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RDA > Week 1 Ch 5 > Flashcards

Week 1 Ch 5 Flashcards

1
Q

Define abandonment

A

Withdrawing a patient from treatment without getting reasonable notice or providing a competent replacement

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2
Q

Administrative law

A

Category of law that involves regulations established by government agencies

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3
Q

Board of dentistry

A

State agency that adapts rules and regulations and implement the specific dental practice act

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4
Q

Define child abuse

A

Any act that endangers or impairs a child’s physical or emotional health or development

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5
Q

Define civil law

A

Category of law that deals with relations of individuals corporations or other organizations

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6
Q

Define contract law

A

Category of law that involves an agreement for services in exchange for a payment

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7
Q

Define criminal law

A

Category of law that involves violations against the state or government

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8
Q

Dental auxiliary

A

Dental assistants dental hygienist and dental laboratory technicians

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9
Q

Define direct supervision

A

Level of supervision in which the dentist is physically present when the dental auxiliary performs delegated functions

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10
Q

Define due care

A

Just, proper and sufficient care or the absence of negligence

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11
Q

Define elder abuse

A

Includes physical or sexual abuse financial exploitation emotional confinement passive neglect or willful deprivation of an elderly person

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12
Q

Define expanded functions

A

Specific intraoral functions delegated to an Auxiliary that require increased skill and training

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13
Q

Define expressed contract

A

A contract that established Through verbal or written words

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14
Q

Define felony

A

A major crimes such as fraud or drag abuse conviction can result in imprisonment of one year or longer

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15
Q

Define general supervision

A

Level of supervision in which the dental auxiliary performs delegated functions according to the instructions of the dentist who is not necessarily physically present

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16
Q

HIPAA

A

The health insurance portability and accountability act of 1996 specifies federal regulations and sharing privacy regarding a patient healthcare information

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17
Q

Define implied consent

A

Type of consent in which the patient actions indicates consent of treatment

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18
Q

Define implied contract

A

Contract that is established by actions not words

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19
Q

Define informed consent

A

Permission granted by patient after he or she is informed about the details of a procedure

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20
Q

Define infraction

A

Minor offense that usually results in only a fine

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21
Q

Define Licensure

A

License to practice in a specific state

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22
Q

Define malpractice

A

Professional negligence

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23
Q

Mandated reporters

A

Designated professionals who are required by law to report known or suspected child abuse

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24
Q

Misdemeanor

A

Offense that may result in imprisonment of six months to a year

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25
Q

Patient of record

A

Individual who has been examined and diagnosed by the dentist and has had treatment plan

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26
Q

Reciprocity

A

System that allows individuals and Wednesday to Tina license in another state without retesting

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27
Q

Res gestae

A

Latin for “ Things done” Statements made by a person present at the time of an alleged negligent act that are admissible as evidence in court of law

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28
Q

Res ipsa loquitur

A

Latin phrase for “ The thing speaks for itself”

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29
Q

Respondeat Superior

A

Latin for “let the master answer” a legal doctrine that holds an employer liable for acts of the employee

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30
Q

Spousal abuse

A

Domestic violence intentionally inflicted by family member or members

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31
Q

Standard of care

A

Level of knowledge skill and care comparable with that other dentist who are treating similar patients under similar conditions

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32
Q

State dental practice act

A

Document of law that specifies legal requirements for practicing dentistry in a particular state

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33
Q

Statutory law

A

Law enacted by legislation through US Congress state legislature or local legislative bodies

34
Q

Tort law

A

Involving an act that brings home to a person or damage to property

35
Q

Define written consent

A

Consent that involves a written explanation of diagnostic findings Prescribed treatment and reasonable expectations about treatment results

36
Q

Statutory law consist of two types

A

Criminal law and civil law

37
Q

Come in a license to punish the offender but civil law six to compensate the victim for example

A

A dental assistant who performs a procedure that is not legal is in violation of criminal law insurance fraud is another example of a criminal act that may be committed in a dental office

38
Q

Criminal offenses are classified as Follows

A

felony

Misdemeanor

Infraction

39
Q

Classifications of civil law that affect the practice of dentistry are as follows

A

Contract law:binding agreements

Tort law: involves acts that bring harm to person or property ( malpractice suit)

Administrative law: involves regulations by gov-agencies

40
Q

Contract law include

A

Expressed contracts : Agreements established by writing or verbally
Implied contracts: Established by actions not by words

41
Q

What are the two types of statutory law

A

Civil and criminal law

42
Q

What is the difference between an act of omission in an act of commission

A

Omission- not doing Something That should have been done
Failing to recognize periodontal disease

