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charges you know in previous yearsthose of course would could deny warrant denial of a license aiding and abetting of a licensed DDS DA RDA RDAEF the dental sedation assistant permit the oral or excuse me orthodontic assistant permit the RDH theRDHEF the registered dental hygienist in alternative practice so aiding and abetting those dental health team members to perform in a negligent or incompetent manner is unprofessional conduct so if you allow the your colleagues to perform illegal or negligent or incompetent dentistry you are aiding and abetting them you’re supporting them in this behavior so that is unprofessional conduct and you know if hopefully they are discovered and you know brought before the board and reported and if you’re have just turned when as they say you know turned away from the situation you in even if you did not participate in the negligent or incompetent performance of our

manner of dentistry you know that would be unprofessional and that would be unethical definitely unethical on your partfor dentists failure to report in writing within seven days the death of a patient that also includes any treatment related to not only dental treatment but including dental hygiene treatment so if that happens the dentist is required within seven days there are probably a lot of other law enforcement agencies are going to do that as well but this is just part of the dental law continuing with unprofessional conductthe participating or operating in any group advertising or referral service again dentists are allowed to market their practices and so there they do need to be careful about proclaiming superiority or false advertising failure to use a fail-safe machine for nitrous oxide oxygen administration I just want to comment again that I am following the exam RDA exam plan so sometimes it may seem







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dental implant images

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waiting for a crown the dentist is obligated legally obligated to finish that tooth or teeth for that treatment or they’re waiting on a dental appliance they are legally obligated to finish that treatment and so if they are going to dismiss a patient they need to have whatever ongoing treatment they need to complete it and then they need to dismiss them with a letter and offer them a referral which is usually linked to the local Dental Society you know but that’s the type of referralnext we have look more unprofessional conduct willful misrepresentation of facts relating to a disciplinary action so this would be if a person is investigated of course being deceitful or downplaying what the situation was or lying about a situation and this could be also to the patience of someone who has been disciplined by the Dental Board you don’t have to put a sign up in your window but you know usually you know people hear in the community

you know what’s what’s happening with their dentist and physician and you know grocery store owner and so forth and wherever they do business so you do have to be truthful use of fraud in procurement of a license so examples of this would be the exam conduct when taking an exam or with license renewal so when you renew your license we are signing that under penalty of perjury that that we have indeed met the requirements so when you go tocontinuing education courses usually the presenters or the organization that sponsoring the presenter will give you a continuing education certificate those are kept by the license holder but on occasion the dental boards will do a random audit and then you may have to send those in so you want to hold on to those any action or conduct that would warrant denial of a license so if you have outstanding warrants or you are a fugitive or you have unprofessional conduct







dental implant vs dentures

dental implant abutment

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comes to practice from another state it is unethical unprofessional and illegal for them to practice dentistry with a suspended or revoked license in another state and remember California doesn’t have reciprocity anyway so they can’t you know use their license from that other state but according to this specific unprofessional conductregulation they cannot practice here even with a suspended or revoked license from another state alteration of a patient’s record with intent to deceive so in this unprofessional conduct this means that whether you have a paper record or a digital record you’re not going to change a patient’s record to to deceive either if records are asked to be for some type of investigation you never want to use whiteout because that kind of looks like you’re trying to hide something right and so you don’t want to use wideout on a patient record if you are computerized records using computerized records in

your office then you want to make sure that only certain people have access to those records and let’s see what else here I think that’s it there okayunsanitary or unsafe office conditions and I believe that is also kind of obvious as what would be customary practice and standards of the dental profession you want to follow infection control standards the office should be dirty be infested with critters have boxes all around or equipment in that needs repair food stored where there are dental products those types of situations abandonment of a patient without written notice so this type of unprofessional conduct means that you can’t just tell a patient you can’t come here anymore maybe the patient’s a difficult patient maybe they’re not paying their bill now a dentist can dismiss a patient from a practice but they have to be very careful how that’s done so if a patient is in treatment maybe they have a provisional and they’re







