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Acknowledgements
About the Book
A Letter From ADA’s General Counsel
Disclaimer
A Dentist’s Guide to the Law: 228 Things Every Dentist Should Know. Table of Contents
Introduction
Chapter 1. How to Use This Book
1. How Should I Use This Book?
Related References and Resources
2. Will You Give Me a Referral to a Lawyer in My Area?
3. What Does a Dentist Need to Know to Select the Right Lawyer?
Why Do You Need an Attorney?
Referral Sources
Due Diligence
Interview
Considerations as You Prepare to Interview the Attorney
Preparing for the Interview
Your New Attorney
Related References and Resources
Chapter 2. Know the Law
4. What Are Some Laws That Apply to Dentistry?
5. What Key Federal Laws Apply in Dentistry?
Related References and Resources
6. What Key State Laws Do I Have to Comply With?
Chapter 3. Lawsuits. 7. What Are the Penalties for Violating HIPAA?
Related References and Resources
8. I’ve Been Sued. What Do I Do?
9. Should I Settle? On What Terms?
10. Must a Settlement of a Malpractice Claim Be Reported to the Data Bank?
11. Will the ADA Represent Me or File a Brief on My Behalf?
Related References and Resources
Chapter 4. The ADA Legal Division. 12. What Do the ADA’s Lawyers Do for Me?
Practice Formats: the Business/Legal Structure
Chapter 5. Practice Formats: the Business/Legal Structure
13. What Business Structure Options Do I Have?
14. What Are the Advantages and Disadvantages of a Sole Proprietorship?
15. What Are the Pros And Cons of a General Partnership?
Related References and Resources
16. Does a Limited Partnership Have Advantages Over a General Partnership?
17. What Is There About a Corporation That Would Make Me Want To Incorporate My Practice?
18. Will It Help Me to Be a Limited Liability Company?
19. Should I Create an Operating Agreement If I Choose the LLC or PLLC Format?
Chapter 6. Dental Office Design. 20. What Laws Affect Office Design?
21. What Does the Americans With Disabilities Act (AwDA) Require for Office Design?
Related References and Resources
22. Isn’t There a “Grandfather” Provision That Exempts Me From the AwDA?
23. I Rent My Office Space. Isn’t AwDA Compliance the Building Owner’s Responsibility?
24. What Are the AwDA Requirements for Existing Facilities?
Related References and Resources
25. What Are the AwDA Rules for Renovation and New Construction?
Alterations (Renovations)
New Construction
26. How Do I Get More Specific Information About the AwDA Accessibility Requirements?
Related References and Resources
27. Do I Still Have to Comply With State And Local Laws?
28. Does HIPAA Impose Requirements Related to Dental Office Design?
Related References and Resources
29. Will Other Cutting Edge Dental Issues Affect Office Design?
Ergonomics
Waste Management
Regulated Drugs
Related References and Resources
30. Is Video Surveillance Permitted in the Dental Office?
Audio
Monitoring Employees
Security and Safety
Privacy
Discoverability
31. Should I Rely on Design Professionals, and What Should Their Contracts Include?
32. Do My Exam Chairs Need to Be Accessible to Patients With Disabilities?
Related References and Resources
33. Should I Have an Automated External Defibrillator (AED) in My Dental Office? If So, Where? What Legal Concerns Are There With Respect to an AED in the Dental Office?
Chapter 7. Practice Marketing. 34. What Legal Limits Are There on Advertising My Practice?
Related References and Resources
35. What Rules Apply to Dental Specialty Claims?
Related References and Resources
36. Can I Use ADA Materials or Other Existing Material in Promoting My Practice?
Related References and Resources
37. Can I Use the ADA Logo to Market My Practice? How Can I Use the ADA Logo on My Website? What Rules Apply to the ADA Membership Logo?
Related References and Resources
38. Is My Website Exempt From These Traditional Practice Marketing Rules?
39. Can I Send Information About Products Or Services To Patients, Or Provide Patient Lists To a Company That Wants To Send Them Information?