Commission-Doing some thing that should not have been done
Taking out the wrong tooth causing nerve injury during extraction

43
Q

What is the difference between an expressed contract and an implied contract

A

Expressed contracts are established through written word or verbal agreement

Implied contracts are established by actions

44
Q

Contents of a typical dental practice act

A

Requirements for licensure

Requirements for Licenser renewal

Grounds for suspension or revocation of a license

Requirements for continuing dental education

Duties to be delegated for dental assistants and dental hygienist

Infection control regulations

Requirements for the use of radiation and qualifications for healthcare professionals who expose dental radiographs

45
Q

What is licensure by credential

A

Allows an individual who is currently licensed in one state to become licensed in another state if certain requirements are met.
for example requirements such as never having a license suspended or revoked

or having been in practice for a specified amount of years or

having been a faculty in a dental school or

having completed a specific number of continuing education units

46
Q

What is the purpose Of licensure

A

Is to protect the public from unqualified or incompetent practitioners

47
Q

What authority does a state board of dentistry have

A

Has the Authority not only to issue a license but also to revoke suspend or deny renewal of a license

48
Q

What is meant by reciprocity and licensure by credential

A

Reciprocity- two or more states allow a dentist or hygienist licensed in one state to receive license in the other without further exams

Licensure by credential - individual licensed-in another state is eligible to have license in another state if requirements are met

49
Q

 Example of respondeat superior

A

In a dental practice this means that the patient May sue the dentist for an error committed by the dental assistant

50
Q

The following terms are used often in dental practice acts

A

Patient of record

Direct supervision

General supervision

51
Q

What does respondeat superior mean

A

Employer is responsible for any harm caused by the actions of the employee by the employee is king at the business of the employer

52
Q

What is the difference between direct supervision and general supervision

A

Direct supervision - dentist is physically present in the office at time the licensed dental auxiliary does a procedure

General supervision- indirect supervision where the dentist delegates specific procedures that can be preformed by qualified auxiliary

53
Q

Accidental assistant you may legally perform only those functions that have been delegated to you under the dental practice act of the state in which a practice however if the dentist ask you to perform an expanded function that is not legal in your state and you choose to do so you are committing

A

Criminal act

54
Q

Expanded functions delegated to qualified dental assistants

A

Inspecting oral cavity with mouth mirror

Applying topical anesthetics

Polishing Coronal surfaces of teeth

Assisting with administration of nitrous oxide

Applying topical anti-carcinogenic agents

Setting trial endodontic file points

Determining root length and endodontic file length

Making impressions for study casts

Removing sutures

Performing preliminary oral examinations

Placing and removing matrices And wedges

Placing and removing temporary or sedated restorations

Placing and removing temporary crowns and bridges

Preparing teeth for etching

Placing and removing rubber dams

Placing condensing in carving amalgam restorations

Placing and finishing composite resin restorations

Applying cavity liners and bases

Apply pit and fusion sealants

Placing and removing orthodontic arch wires brackets and bands

55
Q

What is meant by abandonment

A

Refers to discontinuation of care after treatment has begun but before it has been completed

56
Q

Call a dentist refuse To treat a patient only because he or she has HIV infection

A

No

57
Q

What are the “four D’s” necessary for a successful malpractice suit

A
  1. Duty - dentist- patient ridationship must exist to establish duty
  2. Derelict- lacking a sense of duty and is negligent
  3. Direct cause _ The negligent act was the direct cause of the injury
  4. Damages -Pain and suffering loss of income and medical bills are included in damages
58
Q

What does res ipsa mean?

A

“The act speaks for itself” evidence is-clear that malpractice was done

59
Q

What are the best defenses against a malpractice suit

(Risk managment)

A
  1. excellent communication with patients
  2. maintain accurate and complete records
  3. Receiving informed consent
  4. Doing everything possible to maintain the highest standards of clinical excellence
60
Q

Patients are less likely to initiate a lawsuit when they have a clear understanding of the following

A

Planned treatment

Reasonable treatment results

Potential treatment complications

Their own financial obligations

61
Q

Dental assistant must never

A

Make critical remarks about dental treatment rendered by an employer or another dentist and never discuss other patients and avoid discussing the dentist professional liability insurance

62
Q

Statements made spontaneously by anyone at the time of an alleged negligent act or admissible as

A

Evidence and may be damaging to the dentist and dental assistant

Comments like “whoops” or “uh-on”Me and necessarily frightened the patient and should be avoided

63
Q

What is meant by res gestae?

