Category: Legal Issues

A new Ohio law mandating e-prescribing went into effect Friday, Sept. 23. The law requires prescriptions for schedule II-controlled substances to be done electronically, however, those prescribers who write 50 or fewer schedule II prescriptions per year are exempted from the requirement. There are also exceptions in situations where it is ... [continue reading]

If you have read my columns in the past, you know that a consistent point that I have brought up is that documentation is key in the dental office. If it isn’t documented, then in the eyes of most regulatory or legal entities it did not happen. It is great to have all this documentation, but how long should you or do you have to keep it? The ... [continue reading]

Over the past few years I have received phone calls from many members asking about what to do when interacting with government or legal entities. These questions have involved entities such as The Ohio State Dental Board, Ohio Department of Health, DEA, Ohio Board of Pharmacy, Ohio Attorney General’s office, Ohio EPA, judges, small claims courts ... [continue reading]

We regularly get telephone calls from member dentists inquiring about “in-office dental plans” that they have heard about. The most common questions are: How do in-office dental plans work? Are in-office dental plans legal? Are there resources available to assist with plan design and administration? Below is a brief answer to ... [continue reading]

The American Dental Association’s Principles of Ethics and Code of Professional Conduct (Code) requires dentists to respect patients’ rights to self-determination and confidentiality. Section 1 – Principle: Patient Autonomy of the Code “expresses the concept that professionals have a duty to treat the patient according to the patient’s ... [continue reading]

With a new crop of dental students graduating this spring and an increasing number of more mature dentists changing their practice modality by either joining group practices or leaving group practices to go out on their own, it seems like a good time to provide a brief primer on dental malpractice insurance. While malpractice lawsuits in ... [continue reading]

A common question I receive at the ODA is how to terminate the dentist-patient relationship in a proper way.  I think this is the case because it is not something that a dentist does on a normal basis and they want to ensure they are doing it correctly. Terminating the dentist-patient relationship requires the dentist to exercise care to avoid ... [continue reading]

Dentists are well respected professionals and are trusted members of any community. As such, state law and the ADA Principles of Ethics and Code of Professional Conduct (Code) place obligations upon dentists to report abuse and neglect at certain times. It is important for dentists to be familiar with the legal and ethical requirements surrounding ... [continue reading]

I recently received a question regarding music in an office and it forced me to do a little research to figure out what exactly are the rules regarding music licensing and playing music in an office. Long gone are the days of tape cassettes, compact discs, and even illegally downloading music from websites such as Napster or LimeWire. With music ... [continue reading]

The Americans with Disabilities Act (ADA) classifies dental offices as places of public accommodation. Accordingly, offices must make “reasonable modifications” to their practices, policies and procedures in order to accommodate disabled patients. This act covers all types of disabilities, but in this article I want to discuss one of the most ... [continue reading]