Related Resources and References
40. What Can I Do If a Negative Rating, Review, or Comment About My Practice Is Posted on a Blog or Website?
Related References and Resources
41. Can My Dental Practice Advertise That We Accept Medicaid?
42. Does Our Dental Practice Need to Be Aware of What Federal Laws Apply to Commercial Messages Sent Via Telephone, Email, Fax and Text?
Telephone Sales Rule and the National Do-Not-Call Registry
Telephone Consumer Protection Act
CAN-SPAM
HIPAA
Related References and Resources
Chapter 8. Practice Websites
43. What Are Some of the Liability Issues With Practice Websites?
Privacy Issues Related to Practice Websites and Social Media
Related References and Resources
44. What Protective Measures Can I Build Into the Design of My Site to Help Avoid Liability?
45. What Steps About Site Content Can I Take to Reduce My Legal Exposure?
Related References and Resources
46. Are There General Rules for Communicating Online?
Related References and Resources
47. When Do I Need Permission to Use What’s Not Mine On My Website?
Copyrights and Social Media
Related References and Resources
48. How Can I Protect What’s Mine on My Website?
49. Should I Have Written Contracts With Professionals I Hire to Help Design My Website?
Related References and Resources
50. Does My Dental Practice Website Need to Be Accessible to People With Disabilities, Such as Someone Who Is Blind or Hard of Hearing?
Related References and Resources
51. Do I Really Have to Worry About All This? Won’t My Website Be Insured?
Related References and Resources
Employment Law
Chapter 9. Introduction to Employment Law
52. What Employment Law Issues Arise in a Dental Office?
Related References and Resources
53. What Law(s) Do I Have to Comply With — Federal, State or Local Law?
54. What Is the Risk of Non-Compliance?
55. Who in My Office Needs to Know Employment Laws?
Related References and Resources
56. Are These Employment Lawsuits I Hear About for Real?
Chapter 10. Office Manual and Policies. 57. How Can I Protect My Practice?
Related References and Resources
58. Are There Special Concerns Dentists Should Have About Employment Lawsuits?
59. Is Having an Office Policy Manual or Employee Handbook a Good Idea? Will It Take Care of My Legal Needs?
Related References and Resources
60. What Office Policies Do I Need?
Related References and Resources
Chapter 11. Hiring. 61. When Hiring an Associate Dentist, Do I Need a Written Contract And, If So, What Should Be in It?
Related References and Resources
62. What Is the Importance of the Exempt vs. Non-Exempt Distinction?
63. Can I Conduct a “Working Interview” With a Prospective Employee?
64. Can I Require Drug Testing of Applicants?
65. What Information Should Be Included in a Background Check for a Potential Employee? Can a Credit Check Be Run Before Hiring a New Employee?
Related References and Resources
Chapter 12. Managing the Dental Team. 66. How Should I Approach Performance Appraisals?
67. How Should I Handle Employee Discipline?
68. What Should I Do If the Employee Is Engaging in Unlawful Acts, Such as Embezzlement, Theft, or Writing Prescriptions on Stolen Pads?
Related References and Resources
69. I’m Concerned About a Disturbing Change in the Behavior of an Individual Who Works in My Dental Practice. What Should I Do?
Related References and Resources
70. What If I Suspect an Employee or Co-Worker Is Abusing or Taking Drugs From the Dental Office?
Related References and Resources
71. Must a Dentist Be Present When a Hygienist Is Working?
72. What Are My Obligations as an Employer When an Employee or an Associate Dentist in My Practice Has Been Called to Active Duty by the Military?
Related References and Resources
73. What Do I Need to Document?
74. What Notices Must I Post About Employment Matters?
Related References and Resources
75. Are There Employment Law Resources That Can Help Me?
Related References and Resources
Chapter 13. Termination. 76. What Issues Arise When Terminating an Employee? How Does Employment “At Will” Fit In?