A

Statements made spontaneously by anyone at the time of elected negligent act

Quotation marks things done quotation mark

64
Q

When a patient enters a dentist office the patient gives

A

Implied consent for a dental examination at least

65
Q

There’s a patient refuses propose treatment the dentist must

A

Inform the patient about the likely consequences and must obtain the patient’s informed refusal

66
Q

The guidelines for informed consent

A

Nature of the proposed treatment including the cost and expected time for healing

Benefits of the proposed treatment as well as the consequences of not having the treatment

How many severe risks associated with the proposed treatment

Reasonable alternatives to the proposed treatments including risks and benefits of each alternative

67
Q

The dentist does not have a duty to disclose information about propose treatment in the following situations

A

The patient asks to not be advised

The procedure is simple and straightforward and life-threatening risks are remote

Treatment risk is minor and treatment rarely results in serious adverse effects

Information would be so upsetting that the patient would be an able to weigh risks and benefits rationally this is known as the therapeutic exception

68
Q

Clinical situations that require written informed consent

A

New drugs are used

Experimentation or clinical testing is involved

Patients identify viable photograph is used

General anesthesia is administered

Minors are treated in a public program

Treatment takes longer than one year to complete

69
Q

Informed consent form should contain the following

A

Nature of the proposed treatment

Benefits and treatment alternatives

Risks and potential consequences associated with not performing treatment

Other information as necessary for particular case

And this form should be signed by the patient the dentist and a witness

70
Q

Why should broken appointments be noted on the patient’s chart

A

Documentation of broken and canceled appointments help protect the practice from legal recourse should a patient claim negligence against the dentist

71
Q

What is included in patient records

A

All examinations diagnosis radiographs consent forms updated medical histories copies of medical laboratories prescriptions and correspondence to or about a patient our file together in the patient’s folder financial information is not included in the patient chart

72
Q

Who owns dental Records

A

Technically the dentist owns a patient records in radiographs however in some states patients have the right to access and retrieve records

73
Q

What are the guidelines for charting entries and clinical records

A

Keep a separate chart for each patient

Business and financial information is not part of the clinical record do not include these record in the chart

It is better to Chart too much information than to little

Make the chart and three during the examination or patient visit the longer the time between the procedure in the trading entry the greater the chance for error

Write legibly and record the entry accurately and ink date and initial the entry

The chart entry should be sufficiently complete to indicate that nothing was negligent this includes the reason for the visit the details of the treatment provided and a record of all instructions to the patient prescriptions and referrals

Never change the chart after a problem arises if it’s hurting error occurs correct it properly


74
Q

Approximately 75% of child abuse injuries involve the

A

Head neck or mouth area

75
Q

Acts of child abuse include

A
  1. Physical abuse
  2. Emotional abuse
  3. Emotional deprivation

4,physical neglect

5- sexual abuse or exploitation

76
Q

Elderly abuse can you be

A

Physical sexual or emotional can consist of passive neglect willful deprivation most commonly financial exploitation

77
Q

Hey Vero indicators of child abuse and neglect

A

Child is wary of adult Contacts

Child is apprehensive when other children cry

Child is afraid to go home

Child is frightened of parents

Child exhibits overly compliant passive and demanding behaviors to avoid confrontation with abuser

Child lacks and development of motor skills toilet training socialization or language

Entreated rampant caries that is easily detectable by a lay person

Entreated pain infection bleeding or trauma affecting the oral facial region

Injuries or tears to the labial frenum indicating forced feedings

display cigarette burns or bite marks

Child displays cuts bleeding or finger marks on ears

Child is dressed inappropriately for whether to conceal bruises or injuries

Child shows evidence of poor supervision such as repeatedly falls downstairs repeated ingestion of harmful substances are being left alone in a car or on the street

Mentally or physically disabled children are especially vulnerable and are often targets for abuse because of the difficulties caregiver space and meeting the needs of these children

78
Q

Until neglect consists of the following

A

Untreated rampant caries easily detected by a person

Chronic pain

Delay in a child’s growth

Child’s difficulty with our inability to perform daily activities such as play or going to school

79
Q

Immunity means

A

states that legally mandated reporting child spousal or elder abuse immunity is granted to dental professionals meaning they cannot be sued for reporting suspicions

80
Q

Define jurisprudence

A

The laws and the interpretation of those laws that apply to and affect the dental profession

81
Q

What is the mission of the tsbde

A

RDA (22 decks)

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