of RDH/RDHAP
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dental auxillary
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a person who may perform dental supportive procedures under specified supervision of a licensed DDS
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dental assistant
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unlicensed person who may perform basic supportive procedures under the supervision of a DDS
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registered dental assistant
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a licensed person who may perform all authorized procedures in addition to all basic supportive procedures a DA may perform
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direct supervision
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supervision of dental procedures based of DDS instruction and the DDS being physically present in treatment facility during the specified procedure
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general supervision
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supervision of dental procedures based on DDS instruction but where DDS must not be physically present during time of specified procedure
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basic supportive dental procedures
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dental procedures categorized by their technically elementary characteristics, complete reversibility and inability to create potentially hazardous conditions for the PT
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continuing education
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a condition of license renewal, the submission if evidence of an RDA/RDH/DDS continuing to stay educated on new and improving developments in the practice of dentistry, as well as reviewing infection control procedures, dental law, and BLS
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how much of an RDAs contiuing education can the Board dictate?
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7.5 hrs in the general areas of PT care, health and safety, and law and ethics (for DDS, 15 hrs)
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how many hours of continuing education does an RDA need to complete for each renewal?
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25 hours, with 2hrs Infection Control, 2 hrs Dental Practice Act, a BLS course (no more that 4 hours)
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standard precautions
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a group of infection control and prevention practices that apply to all PTs equally, including the use of PPE, safe handling of sharps
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critical vs. semi-critical vs. non-critical items
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critical - penetrates bone and soft tissue, highest potential for disease transmission semi-critical - touches oral mucosa or non-intact skin but not penetrating soft tissue or bone non-critical - items used in PT care but not oral mucosa membranes, much lower risk of transmission
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levels of disinfection
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low - kills some bacteria, microorganisms, viruses but not Tb or spores intermediate - kills Tb, but not necessarily spores high - kills Tb and some spores, but not guaranteed to kill all spores
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germicide
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chemical agent used to disinfect items/surfaces based on level of contamination
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sterilization
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validated process of rendering ALL viable forms of microorganisms inactive (kills all spores)
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PPE
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specialized clothing or equipment used to protect against a hazard (general work attire NOT included)
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OPIM
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other potentially infectious materials (bodily fluids form humans, testing animals, and fluid/tissue/organ potentially infected with a BBP)
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DHCP
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dental healthcare professional - all paid or non-paid personnel in dental healthcare setting who my be occupationally exposed to infectious materials
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regulations regarding Infection Control Procedures
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a- standard precautions practiced with all PTs b- written protocol shall be developed and made available to all employees regarding instrument processing, operatory cleanliness, and management of injuries c- a copy shall be posted in a visible spot in office d- PPE worn during all procedures involving hazardous chemicals or handling contaminated items
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Hand washing
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a- with soap and water and start and end of day and when visibly soiled between PTs b- when not visibly soiled, an alcohol-based hand rub may be used c-hands must be thoroughly dried before putting on gloves d- DHCP with open/weeping wounds on hands will refrain from PT care, even with gloves, until it is resolved e-gloves are single use, not to be washed before or after use, discarded only
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Needles/Sharps Safety
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a- recapped only using scoop-technique or needle recapping device b- do not bend disposable needles/scalpelsblades for disposal c- Sharps container will be kept as close as possible to point of use
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Sterilization/Disinfection
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a- all germicides must be used how and for the reason they were intended b-cleaning must precede all disinfection/sterilization c- critical and semi-critical instruments will be disinfected and sterilized,then wrapped until used , stored in a manner that will not allow contamination d- non-critical instruments must be cleaned with a low-level disinfectant, unless visibly contaminated with blood or OPIM c- single use items will be disposed of, never reused d- all handpieces and dental unit attachments will be packaged, labeled and heat sterilized
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Barriers
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if something cannot be adequately cleaned, it must be covered with a barrier; if barriered, the surface below can be considered clean and uncontaminated
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Flushing Water Lines
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all lines will be flushed with air or water for 2 mins at start and end of each day, and for at least 20 secs between PTs
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Lab Areas
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sterilization applies in the lab as well: new rag-wheels, pumice, etc should be used for each PT, and all intraoral items coming out of the lab should be rinsed before being placed in the PTs mouth
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How soon must a DDS inform the Board of practice address changes?
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within 1 month - if not, license is suspended until changes have been made and fee paid
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For how long may an expired license be renewed?
