Term
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Definition
| set of rules established and enforced by sovereign authority |
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Term
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Definition
| division of civil law covering specific agreement between people and violations |
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Term
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Definition
| division of civil law that covers the rights and duties of people toward each other and wrongs committed in violation of these rights and duties |
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Term
| what makes a contract valid? |
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Definition
1. parties must be legally competent
2. specific act covered by the agreement must be a lawful one
3. there must be payment in the form of money or services. |
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Term
| three types of contracts and their descriptions |
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Definition
1. implied contract - made by certain actions on the part of the parties concerned
2. expressed contract - oral or written agreement
3. breach of contract - breaking of a contract occurs if either party fails to keep his part of an expressed contract, either written or oral |
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Term
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Definition
| wrongful act, except one involving breach of contract, for which the injured party can recover damages |
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Term
| when is a tort committed? |
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Definition
1. legal duty - owed by someone to another
2. duty must have been breached by the accused (accused is defendant)
3. there was damage or harm to the accuser (accuser is plaintiff)
4. damage or harm was caused directly by the accused's breach of duty. |
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Term
| when is the dentist-patient relationship est.? |
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Definition
| dentist has no obligation to the person until they accept them as a patient, even in an emergency |
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Term
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Definition
| system of laws applied to dentistry |
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Term
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Definition
| basically what is morally right and wrong |
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Term
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Definition
| standard of moral principle and practice to which a profession adheres. also known as "principle of ethics" |
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Term
| violations of code of ethics |
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Definition
1. censure, an official reprimand or disapproval
2. suspension, temp. loss of membership
3. complete loss of membership |
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Term
| factors controlling individuals prof. conduct |
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Definition
1. personal code of ethics (set for themselves)
2. code of ethics est. by profession
3. law est. by society |
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Term
| purpose of dental practice act |
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Definition
| protect the public from being mistreated or misled by imcompetent practitioners |
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Term
| specs of dental practice act |
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Definition
1. eligibility for licensure
2. grounds for suspension or revocation of license
3. admin board, state board of dental examiners to supervise the practice of dentistry
4. control of assignment duties (including expanded functions)
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Term
| function of state board of dental examiners |
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Definition
| administer and enforce the dental practice act of that particular state. also grants licenses and deals with misconduct |
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Term
| how are the members of the state board of dental examiners chosen? |
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Definition
| licensed dentists who are appointed by the state governor from a list of nominees by state dental assoc. |
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Term
| define the state board of dentistry |
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Definition
| another name for the state board of dental examiners |
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Term
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Definition
| granting of licenses expressly to practice a profession |
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Term
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Definition
| legal permission to engage in a profession or business |
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Term
| purpose of licensure/requirement for licensure |
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Definition
protect the public from unqualified or imcompetent practititioners. must be licensed by the state in which they practice.
to gain a license, meet educational requirements and more requirements and pass an exam in theory and practice |
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Term
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Definition
| agreement between two or more states to allow an individual licensed in one state to receieve, without further examination, a license in any other states entering into that reciprocity agreement |
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Term
| grounds for revocation, suspension, or refusal to renew licenses |
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Definition
1. moral turptitude (corruptness)
2. gross ignorance of inefficiency in their profession
3. drug addiction or chronic alcoholism
4. mental or physical impairment which would be harmful to those under their care
5. incompetence |
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Term
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Definition
| tasks of greater skill and responsibility which were formely performed by the dentist |
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Term
| legal mechanisms to bring authorization of EF into effect (expanded functions) |
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Definition
1. by amendment of the dental law
2. by the state board of dentistry
3. combo of legislative and regulatory action |
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Term
| operative mechanisms for assigning EF |
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Definition
"open provision" - broad and flexible definition of the scope of allowable auxillary tasks and permits the dentist to delegate any function within competence of auxillaries
"list" of permitted auxillary functions that is more rigid and restrictive approach |
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Term
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Definition
| give permission for something to be done by another |
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Term
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Definition
| obligation, under law, of one person to another |
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Term
| required duties of the dentist |
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Definition
1. be duly licensed
2. exercise reasonable skill, care, and judgement in diagnosis and treatment
3. use standard drugs, materials and techniques
4. complete agreed-upon treatment within a reasonable time
5. do not abandon the patient
6. do only those things consented to by the patient
7. give adequate instructions to the patient
8. make reasonable charge for services rendered
9. achieve a reasonable result
10. arrange care for the patient during temp. abensence
11. refer unusual cases to a specialist
12. hold inviolate the patients privacy |
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Term
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Definition
1. follow instructions both during/after treatment
2. pay "reasonable" fee agreed on between dentist and patient |