Related References and Resources
77. Can I Terminate an Employee Who Has HIV? What About an Employee Who Has Hepatitis C?
Related References and Resources
78. Can I Terminate a Staff Person Who Is Continuously on Sick Leave?
Related References and Resources
79. Can I Terminate an Employee for Reporting to Authorities What He or She Perceives as a Legal Violation?
Compliance: OSHA, HIPAA, FACTA, COPPA, and the Physician Payments Sunshine Act (Open Payments)
Chapter 14. OSHA
Related Resources and References
80. I Am Just a Small Business. Does OSHA Really Apply to Me?
81. I Never Hear From OSHA, But I Do Hear From a State Agency. Why Is That?
Related References and Resources
82. Does OSHA Regulate My Relationships With My Patients?
83. What Are My Obligations Under OSHA?
84. What Is the “General Duty Clause?”
85. What Is My Duty With Respect to OSHA Standards?
Related References and Resources
86. How Do I Prepare Generally for OSHA’s Required Written Programs?
87. Do I Have to Voluntarily Let an OSHA Compliance Officer Inspect My Office?
88. What Should I Do If an OSHA Inspection of My Office Is Taking Place?
Related References and Resources
89. The Compliance Officer Wants to Interview My Employee, Should I Allow It?
90. The Compliance Officer Wants to Interview Me! Do I Agree to Be Interviewed?
91. No OSHA Compliance Officer Is Trying to Inspect My Office, but OSHA Sent Me a Letter and Expects a Response. What Do I Do?
92. OSHA Issued a Citation. What Do I Do?
93. Can I Get an Extension of the 15-Day Period?
94. What Happens If I Do Nothing?
95. What Are My Options After Receiving a Citation?
96. Do I Need a Lawyer?
Chapter 15. HIPAA, State Law and PCIDSS: Patient Information
97. How Does HIPAA Affect How I Manage Patient Information?
The Four HIPAA Rules
Related References and Resources
98. Do I Have to Comply With HIPAA?
Related References and Resources
99. What Do I Have to Do in Order to Comply With HIPAA’s Privacy Rule?
Related References and Resources
100. If I Give a New Patient Our Notice of Privacy Practices and the Patient Won’t Sign the HIPAA Acknowledgement, Should I Still Provide Treatment?
101. Is Following HIPAA Enough, or Should I Follow State Law (Too)?
102. Can the Outside Cover of the Record Contain Patient Information?
103. Who Can Make Entries in the Record?
104. Are There Rules About How to Write in the Record?
105. Is It OK to Alter the Record?
106. Who Owns the Record? What Rights Do Patients Have?
Related References and Resources
107. What Permission, if Any, Must a Patient Give for Me to Transfer His or Her Records?
108. How Does HIPAA Affect Dealing with Patient Surrogates or Representatives Who Request Information in, or Copies of, the Record (Such as Non-Custodial Parents)? Parents
Family, Friends and Others
Personal Representatives
Related References and Resources
109. What If the Patient’s Spouse, or an Adult Patient’s Parent, Is Responsible for Paying the Patient’s Bill? What Information Can I Disclose to the Person Responsible for Payment?
110. Someone Has Subpoenaed a Patient’s Record. What Should I Do?
111. Should I Release Original Records or Is It Better to Make Copies?
112. Can I Charge Patients for Copying Their Records?
113. How Long Must I Retain Patient Records?
114. Are There Legal Issues in Making the Transition to a Paperless Office?
115. What Are the Legal Concerns in Selecting an EHR Vendor? In Entering Into a Contract with Your Chosen EHR Vendor?
HIPAA Business Associates
The HIPAA Security Rule
Securing Data Through Appropriate Encryption
Breach Notification
Electronic Copies of Patient Records
Insurance Coverage for Data Security Incidents
Related References and Resources
116. Can I Get in Trouble If My Business Associate Violates HIPAA?
Related References and Resources
117. A School Has Contacted Us to Ask About a Doctor’s Note That Appears to Be From Our Dental Practice. Our Dental Practice Did Not Provide That Doctor’s Note. Does HIPAA Prohibit Us from Responding to the School Without the Patient’s Authorization?
118. If a Patient’s Employer or School Calls Our Dental Practice Directly and Asks Us for Information About the Patient, Can We Provide It, or Do We Need the Patient’s Authorization?