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within 5 years of expiration date - must submit renewal form, pay all accrued renewal fees and delinquency fees
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When will delinquency fees for late license renewal apply?
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30 days after license expiration date
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What does "course of study" include (regarding CE courses)?
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area of study pertaining to medical or dental health, preventive dental services, diagnosis, treatment planning, clinical procedures, basic health science, dental practice management, or Dental Practice Act, PT management
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What are the mandatory courses for RDA license renewal?
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(Board approved) -Infection Control (at minimum, info on Section 1005 and regs. in dental environment) (2 units) -CA Dental Practice Act (2 units) -Basic Life Support (American Heart Assoc, American Red Cross, or course taught by provider approved by ADA) (4 units max)
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What does a course in Dental Practice Act cover?
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-acts in violation of DPA -utilization and scope of practice for auxiliaries and DDS -laws about prescribing of meds -citations, fines, revocation and suspension of a license -license renewal -obligations of mandatory reporting and clinical signs of abuse
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What will a BLS course include?
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-adult and pediatric CPR, including 2-person scenarios -foreign-body airway obstruction -relief of choking for adult/child/infant -use of automated defibrillator with CPR -a live, in-person skills practice session, test and written exam
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CE courses of actual delivery of dental services may include what?
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-preventive services, diagnostic protocols, Tx planning -charting of oral conditions -record-keeping and informed consent protocols -nutrition and nutrition counseling of PT -esthetic, restorative and corrective dentistry -role of dentistry in community -legal ramifications of HIPPA, and of actual dental practice -admin of general anesthesia, conscious sedation, oral sedation, general medical emergencies -PPE, sterilization techniques -substance abuse as it relates to medical/dental care -PT management (behavioral science and guidance) -selection, incorporation and use of emerging technologies -legal/ethical aspects of insurance industry -cultural competencies (bilingual dental terminology, cross-culture communication, etc)
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What % of CE courses may be related to Practice Management?
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20%, as these are considered to primarily benefit the licensee, not the PT
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Are courses that benefit the licensee directly allowed for CE credit?
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No - courses such as money management, general physical fitness, those political in nature, etc. are not considered beneficial to work, only the individual and cannot be used for CE
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Does completion of a CE course authorize the attendee to use what they have learned in practice?
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NO! unless covered under scope of practice, or class results in a permit
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What must registered providers of CE courses maintain and present in order for the course to be valid?
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-Speaker's CV -course content outline -edu objectives and outcomes -teaching methods utilized -attendee records and rosters -record of registration #s and units issued for each course Board may audit at any time, and if this is not available the registered provider status may be revoked/suspended
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How long must one retain provider records?
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minimum of 3 renewal periods
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What should you get at the end of a CE course
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written certification of course completion, which includes: -licensee's name and license #, provider name, 11-dgit course reg. #, date attended, # of units earned, place for signature of verification of attendance
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How often are CE credits collected?
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Every 2 years (2 year renewal period)
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How many CE credits do dental professionals need?
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DDS = 50 units RDHAP = 35 units RDH/RDA/Sedation Asst/RDHEF/RDAEF/Ortho Asst = 25 units
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DDS w/ sedation permit requirements:
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-general anesthesia: 1 advanced cardiac life support course approved by AHA -conscious sedation: min. of 15 units related to administration of conscious sedation, medical emergencies -oral conscious sedation: min. of 7 units related to admin. and medical emergencies
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Reasons for License Revocation or Suspension
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-unprofessional conduct -incompetence -gross negligence -repeated acts of negligence in the profession -license issued by mistake - convicted of crime substantially related to qulifications, functions or duties of RDA (only with certified record of conviction)
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Who revokes/suspends license
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Dental Board
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What is the statute of limitations for the Board to begin proceedings for license suspension/revocation?
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w/in 3 years of the Board discovering act or omission, or w/in 7 years of the act or omission actually occurring - whichever occurs first
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If placed on probation by the Board, what must the licensee do to get reinstated?
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- additional training -pass an exam -submit to a complete diagnostic exam by 1 or more physicians appointed by board (if medical or mental state is in question) -restrict/limit scope of practice -pay restitution of fees to Board or patients , or provide option of alternative community service -Pay ANY/ALL fees assigned by the Board prior to reinstatement (not limited to these)
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Does a license suspension get noted on your record?
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YES - any/all actions that result in suspension or revocation are noted, as well as reinstatment date
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What constutes "unprofessional conduct"?