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safety certificate or license they cannot take x-rays even if they are they have a lot of experience it is illegal for them to obtain radiographs excessive prescribing or administering of drugs or treatment diagnostic procedures or excessive use of diagnostic or treatment facilities so this unprofessional conduct has to do with excessiveness there now we have a computerized method of prescribing drugs in California and probably other states so it’s tracked so if there’s excessive prescribing or sometimes even a pharmacist it’s their ethical duty to watch that as well excessive prescribing or administering of drugs is unprofessional conduct and certainly unethical because it could cause harm to the patient or diagnostic procedures like telling a patient well you know you need x-rays every time you come to visit remember they’re evidence base it’s not just on a calendar method or that every patient who new patient who walks in the door

needs SRP that’s not evidence-based or excessive use of treatment facilities in California a dentist can have multiple offices but there is there are requirements as to how close these offices are and you know the communities that they servenext threats or harassment of a patient or licensee that provides evidence for unprofessional conduct so a dentist cannot harass or threaten a patient or a licensee that reports the dental practice the dental officefor unprofessional conduct so they can’t threaten them with their job or verbally or dock their wages or anything like that if they are reportingunprofessional conduct to the dental board and reporting to the demo board can also be anonymous but again a dentist cannot threaten or harass patient or a licensee for that for reporting continuing on with unprofessional conduct practicing with suspension or revocation of a license in another state so if someone







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not that would be professional superiority or they are the only dentist in so-and-so city that performs thisprocedure they have to have you know some facts some information to back that up so there are many general dentists whoperform orthodontics who perform limited oral surgery who perform limited periodontics but they cannot call themselves an orthodontist aperiodontist a maxillofacial oral surgeon next the violation of laws regarding procurement dispensing or administration of drugs so in that case there are many laws we’ll look at a couple of these in a moment only the dental the dentist excuse me only the dentist in the stateof California can dispense or prescribe drugs of any type so or administer drugs so only the dentist has is that allowed under their scope of practice all right another slide of unprofessional conduct so this has to do with dental radiography so any person who is going to

operate in any manner radiographic dental radiographic equipment must be certified by the state to do so so you must have we’ll look at this and also in detail in a moment remember I’m following the exam outline so if it kind of looks like it’s jumping around it is all right so a person must be certified orsometimes known used to be known as a license to operate equipment that means placing the sensor or the film that means hitting the button you must have be certified by the state to do so and in regards to students even if there is a dental student maybe they don’t have their certificate whether they’re dental students if they have graduated from their programs and for some reason don’t have their certificates yet they cannot they’re working in an office they cannot operate the dental radiography geographic equipment if they were licensed or certified in another state if they do not hold a California radiography







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and so you know or extract a primary tooth that is illegal that would be a licensed person practicing dentistry unlawfullyother unprofessional conduct would be committing acts of sexual abuse misconduct or relations with a patient so in the practice of Dentistry and I hope that just speaks for itself if this kind of conduct should not be happening or any dental health care team engaging with a patient in a dental practice use of a false or a fictitious name so that would be either as an individual or a firm or corporation and any name other than the name that’s on their license now there is some leeway if a dentist decides to name their practice other than their name like maybe they’re gonna say blue sky dental practice if they decide to go that way they do have to file a form probably pay a fee to the Dental Board of California to register that particular name for their dental practice receiving commissions or

rebates so itis unprofessional conduct for a dentist and that would even be RDA RDAEF receiving commission or rebates for products that are may be sold or used in the dental office now it is allowed in dentistry for products to be in an office and then those products to be sold to the patient that happens many times with fluoride or power brushes however the office the dentists any dental auxiliary cannot be receiving what’s commonly known as a kickback for selling the product in the office advertising to deceive or mislead the public including professional superiority so while marketing ispermitted in dentistry how that’s done so it is unprofessional conduct to market your dental practice as painless dentistry that’s usually impossible and this would be a type of unprofessional conduct or professional superiority so if a dentist were to claim that they are a specialist in a particular specialty of Dentistry when they are







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corporation hire someone with suspended a student or unlicensed dentist or auxiliary and allows them to work you’ll see this and the next two lines here are next to bullets in a capacity of a licensed individual that is unprofessional conduct and can result in penalty and finesaiding and abetting of an unlicensed person to practice dentistry so in California we do not have reciprocity with other states or countries for practicing dentistry in California you can look up on the Dental Board website of California or your state there are some exceptions but it’s very limited to DDS and volunteering and the community but very limited limitedpractice soyou can its the dentist and the dentist dental corporations responsibility to actually make sure the person is licensed to practice dentistry and again an example of unprofessional conduct would be oh my sister is a dentist maybe in another country or another state so they’re

coming for the summer just to work in my dental office and perform dentistry and that is an example of unprofessional conduct and illegal practice next aiding-and-abetting of licensed person to practice dentistry unlawfully and summary of this particular unprofessional conduct is that allowing the dental health team to practice outside of their scope of practice so if you’re my student or you are in California you want to review the Dental Practice Act because it’s very specific as to the scope of practice for the DA the unlicensed auxiliary the RDA the registered dental assistant which is licensed the RDAEF and of course the registered dental hygienists level scope of practice as well but we’re going to focus on the DA RDA and RDAEF so there have been lots of cases you can see hot sheets for dentists allowing license like the the DA the RDA RDAEF to perform scaling no you cannot scale pediatric patients that is illegal







