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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