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- getting $ for fraud/misrepresentation -employment of any unlicensed/student DA or DDS to practice dentistry -aiding any unlicensed person to practice -committing any acts of abuse, misconduct, relations with a PT that are related to the practice of dentistry -use of false or assumed name when practicing or advertising -obtain or possess any contolled substance (unless licensed to do so) -using any contolled substance or alcoholic beverage to the extent that it would impair one's ability to practice -having any convictions relating to controlled substances
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Record-keeping
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must sign with name as listed on license, or with initials and an identifying number, and date next to the record of the service performed
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How soon must an office comply with a request for dental records from the Board?
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- w/in 15 days, or must pay a penalty of $250 per day for each late day, max. of $5K -a health care institution (hospital, etc.) has 30 days PT's express written authorization must be included
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What is the penalty for not complying with a subpena to provide PT records to the Board?
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- $1000 per day, unless it is deemed that the request is unlawful -not to exceed $5000, and the fees will be tacked onto the renewal fees at next renewal period -limit for a healthcare facility is $10K, plus a report to State Dept of Health Services for disciplinary action
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Can a DDS perform services on anyone?
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only on Patients of Record -this does not include any initial diagnostic procedures
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What duties can a DDS ask an auxillary to perform before they see the PT?
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-take x-rays -any extra-oral duties -mouth-mirror inspection of oral cavity
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Patient of Record
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any person has been examined, has a medical and dental health history on file, and has had oral conditions diagnosed and a written treatment plan developed by the DDS (does NOT include exams at health fairs, schools, or other community events, not the application of fluoride at such events)
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Mandated Reporting
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mus report when has knowledge of or observes child abuse, sexual abuse, elder abuse,
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How much time do you have to report an incident of abuse?
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36 hours from time of observation, or risk $1000 fine or up to 6 months jail time
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What about regarding photos/film of sexual nature?
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If the child depicted in under 16 years of age and depicted in any kind of sexual manner, this must be reported
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Do you need to report evidence of abuse to your employer?
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NO - the law only requires that you report to the correct agency; must not discuss with employer, colleges, or the caregiver or parent - mandated reporters are protected by law from being sued as long as the claim was made in good faith
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Can licensee's under current investigation request placement in diversion programs?
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Yes, but this does not mean that any investigation or disciplinary action would halt - unless it is a controlled substances offense: in that case, all disciplinary action is stopped and sealed as long as the program is successfully completed
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6 ethical principles
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autonomy non-maleficence beneficence, justice veracity confidentiality
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PT autonomy
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"self-governance" -PT has a right to actively participate in their treatment, and make their own decisions regarding treatment -PT have a right to have all records kept confidential unless they give written consent
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What practices does the principle of autonomy lay the groundwork for?
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-informed consent -confidentiality upholding veracity (truth)
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Is patient autonomy absolute?
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No - a PT's right to self-determnation does not mean that the DDS must perform whatever the PT says; DDS must still uphold all laws and ethics, and has the right to refuse service if PT is asking for something he does not feel he can morally/ethically do, or should refer to a specialist
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Informed Consent
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full explanation of treatment, rba's, alternatives, -this also includes when documenting abise: if DDS wants photos, impressions or x-rays to help document, he must explain to the PT what they will be used for
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Obligation to Inform
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DDS has an obligation to tell PT their exact oral health status, so that the best and most informed course of action can be decided upon
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RDAs and PT Autonomy
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- respect PT's right to decide own Tx -respect legal, personal rights, human dignity, privacy of all PTs -maintain professional boundaries -maintain confidentiality -DOCUMENT ALL CONVERSATIONS to have record that PT was informed and made whatever decision after knowing all options/recommendations
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Non-maleficence
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"do no harm" -DDS has duty to keep from hurting a PT -DDS primary obligation is to keep skills and knowledge current, know one's limitations, know when to delegation to an auxilary
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What practices does the principle of non-maleficence lay the groundwork for?