119. We Will Have Some Dental Interns in Our Office. Is There a Form the Interns Will Need to Sign for HIPAA? Do We Need to Get the Patient to Sign a Consent Form to Allow the Interns to Observe or Assist the Doctor?
120. If a Patient Brings a Friend Along to a Dental Appointment, Do I Need the Patient to Sign an Authorization Form Before Disclosing Information in Front of the Friend?
Related References and Resources
121. What Effect Did the 2013 Omnibus Final Rule Have on HIPAA Compliance?
Notice of Privacy Practices
Breach Notification Rule
Business Associates and Subcontractors
Restricted Disclosures to a Health Plan
Patients’ Right to See and Get Copies of Their Records
Subsidized Marketing Communications
Sale of Patient Information
Decedents
Enforcement
Penalties
Fundraising
Immunization Records
Genetic Information
Research
Related References and Resources
122. What Happens to the Patient Records of a Deceased Practitioner?
Secure Disposal of Records
Estate Planning
123. Can My Dental Practice Apply for Incentive Payments From the Federal Government if We Buy a New Electronic Dental Record System or Upgrade Our Existing One?
Related References and Resources
124. Before I Hire Someone, I’d Like to Make Sure That He or She Has Not Been Excluded From Participation in Federal Health Care Programs. Can I Look Them Up? Can I Also Periodically Check on the Status of My Current Staff?
Related References and Resources
125. I Keep Hearing About Data Breaches Involving Credit Card Numbers and Social Security Numbers. My Dental Practice Collects This Kind of Information. What Are Some of the Laws That I Should Be Aware of?
Related References and Resources
126. Will My Liability Insurance Cover the Financial Loss Caused by a Data Breach?
127. My Office is Considering Whether to Accept Credit Card Payments and Was Told by a Card Payment Processor That Our Office Would Need to Be “PCI Compliant.” Is This Really True?
Related References and Resources
128. How Do I Respond to an Investigatory Letter From the U.S. Department of Health and Human Services Office for Civil Rights, the Federal Agency That Administers HIPAA?
Related References and Resources
129. A Law Enforcement Official Has Asked My Dental Practice for Information About One of Our Patients. What Should We Do?
HIPAA
State Law
Related References and Resources
Chapter 16. FACTA: Red Flags and Disposal Rules. 130. What Is FACTA and How Will It Affect My Practice?
131. What Is the Red Flags Rule?
132. What Does the Disposal Rule Require?
133. Does the Disposal Rule Apply to All Dentists?
134. When Does the Disposal Rule Take Effect?
Chapter 17. COPPA. 135. My Dental Practice Wants to Create a “Kids’ Corner” on Our Practice Website. Someone Mentioned “COPPA Requirements.” What Is COPPA and Does It Apply to Dental Practices?
Related References and Resources
136. How Do I Know Whether My Website Is Directed at Children Under 13? Does COPPA Provide a Test or Definition?
Chapter 18. The Physician Payment Sunshine Act (Open Payments) 137. How Can I Find Out About the Physician Payment Sunshine Act and “Open Payments,” the New Federal Government Website That Has Information About Industry Relationships With Doctors and Teaching Hospitals?
Related Resources
138. Do I Have Any Choices About Information About Me That Might Appear on the Open Payments Website?
Related References and Resources
139. What Can I Do to Help Make Sure That Information About Me Is Accurate on “Open Payments”?
Related Resources
140. A Dental Manufacturer’s Representative Provided Lunch for My Staff and Me. The Lunch was Great, but Why Is the Rep Asking for My NPI Number and Other Information?
