Ch3 Dental Law & Ethics Flashcards

0
Q

Americans with disabilities act

A

Legislation passed by congress in 1990 to end discrimination against people with disabilities.

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1
Q

Abandonment

A

Desertion; refusal to treat a patient without notice.

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2
Q

Agent

A

A person whose discussions and actions are a reflection and representation of the person they are working for.

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3
Q

Assault

A

Threat of touching a person without consent.

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4
Q

Battery

A

According to the law, the actual touching of another individual without consent.

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5
Q

Breach of contract

A

Breaking of contract.

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6
Q

Business associates

A

Indirect providers of health care services and supplies. Such as accounting firms, consultants, legal firms, management companies, data/record copying, storage and destructions companies and suppliers.

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7
Q

Civil law

A

Law related to actions and circumstances between individuals; civil law can be broken into contract law and tort law.

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8
Q

Common law

A

Standards and rules based upon previously determined cases that everyone is now responsible to follow.

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9
Q

Contract

A

A binding agreement between two or more persons.

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10
Q

Covered entities

A

Direct provider of health care services and supplies.

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11
Q

Criminal law

A

Law related to wrongs committed against the welfare and safety of society as a whole.

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12
Q

Current Dental Terminology (CDT)

A

CDT represents the collaboration of dental venders, payers, providers, clearing houses, and the government for a standard code set; initially developed in 1969 it is now revised every 2 years.

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13
Q

Day sheet

A

Sheets in a dental office which list the daily schedule with patients names and their required services.

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14
Q

Defamation of character

A

Causing injury to another’s reputation, name, or character; can be verbal or written.

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15
Q

Defendant

A

The individual a charge is brought against.

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16
Q

Dental jurisprudence

A

The law(s) governing dentistry.

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17
Q

Dental practice act

A

State regulations that describe legal restrictions and controls on the dentist, the hygienist, and other dental assistants.

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18
Q

Direct provider

A

The HIPAA provisions apply to direct providers of health care services and supplies including hospitals, clinics, nursing homes, assisted living facilities, home health agencies, physicians, dentists, and alternative medicine.

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19
Q

Direct supervision

A

The dentist must be physically in the treatment facility to authorize this function and he or she must be available with in a immediate distance to respond to the patient needs and must evaluate the performance of the procedure.

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20
Q

Doctrine of respondent superior

A

The dentist is responsible for the actions of the dental assistant, when there is a complaint or an act of negligence on the assistants part, the dentist is liable for the act.

21
Q

Due care

A

The care that any reasonable and prudent dental care personnel would do in the same circumstances.

22
Q

Ethics

A

Although different from person to person. Ethics are what is morally right or wrong.

23
Q

Expanded functions

A

Skills and functions beyond those normally associated with dental assisting that require increased skills and responsibility, delegated by dentists according to the Dental Practice Acts in their state.

24
Q

Expert witness

A

An individual specially qualified in a particular field or topic are who is called to testify to the standard of care expected within that field.

25
Q

Expressed contract

A

A contract, written or verbal, that describes what each party in the contract will do.

26
Q

Fraud

A

A deliberate deception that is practiced to secure unfair or unlawful gain.

27
Q

General supervision

A

The dentist is to diagnosis and authorize the work to be performed on the patient by the dental auxiliary but he or she is not required to be on the premises while the treatment is being completed.

28
Q

Good Samaritan Law

A

Protection for people who provide medical assistance to those in emergency situation who are not seeking payment for it, those providing the assistance are given immunity.

29
Q

Health Information (HI)

A

Information provided to a health care institution related to a specific persons care as well as personnel information.

30
Q

Health insurance portability and accountability act of 1996

A

HIPAA, also known as the Kennedy Kassebaum act, was enacted to establish safeguards for health care transaction transmitted electronically

31
Q

Implied consent

A

Consent for a procedure given by the patients act.

32
Q

Implied contract

A

A contract implemented by actions, not words.

33
Q

Indirect provider

A

The HIPAA provisions apply to indirect providers of health care services and supplies. Business associates

34
Q

Informed consent

A

Agreement by the patient to the procedure that is about to be performed after being told of the procedure, risk involved, expected outcomes, and alternative treatments

35
Q

Law

A

The set of riles established and enforced by local, state, and federal government.

36
Q

Libel

A

False and malicious written comments.

37
Q

Malpractice

A

Incorrect negligent treatment given to a patient by a doctor, dentist, or health care provider.

38
Q

Negligence

A

The failure to exercise the standard of care that a reasonable person would exercise in a similar circumstances.

39
Q

Noncompliant

A

Unwilling to follow treatment plans or directions from the dentist or another party.

40
Q

Plaintiff

A

The individual who brings charges against another individual.

41
Q

Preemption

A

Related to HIPAA, when state law conflict with federal laws.

42
Q

Privacy officer

A

The person in the dental office responsible for keeping all office personnel updated on HIPAA.

43
Q

Protected health information (PHI)

A

PHI, an integral part of HIPAA, covers any information that identifies the individual or reveals information such as name, telephone number, email, and birth date.

44
Q

Reciprocity

A

One who has passed the medical/ dental requirements for one state can apply for the same “rights” in another state, without taking another written or clinical exam. Usually border states with similar standards.

45
Q

Res Gestae

A

Meaning “part of the action” any statement made during the time of an alleged act can be made admissible in a court of law.

46
Q

Security rule

A

The ability to control access and protect information from accidental or intentional disclosure to unauthorized persons and from alterations, destruction, or loss.

47
Q

Slander

A

False and malicious spoken words.

48
Q

Stare decisis

A

A legal principle by which judges are obliged to respect the precedent established by prior decisions or to stand by decisions already made.

49
Q

Statute

A

Law enacted by states.

50
Q

Subpoena

A

Court order mandating an individual to appear at a particular time and date with a specific reason to testify.

51
Q

Tort

A

A wrongful act that results in injury to one person by another.