Dental offices that are subject to regulation under Section 1557 of the Affordable Care Act, as well as certain instances under the American's with Disabilities Act, may require a practice to look for interpreter or translation services. For example, items such as illustrations or cartoons that address issues such as religion and sexuality could be considered offensive to some, and therefore promote a hostile work environment. For more information about the W3C, visit the W3C website. How often should patients be asked to update their health history forms? Anesth Prog. Epub 2014 Feb 13. Looking for a state's practice act? In basic terms, the Fair Credit Reporting Act (FCRA) is a law designed to make sure all information reported by a consumer report agency (CRA) is fair and accurate. Enter and space open menus and escape closes them as well. Sample contracts, checklists and other helpful supplementary materials are included in the appendices. Existing Regulations: The Dental Board's regulations are under TITLE 16, PROFESSIONAL AND VOCATIONAL REGULATIONS, DIVISION 10, DENTAL BOARD OF CALIFORNIA. General Provisions Relating to Practice of Dentistry For information, inquiries, feedback and comments contact us. Employees whose employment is terminated involuntarily may have rights to some periodic unemployment compensation under state unemployment compensation laws. The patient has a choice of treatment options. Use this book to help you better understand the legal issues you may face, how to avoid certain legal problems and the kinds of questions you should ask your own attorney if a legal problem arises. For more information about the FCRA, visit the Federal Trade Commission website. Are there legal issues in making the transition to a paperless office? practice of each member of the dental team, brought to you through a All rights reserved. If the king's avarice\mathit{\text{avarice}}avarice gets out of control, he might decide to Because we had left for the evening, we knew nothing of what had transpired in our living room, but it appeared that our cats had had a fierce disagreement. According to the U.S. Supreme Court and the Equal Opportunity Commissions Guidelines on Discrimination Based on Sex, employers can be held liable for sexual harassment of employees by non-employees. Clearly communicating to employees that unwelcome harassing conduct will not be tolerated, Establishing an effective complaint or grievance process, Providing anti-harassment training to managers and employees, Taking immediate and appropriate action when an employee complains, Creating an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed, A definition of harassment, with examples (the policys definition of harassment should meet or exceed the legal standard and make it clear that harassment that meets the definition will not be tolerated), The employees responsibility to report incidents of harassment as soon as possible, An effective procedure for reporting, investigating, correcting, and preventing harassment, Protection for the privacy and confidentiality of all allegations and investigations (however, employers should not promise absolute confidentiality), Disciplinary action, up to and including discharge, for violation of the policy, A prohibition against retaliation against an employee for making a bona fide complaint under the policy, Training (and periodic retraining) for all employees, who receive copies of the policy and any updates, An acknowledgement to be signed by each employee stating that the employee received and understands the policy and procedures, Negligent hiring: an employers failure to discover a job applicants incompetence or unfitness by checking references and criminal backgrounds, Negligent retention: an employers failure to take any corrective action with respect to a current employee, such as discharge or retraining, to correct a known problem, Use job application forms that meet federal, state, and local employment laws, Request copies of an applicants professional licenses, certifications, and degrees, Obtain consent from applicants for background checks and to contact former employers and educational institutions, Make notes of former employers who refuse to release information on an applicant, Use the job interview to clarify gaps in the resum or application, Document all inquiries and actions taken during the background and interview process, Dental Medicaid Compliance Resource Guide, Dental Medicaid Compliance Educational Video (YouTube-90 Minutes), Dental Medicaid Compliance Educational Video Handout, A Roadmap for New Physicians: Avoiding Medicare and Medicaid Fraud and Abuse, Employers and Health Information in the Workplace, HIPAA Security Organizational, Policies and Procedures and Documentation Requirements, Basics of Security Risk Analysis and Risk