terms must be covered, including the amount of time the discount will be available and all the criteria for obtaining it. Any advertisement must be capable of substantiation—in particular, the services offered must actually be delivered, and at the fees advertised. If a dentist chooses to include patients in the advertisement, the patients cannot make claims of the dentist’s professional superiority or discuss any dental condition or their recovery from it. A dental practice that includes the fabrication of dentures in its advertisement must disclose whether the dentures are preformed, custom- made, or immediate and must include all costs, including the costs of any later-needed services such as relining. Prices may be included for various grades of dentures, provided they are not misleading. If a practitioner claims to be a specialist, his or her credentials must conform to the Board-certified specialties recognized by the ADA and the State of California. These specialties include those overseen by the American Boards of Pediatric Dentistry, Dental Anesthesiology, Oral and Maxillofacial Radiology, Oral Medicine, Orofacial Pain, Orthodontics, Prosthodontics, Oral and Maxillofacial Pathology, Periodontology, Endodontics, Oral and Maxillofacial Surgery, and Dental Public Health (National Commission on Recognition of Dental Specialties and Certifying Boards, 2023). It is unprofessional conduct and a violation of the Dental Practice Act for a licensee to advertise professional superiority or to advertise the performance of professional services in a superior manner (B&P 1680i). To guarantee a result or to promise that the dentistry will be completely painless is always considered to be deceptive advertising (B&P 1680l).
committee, the results of peer review are not admissible in that lawsuit. Privacy Electronic communication (email) to patients and other healthcare providers must be secure, and any breaches must be reported according to California Civil Code Section 1798.82 as well as federal law (the Health Insurance Portability and Accountability Act of 1996 [HIPAA] and the Health Information Technology for Economic and Clinical Health [HITECH] Act of 2009). The HITECH Act requires that emails between patients and healthcare providers (including dentists) be encrypted. Advertising With new developments in dentistry and the evolution of both dental and communications technology, dental practices are competing in ever-expanding arenas. Advertising the myriad services that dentists provide can become complex and may confuse the general population. Advertising is defined to include “any written or printed communication for the purpose of soliciting, describing, or promoting a dentist’s licensed activities” (Casetext, 2023). Advertising includes radio, television, and computer network or other electronic transmission, as well as printing on any dental-care or novelty item used to promote a dental practice. The fees for dental procedures may be included in advertising, but the fee schedule must be explicit. The cost for each service must be clearly explained, and any additional service that is not included in the cost must also be disclosed. When a discount is being offered, all
PROVIDING SERVICES ON CREDIT
According to California Dental Code Section 654.3, a dentist must, before arranging or establishing a loan or credit for dental services, present to the patient for signature a document that contains specific, mandated wording. The document needs to be on one page or one Mandatory reporter obligations and identifying abuse Originally passed in 1980, California Penal Code Sections 11164 through 11174.3, known collectively as the Child Abuse and Neglect Reporting Act, were instituted to protect children from abuse and neglect and to consider the physical and psychological needs of the child victim. Under Section 11166 of this code, certain healthcare professionals are mandated to report known or suspected child abuse or neglect. Such professionals include dentists, dental hygienists, and any other person who is currently licensed under Division 2 (commencing with Section 500) of the B&P (California Dental Practice Act, 2021). Any such dental professional who “has knowledge of or observes a child, in his or her professional capacity or within the scope of his or her employment whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect” must report the known or suspected abuse to certain specified agencies (including any police department or sheriff’s department or the county welfare department) immediately or as soon as practically possibly by telephone and prepare and send a written report within 36 hours of receiving the information concerning the abuse (California Dental Practice Act, 2019d). For purposes of reporting, “reasonable suspicion” is defined to mean that “it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on the person’s training and experience, to suspect child abuse or neglect.” Reasonable suspicion
screen, and it must appear in type that is at least 14 points in size (California Dental Practice Act, 2021a). Appendix D of this course reproduces the required document as it appears in the California Dental Code.
does not require certainty of the abuse or neglect, nor does it require a specific medical indication of such abuse or neglect (California Dental Practice Act, 2019d). Signs of child abuse may include: ● Withdrawal from friends or activities. ● New behaviors such as aggression, anger, hostility, or hyperactivity. ● Changes in school performance. ● Depression, anxiety, or unusual fears. ● A sudden loss of self-confidence. ● A seeming lack of supervision. ● Frequent absences from school. ● Reluctance to leave school activities, which may be a reluctance to go home. ● Trying to run away. One sign of abuse that a dentist might find is evidence of sexually transmitted disease in the oral cavity of a minor below the age of consent. According to California Penal Code Section 11171.2(a), a dentist may take X-rays of suspected abuse of the oral cavity without the consent of a parent or guardian. Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by law is guilty of a misdemeanor punishable by a fine or imprisonment (Child Welfare Information ● Rebelliousness or defiance. ● Self-harm or suicide attempts. (Mayo Clinic, 2022)
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