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Term
| legal duty of dental assistant |
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Definition
| use reasonable skill, care, and judgement at all times |
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Term
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Definition
| a national board examination program for dental assistants administered by the DANB |
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Term
| legal duties of the dental assistant |
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Definition
1. develop good skills and maintain them through continuing education
2. use reasonable care in all that you do
3. exercise beat judgement in all situations |
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Term
| when is the dental assistant committing a criminal act |
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Definition
| engages in the unlicensed practice of dentistry which includes performing EF which are not legal in their state |
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Term
| five factors for valid consent |
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Definition
1. one giving consent must be legally competent
2. consent must be informed
3. consent is for specific treatment
4. act consented must be legal
5. consent must not have been obtained by fraud |
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Term
| info the patient must understand in order to give informed consent |
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Definition
1. nature of condition
2. proposed treatment
3. risks involved
4. chances of failure
5. results of not proceeding
6. alternative procedures that might be employed |
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Term
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Definition
1. implied
2. expression
3. informed
4. consent by parent/guardian
5. impled in an emergency |
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Term
| when consent should be expressed in writing |
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Definition
1. when new drugs are to be used
2. when clinical testing is involved
3. when patients photograph is to be used
4. when general anesthesia is to be used
5. when minor children are to be treated in public program
6. when treatment will require more than one year to complete |
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Term
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Definition
| failure to follow instructions |
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Term
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Definition
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Term
| when should the DA carry liability insurance |
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Definition
| provides direct patient care in order to avoid malpractice suits against themselves |
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Term
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Definition
| legal time limit within which a civil suit for an alleged wrong, such as malpractice, must be filed |
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Term
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Definition
| written document commanding a person to appear in court under penalty for failure |
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Term
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Definition
| dentist in office but evaluate patient at a later time |
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Term
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Definition
| dentist in office but evaluate patient at a later time |
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Term
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Definition
| dentist has authorized procedure, but is not necessarily in the office |
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Term
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Definition
| wrongful act, intentional or inadvertent, involving contact between people which is not consented to, not permitted, by social usage (even w/o injury) |
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Term
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Definition
answerable, responsible and legally bound as to make good any loss or damage.
writing something which might destroy a reputation |
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Term
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Definition
| responsibility; obligation according to law |
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Term
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Definition
| insurance coverage carried by the professional to protect themselves against legal action |
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Term
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Definition
| say or write something which will damange, or destroy an individuals reputation |
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Term
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Definition
| professional misconduct or unreasonable lack of skill in performance of professional duties |
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Term
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Definition
| failing to do something that a reasonable person would do |
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Term
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Definition
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Term
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Definition
| desertion; not being accesible to a patient under treatment at any time the patient may require assistance |
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Term
| admissions against interest |
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Definition
| statement made by individual which serves to defeat his own interests |
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Term
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Definition
| part of the action; statement by anyone made spontaneously at the time of alleged negligent act |
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Term
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Definition
| knowledge plus the ability to use such knowledge |
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Term
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Definition
| saying something which might destroy a reputation |
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Term
| why does the dentist est. fees? |
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Definition
| to be effective in providing good oral care, they must earn an adequate income |
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Term
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Definition
| charges for professional services rendered which represent the dentist's earnings |
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Term
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Definition
| law regards a fee to be reasonable when it is a customary and ordinary change for a particular service |
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Term
| ways in which claims for breach of contract or malpractice regarding fees can be avoided |
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Definition
1. financial discussions should be held in privacy
2. financial act concerning the patients ability and willingness to pay should be gathered at the time of visit
3. estimate sheet may be made up for that patient |
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Term
| elements to est. a reasonable fee |
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Definition
1. salaries
2. dental supplies
3. lab costs
4. rent
5. utilities
6. cleaning and maintence
7. equip. purchase and repair |
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Term
| patients who are NOT responsible for payment of dental services |
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Definition
1. minors
2. mental incompetents
3. patient must be in legal custody of person giving consent |
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Term
| securing payment of a delinquent account |
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Definition
1. collection letters
2. collection telephone calls
3. collection agencies |
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