Management, Security Standards: Implementation for the Small Provider. . hb``` ,@(q@W85!s:ZM[=9AAff9 xXFH>h~@ck2S5#^lh1eL} .pR@Y&= m:+ O1D"{2` d@Iy?2 `D`J$$KCHqm= Child Welfare Information Gateway, Advertising FAQs: A Guide for Small Business, Advertising and Marketing on the Internet: Rules of the Road, Complying with the Telemarketing Sales Rule, Business Guide to the FTCs Mail, Internet, or Telephone Order Merchandise Rule, Department of Justice and Federal Trade Commission Statements of Antitrust Enforcement Policy in Health Care, Childrens Online Privacy Protection Act (COPPA), Complying with COPPA: Frequently Asked Questions, Americans with Disabilities Act (U.S. Department of Justice), Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices, Americans with Disabilities Act Primer for Small Business, Drug Addiction in Health Care Professionals, Employment Laws Assistance for Workers and Small Businesses (elaws), Equal Employment Opportunity Commission (U.S.). The Americans with Disabilities Act generally permits the exclusion of individuals who pose a direct threat to others. State and local laws may also give employees and members of the public more rights than the Act. The State Board of Dental Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Careers. In lay terms, it means that either the employer or the employee is free to end the work relationship. Looking for a state's practice act? Compend Contin Educ Dent. The U.S. Acts 1999, 76th Leg., ch. Equal Employment Opportunity Commission publication, Questions and Answers on the Final Rule Implementing the ADA Amendments Act of 2008. Further, ADA makes no representations or warranties about the information provided on those sites. J Evid Based Dent Pract. The Board regulates the practice of dentistry, dental hygiene, and dental assisting, by examining applicants for competency and issuing licenses to candidates meeting the requirements of the State and the Board. Statutory law involves laws enacted by legislation through U.S. Congress, state legislature, or local legislative bodies. WCAG 2.0 can be found here. impassive : calm :: search : _____ a. find b. explore c. begin d. reason. However, the negative effects of a mitigating measure can be considered in determining whether a person has a disability (for example, side effects of medication). Which of the following types of law deals with binding agreements between two people? The Age Discrimination in Employment Act (ADEA) prohibits organizations with 20 or more employees from discriminating against workers or job applicants who are 40 years of age or older. Implications for how this model will increase access to care will also be addressed. Dentists who are subject to COBRA should become familiar with the changes to the law and COBRAs new notice provisions. What must a dentist do to avoid a patient claim of abandonment? The Board registers dental corporations. The following is the United States Equal Employment Opportunity Commission (EEOC)s basic definition of sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance, or creates an intimidating, hostile, or offensive work environment. A dental practice may also be required under the AwDA to permit a disabled individual to be accompanied by a service animal. These materials are intended to provide helpful information to dentists and dental team members. MeSH The patient has a condition that the dentist normally refers to a specialist. For purposes of employment discrimination, the U.S. Which of the following statements is true concerning statutory law? Unable to load your collection due to an error, Unable to load your delegates due to an error. Employees who feel discriminated against may contact the Equal Employment Opportunity Commission to voice a complaint. Chapter 251. Appendix 17: Sample Website Development Agreement includes a provision requiring the website designer to represent and warrant that all deliverables will conform to WCAG 2.0 Level AA. The guide addresses key questions such as: This fourth edition contains updated information on many legal topics, such as the various regulations relating to HIPAA, the Sunshine Act, the Payment Card Industry Data Security Standard (PCI DSS), and the federal Anti-Kickback Statute and Self-Referral (Stark) Law. hbbd``b`A" Z b$S For more information about effective communications under the Act, see the Department of Justice publication, Effective Communication. Disclaimer. Every state except Kansas required minimum didactic educational requirements for permit issuance. HIPAA covered dental practices must comply with both HIPAA and with any applicable state law requirements that are either not contrary to HIPAA, or that are contrary to but more stringent than HIPAA. The purpose of this study was to survey 50 state dental boards concerning their regulations governing the practice