Related Resources
141. What Is Teledentistry and What Are Some of the Regulatory and Legal Concerns?
Business Considerations
Chapter 19. Contracts
142. Should I Sign This Contract?
143. How Do the Legal Considerations Fit in?
Related References and Resources
144. Do I (Still) Have to Do What the Contract Says?
Chapter 20. Common Dental Agreements
145. What Are Some of the Issues Involved in a Buy-Sell Agreement?
Related References and Resources
146. How Should I Evaluate a Contract With an Insurance Plan?
Related References and Resources
147. Do I Need Employment Agreements With My Staff?
Related References and Resources
148. How Can I Get the Most Mileage Out of an Associate Agreement?
Related References and Resources
149. Should the Associate Be an Independent Contractor or Employee?
Related References and Resources
150. Are Restrictive Covenants Enforceable?
Related References and Resources
151. What Should My Office Lease Contain?
Related References and Resources
152. How Can I Be Sure That My Dental Laboratory Uses the Exact Materials Prescribed to Manufacture a Prosthesis?
Related References and Resources
153. What Can I Do If I Have Been Charged for a Product or Service That I Received but Didn’t Order?
Related References and Resources
154. Can I Sell Merchandise From My Dental Office, Such as Vitamins and Minerals or Electric Toothbrushes?
Related References and Resources
Chapter 21. Antitrust
Related References and Resources
155. What Are the Antitrust Laws and What Do They Mean to Me as a Dentist?
156. Can I Consult With Other Dentists When Setting My Fees?
Related References and Resources
157. Is There Anything the ADA Can Do to Stop Insurance Carriers from Taking Actions or Engaging in Practices That Create Difficulties for Dentists?
Related References and Resources
158. Do the Antitrust Laws Prevent Me from Promoting Direct Reimbursement?
159. Can Our Association Establish a Code of Ethics That Restricts Advertising or Prohibits Unacceptable Practices?
Related References and Resources
160. Can Dentists Refuse to Deal With Health Care Practitioners Who Engage in Unethical Conduct or Who Engage in the Practice of Dentistry Without a License?
161. Do the Antitrust Laws Prevent Insurance Companies From Setting Low Reimbursement Rates? From Imposing Burdensome Contractual Provisions?
162. Is There Anything That a Group of Dentists Can Do to Address Threats to Our Practice?
Chapter 22. Tax Issues. 163. Is It OK for Me to Stay on Cash Basis Accounting or Must I Use Accrual Basis Accounting?
164. Can I Claim the Americans With Disabilities Act Tax Credit for Purchases of Intraoral Cameras, Panorex Machines, New Chairs, Etc.?
165. What Are My Requirements Regarding Payroll Taxes?
Related References and Resources
Chapter 23. Insuring Your Practice
166. What Type of Professional Liability Insurance Should I Have?
Related References and Resources
167. What About Liability Other Than Malpractice?
168. Can I Insure Against Damage to My Practice?
169. What Insurance Helps Protect My Income?
Related References and Resources
170. What Other Insurance Issues Are Important?
Related References and Resources
Payment, Collections, and Reimbursement
Chapter 24. Payment and Collections
171. Which NPI Do I Use to Submit a Claim? I Have a Type 1 NPI for Myself and a Type 2 NPI for My Corporation/Group/Partnership
Related References and Resources
172. A Patient Refused to Pay for What His Insurance Refused to Cover — What Can I Do?
Related References and Resources
173. How can I Better Position My Practice to Minimize the Need to Send Non-Paying Patients to Collection and Improve My Practice’s Chance of Prevailing in Collection Matters?
174. A Patient Is Refusing to Give Our Dental Office His or Her Social Security Number (SSN). Can I Refuse to Treat the Patient? Why Would a Patient Be Reluctant to Provide This Information? Can Collecting Social Security Numbers Pose a Legal Risk for a Dental Practice?
Related References and Resources
175. Who Pays When Parents Are Divorced?
176. Can I Check My Patient’s Credit History Before Agreeing to Provide Care?
Related References and Resources
177. What Are the Payment Card Industry Data Security Standards (PCI DSS)?
Related References and Resources
178. If the Patient Doesn’t Accept My Work or Refuses to Come Back to Let Me Finish It, and I’ve Already Collected Insurance for It, Do I Have a Problem?
179. Are There Legal Problems Giving Discounts to Family, Staff or Colleagues?
180. Can I Extend Dental Coverage Through My Office to Patients Who Do Not Have It by Establishing My Practice’s Own In-Office Dental Plan?
