Dental License Defense | Legal and Regulatory Changes

Dentistry is a constantly evolving field, and dental professionals must stay up-to-date with legal and regulatory changes to provide safe and effective care to their patients. In addition to staying current with clinical developments, it is equally important for dental professionals to stay informed about legal and regulatory changes that may impact their license defense. This article will explore recent changes to laws and regulations that impact dental practices and provide strategies for dentists to navigate these changes to avoid license defense issues.

Changes to Opioid Prescribing Laws About Dental License

Opioid prescribing laws have undergone significant changes in recent years due to the opioid epidemic in the United States. Dentists who prescribe opioids must stay informed of these changes and ensure that they comply with new laws and regulations.

In 2016, the Centers for Disease Control and Prevention (CDC) issued guidelines for opioid prescribing for chronic pain, which recommended non-opioid alternatives as the preferred treatment for chronic pain. These guidelines also recommended that opioids be prescribed at the lowest effective dose for the shortest duration possible. Many states have adopted these guidelines and implemented laws and regulations related to opioid prescribing.

Some potential license defense issues related to opioid prescribing include overprescribing, prescribing to patients with a history of drug abuse, and failing to properly document prescriptions. Dentists who are found to have violated opioid prescribing laws may face disciplinary action, including suspension or revocation of their license. Strategies for dentists to comply with new laws and regulations related to opioid prescribing include attending continuing education courses on pain management, prescribing alternatives to opioids when possible, and using prescription drug monitoring programs to identify potential abuse.

Updates to State Dental Board Procedures

State dental boards have also undergone significant changes in recent years, which may impact dental license defense. Changes may include updates to complain procedures, investigation processes, and disciplinary actions. It is important for dentists to stay informed about these changes to ensure that they understand the procedures that the dental board follows in license defense cases. Many dental boards now offer resources and information for dental professionals to stay informed about updates to board procedures.

Some potential license defense issues related to changes in dental board procedures include failing to respond to a complaint, failing to cooperate with an investigation, and providing false information to the board. Dentists who are found to have violated dental board procedures may face disciplinary action, including suspension or revocation of their license. Strategies for dentists to navigate new board procedures and protect their licenses include responding to complaints in a timely and appropriate manner, cooperating with investigations, and seeking legal advice when necessary.

Ethical Guidelines Updates

Ethical guidelines for dentists have also undergone changes in recent years, which impact dental license defense. The American Dental Association (ADA) Code of Ethics is a set of principles that guides dentists’ conduct and ethical decision-making. The ADA Code of Ethics is revised periodically to reflect changing ethical standards in the profession. Dentists who violate ethical guidelines may face disciplinary action, including suspension or revocation of their license.

Some potential license defense issues related to violations of ethical guidelines include failing to obtain informed consent, breaching patient confidentiality, and engaging in fraudulent billing practices. Strategies for dentists to stay informed about and comply with updated ethical guidelines include attending continuing education courses on ethics, seeking guidance from the ADA or state dental board, and establishing a compliance program.

Changes in Telehealth Regulations of Dental License

Telehealth is becoming more prevalent in dental practice, especially in light of the COVID-19 pandemic. However, changes in telehealth regulations may impact dental license defense. Dentists who provide telehealth services must comply with federal and state laws and regulations governing telehealth. Some potential license defense issues related to telehealth include:

Licensure and Scope of Practice

One of the most critical issues to consider when practicing telehealth is ensuring that you have. The appropriate licensure and are practicing within your scope of practice.

Dentists must hold a valid license to practice dentistry in the state where the patient is located to offer telehealth services. In addition, dentists must ensure that they are practicing within the scope of their dental license.

Informed Consent

Informed consent is a critical component of telehealth services. It is essential to obtain informed consent from patients before providing telehealth services. Dentists must explain the limitations of telehealth, potential risks, and benefits, and the patient’s right to refuse or terminate treatment at any time. Failure to obtain informed consent could result in a license defense claim.