of moderate sedation administered by the oral route. The Board issues specialty licenses to dentists who have post-graduate training and successfully complete an examination. Citizenship and Immigration Services (I-9 forms), Medicaid Compliance for the Dental Professional, OIG Compliance Program for Individual and Small Group Physician Practices (Guidance for Developing), List of Excluded Individuals and Entities (LEIE), Using the LEIE Exclusions Online Database and Downloadable Databases (video), Permitted Uses and Disclosures: Exchange for Public Health Activities, Health IT Privacy and Security Resources for Providers, Sample Business Associate Agreement Provisions, Model Notices of Privacy Practices (English and Spanish), Access: Individuals Right Under HIPAA to Access Their Health Information, De-identification: Guidance on De-identifying Protected Health Information, Employment: Employers and Health Information in the Workplace, Family, Friends, and Others: Communicating with a Patients Family, Friends, or Others Involved in the Patients Care, Government Access: Restrictions on Government Access to Health Information, Health Care Operations: Permitted Uses and Disclosures: Exchange for Health Care Operations, HIPAA Privacy Rule: A Guide for Law Enforcement, Information Related to Mental and Behavioral Health, Including Opioid Overdose, Interoperability: Blog: The Real HIPAA Supports Interoperability, Same-Sex Marriage and Loved Ones: Guidance on HIPAA, Same-Sex Marriage, and Sharing Information with Patients' Loved Ones, Treatment, Payment and Health Care Operations, Treatment: Permitted Uses and Disclosures: Exchange for Treatment, Risk Analysis Under the HIPAA Security Rule, Emergency Preparedness Planning and Response, Disclosures for Emergency Preparedness - A Decision Tool, Reassessing Your Security Practices in a Health IT Environment: A Guide for Small Health Care Practices, Top 10 Tips for Cybersecurity in Health Care, Health Information Technology: Guide to Privacy and Security of Electronic Health Information, What to Do if Your Email Is Hacked or Malware Attacks Your Computer, HIPAA and Health Information Exchange (HIE), Patient Consent for Electronic Health Information Exchange, Patient Matching, Aggregating and Linking, Data Breach Response: A Guide for Business, Peer-to-Peer File Sharing: A Guide for Business, Protecting Personal Information: A Guide for Business, Security Check: Reducing Risks to Your Computer Systems, Truncating Credit Card Information on Receipts, FAQs for Health Care Providers and Health Plans, Consumer Information: Medical Identity Theft, Open payments (Physician Payment Sunshine Act), Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health (NIOSH), Occupational Safety & Health Administration (OSHA), National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank (U.S. Department of Health), U.S. Who should make a guarantee about the outcome of dental treatment? A physiological impairment is a condition or disorder, an anatomical loss affecting any of the major body systems, or a cosmetic disfigurement. 0 J Evid Based Dent Pract. Find out the top ten languages used in your state. The term impairment covers physiological and mental or psychological conditions. and transmitted securely. Continuing Education : 1645-1645.2: To the extent ADA has included links to any third party web site(s), ADA intends no endorsement of their content and implies no affiliation with the organizations that provide their content. The U.S. Department of Health and Human Services Office for Civil Rights, which is the federal agency that enforces HIPAA, can require a covered dental practice to produce documentation of HIPAA compliance in the course of an investigation or compliance review. Employers who are not large enough to be required to provide medical or family leave under a state law may choose to implement policies for sick leave, vacation, or personal days that would apply to these situations. This subtitle may be cited as the Dental Practice Act. The Equal Pay Act is a part of the federal wage and hour laws. COBRA requires employers to offer certain individuals who lose benefit protection the option of purchasing a temporary extension of their group health care plan coverage. 2014 Jun;14 Suppl:171-82.e1. Ong KS, Tan JM, Chong WL, Yeo JF, Lee TL. 2783 0 obj <>stream The Americans with Disabilities Act is a federal law that protects individuals with disabilities in places of public accommodation (such as a dental office), as well as certain employees with disabilities. When autocomplete results are available use up and down arrows to review and enter to select. 251.002. (A) put in rigid order Board meets eight or more times a year and conducts disciplinary hearings in conjunction with those meetings.
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