State Insurance Rules
Review Third-Party Payer Contracts
Clearly State the Plan
Related References and Resources
181. Are There Legal Problems in Offering and Awarding Social Coupons to New or Existing Patients?
Related References and Resources
182. If a Patient Is Behind on Payments, Can I Withhold Records or Stop Treatment?
Related References and Resources
183. Am I Required to Continue Treatment If the Patient Is in Bankruptcy?
184. Can I Charge Interest on Overdue Amounts? What About Collection Costs?
185. When Should I Use a Collection Agency?
186. Are There Limits to What Can Be Done in Collections?
Related References and Resources
187. How Does Small Claims Court Work? Is It Worth It?
188. What Should I Do if the Patient Wants a Refund, or a Nominal Sum for Malpractice?
Related References and Resources
Chapter 25. Insurers and Other Commercial Payers
189. The Plan’s Explanation of Benefits Makes It Seem Like I’m Overcharging. Is That Legal?
190. I Submitted a Claim to an Insurance Company Six Months Ago, and I Still Haven’t Received My Reimbursement. What Can I Do?
191. An Insurance Company Is Withholding Payment for Part of the Claims I Submitted to Them Recently. They Say They’re “Offsetting” an Amount They Overpaid Me Previously. Can They Do This?
192. Dental Benefit Plan XYZ Claims I’m a Participating Provider in Their Plan, and That I Have to Treat All of Their Enrollees Who Come to My Office and Accept Their Fees as Full Reimbursement. How Can This Be? I Never Signed a Contract With Plan XYZ
193. Can an Insurance Plan Force Me to Allow It to Audit Out-of-Network Charts, or Does HIPAA Prevent This?
Restricted Disclosure to a Plan
Related References and Resources
The Patient
Chapter 26. The Dentist-Patient Relationship
194. What Rights Does a Patient Have to Privacy and Confidentiality?
Related References and Resources
195. What Should I Do to Protect Patient Information?
Related References and Resources
196. My Patient Is in a Lawsuit. Do I Have to Testify? Doesn’t the Dentist-Patient Privilege Help Me Avoid This?
197. What If I See Signs of Abuse or Neglect Upon Examination?
Related References and Resources
Chapter 27. Diagnosis and Treatment
198. Are There Specific Legal Concerns to Watch for When Taking a Health History?
199. How Often Should Patients Be Asked to Update Their Health History Forms?
Related References and Resources
200. Are There Legal Issues Regarding Treatment Planning?
201. Who Must Give Informed Consent?
202. So How Do I Go About Getting Informed Consent?
203. Should I Use an Informed Consent Form?
Related References and Resources
204. What If The Patient Refuses to Consent?
Related References and Resources
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?
Related References and Resources
208. I’m a Volunteer Dentist, Donating Dental Services. Do the Same Rules Apply?
Related References and Resources
Chapter 28. Referrals. 209. Are There Legal Issues to Consider When I Make a Referral?
Related References and Resources
210. How Does the Federal Law Regulating Self-Referral (Stark Law) Affect My Dental Practice?
Related References and Resources
211. When Might the Stark Law Apply?
Related References and Resources
212. How Could the Federal Anti-Kickback Statute Affect My Practice?
Related References and Resources
Chapter 29. Thorny Patient Treatment Issues
213. Do I Have to Hire Sign Language Interpreters for Hearing Impaired Patients?
Barrier-Free Health Care Initiative
HIPAA
Related References and Resources
214. Who Pays for the Interpreter? I’d Lose Money If I Had to Pay
Related References and Resources
215. Must I Provide Foreign Language Interpreters?
HIPAA
Related References and Resources
216. Do I Have to Allow Service Animals (Such as Seeing Eye Dogs) in the Operatory?
Related References and Resources
217. Do I Have to Allow Motorized Wheelchairs in My Dental Practice? What About Segways?
Related References and Resources
218. Are There Laws Prohibiting Discrimination Against Patients Who Are Part of a Protected Class?
Related References and Resources
219. Must I Treat Patients With HIV, HCV or Other Infectious Diseases?
Related References and Resources
220. Can I Ask a Patient If He or She Has Any Infectious Diseases — HIV in Particular?
Related References and Resources
221. What Are the Rules About Managing an Obese Patient?
Related References and Resources
222. How Do I Handle a Drug-Seeking Patient — One I Suspect May Be Calling Around for Prescriptions?
Characteristics of Drug-Seeking Patients
Examples of Safeguards
Prescription Drug Monitoring Programs (PDMP)
DEA and State Law Requirements
Disabilities Law
Patient Privacy Law
Libel and Slander
Related References and Resources
223. How Can I Learn More About My Responsibilities in Regard to Infection Control?
Related References and Resources
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?