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-CE courses -referring cases to a specialist -unethical to practice when under the influence of a controlled substance, alcohol, or in an impaired mental or physical state
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Non-maleficence and BBPs
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-if a DDS gets a BBP he has an ethical duty to inform any PT or staff memberwho may have been exposed, and refer them to a qualified healthcare provider who may provide post exposure services -DDS should encourage the source individual to cooperate in an eval, or to expose their status, but may NOT tell anyone himself
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RDAs and Non-maleficence
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-act in best interest of PT -put PT health/safety first, as well as self and colleges -undertake assignments only when qualified to do so - use PPE,other protective procedures -CE courses -refuse to conceal any incompetent acts of others
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Beneficence
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"do good" -duty to promote PT welfare, act to benefit of others - DDS owes PT competent and timely dental care, w/in the bounds of the clinical circumstances presented by the PT
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What practices does the principle of beneficence lay the groundwork for?
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- very connected to PT autonomy, veracity and justice - mandated reporting of suspected abuse - referring cases to specialists when DDS's own skills do not allow them to provide to the standard of care
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What are the conflicts surrounding Mandated Reporting?
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DHCP have ethical/legal obligation to report suspected abuse, but adults have the right to confidentiality and self-determination. VERY IMPORTANT to know the law in your area of practice, to know at what point you must bypass PT rights and make a report, or vice versa
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Health Education to the Community
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-DCHP may participate, as long as they uphold the dignity of the profession (Advertising for your own practice at these functions is NOT looked upon favorably) -when making public statements, DDS must have a reasonable basis for believing what they say is true and promotes the profession
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Justice
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"fairness" -duty to treat people fairly -primarily deals with delivering dental care without prejudice
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How does the principle of justice affect dental practice?
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-may not refuse PTs based on race/color/gender/etc -may not treat PTs with illness, BBPs any differently OR refuse to treat them (standard precautions for all); may only refer them when a specialist's skills are necessary or if they think the PTs health will be compromised by tx
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Justice and "2nd Opinions"
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PTs are dependent on their DDS for true, complete info about their oral health status, so DHCP have obligation to be truthful, well-informed and reliable -when giving a 2nd opinion, be VERY careful not to openly disagree with the other DDS, just present your own opinion and course of tx you would take -do not want to imply that the PT was mistreated by anther DDS
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Ethics vs. Law
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nothing can be ethical but illegal, however some things are legal but unethical - DHCP are held to the standard of legality and ethical tx
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RDAs and Justice
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-behave in a manner free from bias or judgement -behave ethically, and without conflict of interest -report unethical acts of others
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Veracity
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"truthfulness" - duty to communicate truthfully, to be honest and trustworthy
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What practices does the principle of veracity lay the groundwork for?
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- truthful representation of care being performed -truthful representation of fees - for PT and insurance companies -the basis for open doctor-patient relationships
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Waiver of Co-payment, overbilling, fee differential
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- illegal to charge an ins. co. for services rendered and then waive the co-payment portion for the PT - unethical to increase a fee based on the type of ins. a PT has - the fee that you would charge a PT without dental benefits is the fee that must be charged for all PTs -may not change dates of treatment on ins. claims to maximize PT benefits -may not incorrectly describe the tx performed on an ins. form to receive payment for otherwise uncovered services -unethical to recommend unnecessary services in order to maximize benefits
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Unearned or non-health degrees
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DDS or DHCP may list their academic degrees after their name, but may not list any non-health related, or non-academic degrees: this contributes to confusion on part of PTs, who may attribute certain skills to you that you do not have, and is a misrepresentation
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RDAs and Veracity
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-conduct oneself with honesty and integrity -provide PTs with truthful assessments of problems and potential tx, including RBAs
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Compassion
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caring and the ability to identify with the PT's over-all well-being
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Competence
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-ability to diagnose and treat the PT's oral health care issues, or to refer when it is in the PT's best interest -a commitment to life-long learning (CE courses)
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Integrity
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- behave with honor and decency
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What practices does the principle of integrity lay the groundwork for?
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-PT confidentiality - not making false statements in any documents filed with ADA, CDA -no false advertising - not issuing public statements that would change the public's view of the profession, or that may be questionable in fact -not misrepresenting oneself by listing non-academic or non-health degrees after one's name, and may also not list licenses or certificates not to involve oneself in situations where a conflict of interest may arise
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Professionalism
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-should actively support and promote the profession and its services to the public
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RDAs and professionalism
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-obtain/maintain knowledge of laws, rules, regulations that govern dental assisting -comply with CA Dental Practice Act -reprot illegal acts of others, or violations of DPA
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Tolerance
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addresses the continually changing cultural mix in CA/USA -must treat all PTs fairly and equally, but also take into account the differences in culture and what that means with regard to differences in dental care