A Dentist’s Guide to the Law. American Dental Association

I Use an Informed Consent Form?

       204. What If the Patient Refuses to Consent?

       205. Can I Proceed With Treatment Even If the Patient Will Not Consent to Recommended Diagnostic Procedures?

       206. Can I Provide Care That the Patient Wants But I Do Not Think Is Indicated?

       207. Did I Commit Malpractice? What is the Standard of Care?

       208. I’m a Volunteer Dentist, Donating Dental Services. Do the Same Rules Apply?

       Chapter 28: Referrals

       209. Are There Legal Issues to Consider When I Make a Referral?

       210. How Does the Law Regulating Self-Referral (Stark Law) Affect My Dental Practice?

       211. When Might the Stark Law Apply?

       212. How Could the Federal Anti-Kickback Statute Affect My Practice?

       Chapter 29: Thorny Patient Treatment Issues

       213. Do I Have to Hire Sign Language Interpreters for Hearing Impaired Patients?

       214. Who Pays for the Interpreter? I’d Lose Money If I Have to Pay.

       215. Must I Provide Foreign Language Interpreters?

       216. Do I Have to Allow Service Animals (Such as Seeing Eye Dogs) in the Operatory?

       217. Do I Have to Allow Motorized Wheelchairs in My Dental Practice? What About Segways?

       218. Are There Laws Prohibiting Discrimination Against Patients Who Are Part of a Protected Class?

       219. Must I Treat Patients With HIV, HCV, or Other Infectious Diseases?

       220. Can I Ask a Patient If He or She Has Any Infectious Diseases — HIV in Particular?

       221. What Are the Rules About Managing an Obese Patient?

       222. How Do I Handle a Drug-Seeking Patient — One I Suspect May Be Calling Around for Prescriptions?

       223. How Can I Learn More About My Responsibilities in Regard to Infection Control?

       224. Is It True That I Can Apologize to a Patient for an Unexpected Outcome and That My Apology Can’t Be Used Against Me in Court If the Patient Sues?

       225. What Should I Do If a Patient Leaves My Practice in the Middle of Treatment Against My Advice?

       226. What Are My Obligations Concerning a Colleague Who I Believe to Be Impaired or to Lack Essential Clinical Skills?

       Chapter 30: Terminating the Relationship

       227. I’m Closing My Practice. What Must I Tell My Patients? How and When Do I Tell Them?

       228. How Do I Handle a Threatening or Abusive Patient? How Do I Dismiss an Unruly Patient From My Practice?

       Appendices

       1. Checklist of Questions to Ask When Forming a Group Practice

       2. Buy-Sell Agreements (Background)

       3. Sample Employee Associateship Agreement

       4. Sample Independent Contractor Associateship Agreement

       5. New Employee Checklist

       6. Termination Checklist

       7. Sample Website Development Agreement

       8. HIPAA Business Associate Checklist

       9. Selecting an EHR Program for Your Dental Practice

       10. Service Animals in the Dental Office

       11. Sample HIPAA Business Associate Agreement

       12. What Did the U.S. Supreme Court Decide in North Carolina State Board v. FTC (2015)?

       Index

       Introduction

       Chapter 1: How to Use This Book

       Chapter 2: Know the Law

       Chapter 3: Lawsuits

       Chapter 4: The ADA Legal Division

      Chapter 1.

      How to Use This Book

      A wide array of legal issues confronts dentists and their dental teams during the course of their day-to-day practices. Sometimes these issues involve particularly thorny questions about practice management or patient care. This book is here to help. It provides basic legal information on questions that oral health care practitioners have about their practices.

      No book could possibly cover every dental legal issue. The topics covered here are those that dentists have frequently asked us over the years.

       It’s important