Related References and Resources
Chapter 29. Terminating the Relationship
227. I’m Closing My Practice. What Must I Tell My Patients? How and When Do I Tell Them?
Related References and Resources
228. How Do I Handle a Threatening or Abusive Patient? How Do I Dismiss an Unruly Patient From My Practice?
Related References and Resources
Appendices
Appendices
Appendix 1: Checklist of Questions to Ask When Forming a Group Practice
Appendix 2: Buy-Sell Agreements (Background) Contract for the Sale of a Dental Practice
Other Documents
Appendix 3: Sample Employee Associateship Agreement
Sample Employment Agreement
Appendix 4: Sample Independent Contractor Associateship Agreement
Sample Independent Contractor Agreement
Appendix 5: New Employee Checklist
Action List
Appendix 6: Termination Checklist
Action List
Appendix 7: Sample Website Development Agreement
Sample Website Development Agreement
Appendix 8: HIPAA Business Associate Checklist. Are you a HIPAA business associate? And if so, what are your responsibilities?
Appendix 9: Selecting an EHR Program for Your Dental Practice
Costs
Functionality
Support and Training
Privacy
Supplier Reputation/Reliability/Due Diligence
Implementation
Reviewing an EHR Agreement
Appendix 10: Service Animals in the Dental Office
Federal, State and Local Laws
Dogs and Miniature Horses
When is an Animal a “Service Animal”?
Questions Which You May NOT Ask a Person With a Service Animal
Questions the Dental Team MAY Ask
Where Can a Service Animal Go?
Making Reasonable Modifications for a Service Animal
If a Service Animal Poses a Health or Safety Risk
Control of the Service Animal
Damage Caused by a Service Animal
Using the Flowchart Tool
Appendix 11: Sample HIPAA Business Associate Agreement
Sample HIPAA Business Associate Agreement
Appendix 12: What Did the US Supreme Court Decide in North Carolina State Board v. FTC (2015)?
Index
In 2004 the American Dental Association Division of Legal Affairs thought that ADA members might find value in a publication that addressed various questions about a wide variety of legal issues that arise in their dental practices. So the lawyers in the Division collaborated on the authorship and publication of Frequently Asked Legal Questions: A Guide for Dentists and the Dental Team. They were pleased to find an extremely positive response. Members demonstrated a real interest in having written materials available to provide insight and background information on such legal issues. Because this interest continued, and because the law continues to evolve, the ADA published a second edition of Frequently Asked Legal Questions in 2010. We now present an updated version, A Dentist’s Guide to the Law: 228 Things Every Dentist Should Know. The ADA Division of Legal Affairs is thankful to the many ADA members who have supported this publication and who have contacted the ADA with questions about laws and regulations affecting dentistry. These members have provided the impetus for this book and the ideas for its content.
We are also grateful for the valuable assistance of Patrick Cannady, Manager, Dental Informatics; John Malone, Manager, Scientific and Technical Information; Pamela Porembski, D.D.S., Director, Council on Dental Practice; Carolyn Tatar, Senior Manager, Product Development and Sales; Kathryn Pulkrabek, Manager/Editor, Professional Products; Steve Gruninger, Assistant Director, Safety and Biocompatibility; Mary Griffin, Legal Coordinator; Denise Zanders, Legal Coordinator; and our legal interns over the years, with particular thanks to Misti Napier-Burton and Angelique Salib.
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121. What Effect Did the 2013 Omnibus Final Rule Have on HIPAA Compliance?
122. What Happens to the Patient Records of a Deceased Practitioner?
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