Data Privacy and Security

Data privacy and security are critical concerns for telehealth services. Dentists must ensure that they comply with federal and state laws and regulations governing patient data privacy and security, such as HIPAA (Health Insurance Portability and Accountability Act). Dentists must also ensure that they use secure technology and platforms to protect patient information.

Technical and Equipment Issues in Dental License

Technical and equipment issues can pose significant challenges to providing telehealth services. Dentists must ensure that they have the necessary equipment and technology to offer telehealth services. They must also ensure that they have the technical skills to use telehealth platforms correctly. Technical errors or failures could result in license defense claims.

Standard of Care of Dental License

Dentists must ensure that they meet the same standard of care when providing telehealth services as they do in-person services. They must maintain accurate and complete records of the telehealth visit, including the patient’s medical history, symptoms, and diagnosis. Failure to provide the appropriate standard of care could result in a license defense claim.

Strategies for Dentists to Comply with New Telehealth Regulations

Dentists should stay informed about federal and state telehealth regulations to ensure that they comply with the latest requirements. They should monitor changes in telehealth regulations and adapt their practices accordingly. Dental organizations and associations can be valuable resources for staying informed about telehealth regulations.

Staying informed about changes and complying with regulations is important for both dental and nursing professionals to avoid potential license defense issues. Seeking the guidance of experienced legal professionals may also be helpful in nursing license defense proceedings.

Dentists should obtain informed consent from patients before providing telehealth services. They should explain the potential risks and benefits of telehealth, the limitations of the technology. The patient’s right to refuse or terminate treatment at any time. Informed consent should be obtained in writing or recorded to protect the dentist from potential license defense claims.

Dentists must use secure technology and platforms to protect patient information. They should ensure that the telehealth platform complies with HIPAA regulations and has appropriate security measures, such as encryption and authentication. They should also ensure that they have the necessary technical skills to use the platform correctly.

Dentists should maintain accurate and complete records of telehealth visits, including the patient’s medical history, symptoms, and diagnosis. They should document any discussions with the patient, informed consent, and any recommendations or follow-up care. These records are essential in defending against any license defense claims.

Conclusion

Telehealth services offer a convenient way for dentists to reach patients who may not have access to in-person services. However, telehealth services also come with unique challenges that must be addressed to avoid license defense claims. Dentists must ensure that they comply with federal and state laws and regulations governing telehealth and take steps to protect patient data privacy and security.

They should also maintain accurate and complete records of telehealth visits. Provide the same standard of care as in-person services. By following these strategies, dentists can comply with new telehealth regulations.

Avoid potential license defense issues.

Firstly, dentists should ensure that they have access to reliable and secure technology that allows them to provide telehealth services. This may include video conferencing platforms or secure messaging applications. Dentists should also make sure that their patients have access to the necessary technology and that they are comfortable using it.

Secondly, dentists should establish clear guidelines and policies for telehealth services, including establishing the types of services that they can provide remotely. Scheduling appointments, and implementing measures to protect patient privacy and security.

Dentists should also ensure that they have informed consent from patients before providing telehealth services and that patients understand the limitations of remote services.

Thirdly, dentists should ensure that they are properly licensed and authorized to provide telehealth services in their state. This may require obtaining additional licenses or certifications, depending on the specific state regulations. Dentists should also be aware of any restrictions on telehealth services. Such as limitations on prescribing certain medications or performing certain procedures remotely.

Fourthly, dentists should document all telehealth services provided, including any communication with patients, diagnoses, treatment plans, and prescriptions. This documentation should be stored securely and in compliance with state and federal privacy laws.

Finally, dentists should stay informed about any updates or changes to telehealth regulations and adjust their practices accordingly. This may include participating in continuing education courses. Joining professional organizations that provide updates on telehealth regulations, and consulting with legal professionals when necessary.