____________________________________________________ DCA02CA The California Dental Practice Act
A. A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. B. An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Divi- sion 2. C. A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. D. A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. E. A place of practice, as defined in Section 1658 of the Business and Professions Code. F. Another medical facility where surgical proce- dures are permitted to take place, including, but not limited to, the office of a health care practitioner. 5. If a health care practitioner prescribes, orders, admin- isters, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2. 6. A. If all of the following circumstances are satisfied: (i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner. (ii) Another health care practitioner or des- ignee authorized to access the CURES database is not reasonably available. (iii) The quantity of controlled substance
9. If consultation of the CURES database would, as determined by the health care practitioner, result in a patient’s inability to obtain a prescription in a timely manner and thereby adversely impact the patient’s medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use. (d) 1. A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. 2. This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioner’s liability for the negligent failure to diagnose or treat a patient. (e) All applicable state and federal privacy laws govern the duties required by this section. (f) The provisions of this section are severable. If any provi- sion of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
REPORTING OF ABUSE AND NEGLECT
prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the direc- tions for use and no refill of the controlled substance is allowed.
In accordance with California Penal Code Section 11165.7, dentists, dental assistants, and dental hygienists are mandated reporters of child abuse and neglect [3]. Reporting suspected abuse is not only an ethical duty but is also a legal obligation. CHILD ABUSE AND NEGLECT REPORTING LAW Section 11164. (a) This article shall be known and may be cited as the Child Abuse and Neglect Reporting Act. (b) The intent and purpose of this article is to protect children from abuse and neglect. In any investigation of suspected child abuse or neglect, all persons participating in the investigation of the case shall consider the needs of the child victim and shall do whatever is necessary to prevent psychological harm to the child victim. Section 11166. (a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in the mandated reporter’s professional capacity or within the scope of the mandated reporter’s employment, has knowledge of or observes a child whom the mandated
B. A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patient’s medical record. 7. If the CURES database is not operational, as deter- mined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioner’s control. 8. If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.
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