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dental implant healing cap

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one one thing that’s happened that has happened over several years now is that we have testing companies that usually administer the State Board Exam and they’re very strict about their policies when you go to take an exam so I think it’s obvious no cell phones they have a locker for your keys you cannot wear bulky clothing because you could be sneaking in notes you can’t wear a hat you can’t wear clothing that identifies you in association with a dental school any college or university in anything kind of in dentistry or possibly in dentistry if you somehow somebody said hey I have a copy of the RDA exam that is considered unprofessional conduct which could result in penalties or fines and so that is also part of the unprofessional conduct for licensing exams impersonating an examinee or having an impersonator take the licensing exam on one’s behalfall part of unprofessional conduct regarding licensing or exams

writing anything or talking during the exam is also unprofessional conduct obtaining fees by fraud or misrepresentation so while this specifically has to do with the dentist it’s possible that an auxiliary could actually participate in something of this nature so an example would be charging the insurance company for treatment that wasn’t rendered and once in a while you see this on TV you know that the FBI or law enforcement went into a dental usually law enforcement excuse me went into a dental office and removed computers and so forth because after looking at claims by dentists it looked like how can a person they only have 32 teeth at the most but they keep having all these restorations and they look for a pattern so that would be obtaining fees by fraud ormisrepresentation direct or indirect employment of any suspended student or a licensed dentist or auxiliary so if a DDS knowingly or our dental







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depending on the seriousness there could be imprisonment there be jail time fines can be anywhere from five hundred dollars to several thousand dollars suspension meaning your license is taken away for a period of time or revocation again just depending on the seriousness of the unprofessional conduct it could be taken away for life never to practice again in California on the Dental Board of California’s website they’ve redesigned it so if you’re watching this and you’ve been in California for a while they have a new design to their website and there is a button on the home page called enforcement actions when you click on that button you go to a section where they have what’s called hot sheets and these are public records of dental professionals so to speak I’ll say professional lightly who have engaged in unprofessional conduct and it gives their name and where they live you know the area what they didmany

times we’ll see people writing prescriptions for drugs for themselves auxiliaries actually stealing prescriptions and using them forthemselves and friends and family practicing performing dentistry outside of the scope of practice there was one I read once about someone impersonating another person to go in and take the exam a state board exam for the person so there are manyconduct conduct excuse me that people engage in that certainly is unprofessional potentially harmful to themselves and to their patients so we’re gonna have several slides of unprofessional conduct one of them has to do with licensing exams and the conduct in taking an examination license so again this is for dentistry or for an RDAor RDAEF or RDH and so using unauthorized materials in a testing facility sneaking in you can call itdishonesty basically I’m going to just be very blunt here it’s about cheating cheating during state board exams so







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names so privacy is a very important aspect of HIPAA abuse and neglect in dentistry so in California if you hold a dental license so the DDS the RDA the RDAEF the RDH RDHAP you are a mandated reporter of abuse and neglect of a patient so a patient comes in and they have signs of being abused and neglectedaway from the dental office not something that happens in the dental office certainly you should be reporting that as wellbut we are a mandated reporter now I have heard interpretation that even if you hold a dental radiography certificate it’s considered a license even though these days we call it a certificate and so then that kind of makes all the clinicians the DA RDA RDAEF DDS RDH RDHAP everyone a mandated reporter for not only children but also elders and it specifically refers to children and elders now this is an example sad and serious example of an ethical situation if you are the chairside assistant and

you see signs of abuse and neglect you’re a mandated reporter but you alsoshould go tell the dentist now if the dentist says oh I don’t want to be involved then this is an ethical choice that you have to make this is an ethical situation you have to decide to comply with being a mandated reporter and then what the dentist is saying and so it’s a it’s a personal choice it’s an ethical choice that that you would have to makeother areas that we’re gonna look at that deal with law and ethics is unprofessional conduct unprofessional conduct there are a number of behaviors by the dentist by the dental auxiliaries that can result in penalties and fines possible suspension or revocation of a license or there may be requirements to attend diversion programs diversion programs meaning to assist people in maybe alcohol and drug rehab or community service anger management those types of programs penalties and fines







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