How does the state practice act define dentistry and dental hygiene?

Body of LawCriminal LawMisdemeanorsFeloniesCivil LawContractsTorts

Wrongs against society State takes action against wrong doer Statutory law basis for most criminal law

Civil Law Torts Unintentional Negligence Intentional Assault and battery Defamation Breach of confidentiality Misrepresent -ation Contracts

Agreement between two or more parties All parties are competent Agreement is legal A consideration is involved

EXPRESSED or IMPLIED Oral Written

based on Rights & Duties Rights & Wrongs In the dentist and patient relationship

Unintentional Failure to exercise standard of care negligence Intentional Intended to commit act Assault Battery Slander

Practicing without a license no license lapsed license quack Delegation of duties to staff beyond the limits of the practice act

Illegal prescribing of narcotics by licensed professional Fraud Income tax evasion Sex offense against patients/employees Gross negligence resulting in wrongful death

Seriousness of violation determines the punishment > fines > suspension of license > revokation of license > imprisonment > combination of the above

Test of Malpractice Duty owed duty violated violation was proximate cause injury/harm resulted

Abandonment Burns Mistaken identity Medication errors Disease Transmission Failure to communicate Failure to observe patient reactions and respond appropriately Failure to diagnose perio

11 members total Nine (9) practicing dentists (>5 years) One (1) practicing dental hygienist (IC One (1) member to represent the public (resident of state; not associated with the profession of dentistry) Appointed by the governor Maximum of 9 years Representative from 9 districts within the state

The primary function of the Indiana State Board of Dentistry is to protect the consumer. The board is charged with the duty of administering and enforcing the laws pertaining to the practice of dentistry and of dental hygiene. The board may adopt and enforce rules for the administration and enforcement of dental laws.

Agency of the state Administer the written word of act Members appointed by governor Reviews qualification of applicants Issue/deny licenser Revokes and suspends licenses

Consumer complaints are received by the attorney generals office Consumer Complaint - a complaint filed by a member of the public against a licensed professional. To obtain a complaint form, go to

(1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock, Morgan, Johnson, and Shelby. (2) District 2. Lake, Porter, LaPorte, and Jasper. (3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko, and Fulton. (4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen, Huntington, Wells, DeKalb, and Adams. (5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, Spencer, and Perry. (6) District 6. Newton, Benton, White, Pulaski, Cass, Miami, Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and Clinton. (7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone, Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin. (8) District 8. Madison, Delaware, Blackford, Randolph, Rush, Fayette, Union, Henry, and Wayne. (9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin, Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange, Washington, Scott, Jefferson, Switzerland, Ohio, Crawford, Harrison, Floyd, and Clark.

Conducts at least 2 regular meetings a year 6 members present constitutes a quorum for a meeting All meetings of ISBD are open to the public to attend. Dates and agenda for meetings are posted on the ISBD webpage. Board elects a president & a secretary for a 1 year term Members get a per diem & travel expenses

That takes you to the home page. Scroll down to Statues & Rules IC ARTICLE 13. DENTAL HYGIENISTS IC ARTICLE 14. DENTISTS

This section shall not apply to those procedures which a legally licensed and practicing dentist may delegate to a dental assistant as to which procedures the dentist exercises direct supervision and responsibility. (d) Procedures delegated by a dentist may not include the following: (1) Those procedures which require professional judgment and skill such as diagnosis, treatment planning, the cutting of hard or soft tissues, or any intraoral impression which would lead to the fabrication of a final prosthetic appliance. (2) Except for procedures described in subsections (g) and (h), procedures delegated to a dental assistant may not include procedures allocated under IC to a licensed dental hygienist.

Exercise reasonable skill & judgement Use only standard drugs,materials, techniques Keep accurate records of treatment Provide appropriate referrals Never abandon the patient Give adequate instructions

Charge reasonable fee Complete treatment within reasonable amount of time Do only those things consented to by the patient Achieve reasonable results Hold inviolate the patient’s privacy Practice within the law

Pay a reasonable fee Follow instructions Provide accurate information Cooperate in care & keep appointments

> Protects public’s health, safety, welfare > requires specific qualifications to practice > outlines requirements for licensure > define the practice of a profession

Procedures requiring professional judgment & skills such as (ic ) diagnosis treatment planning cutting of hard/soft tissue intraoral impression for appliances in contact hard/soft tissues procedures allocated to hygienist

Regulation of Dental Hygienists by State Board of Dentistry: IC Continuing Education for Dental Hygienists: IC

Uses LDH/DH Removes deposits/accretions/ cleans/polishes teeth Applies materials to control caries Treats gum disease Uses impressions/x-rays for treatment Administers local anesthesia

Any tasks not specified for DDS Any tasks not specified for LDH Exceptions: Administer Fluoride Coronal Polish procedures must be performed under supervision & responsibility of DDS

DIRECT Prior diagnosis Authorization by DDS DDS Physically present Inspecting work INDIRECT Prior diagnosis Authorization by DDS DDS Physically present GENERAL Authorization by DDS UNSUPERVISED

With supervision Dental clinics Dental/DH School Dental office Without supervision DH instruction/in-service Prescription: children up to grade 12 Screening and referral in PH setting IC a-b

Sec. 10. (a) A licensed dental hygienist may practice dental hygiene in Indiana in the following: (1) A dental office or clinical setting, except as described in subdivisions (3) through (5), where the dental hygienist is practicing under the direct supervision of a legally practicing dentist. (2) A dental school or dental hygiene school to teach and demonstrate the practice of dental hygiene if direct supervision by a licensed dentist is provided for training on providing local anesthetics by injection. (3) The dental clinic of any public, parochial, or private school or other institution supported by public or private funds in which the licensee is employed by the state department of health or any county or city board of health or board of education or school trustee or parochial authority or the governing body of any private school where the dental hygienist is practicing under the direct or prescriptive supervision of a licensed dentist.

(4) The dental clinic of a bona fide hospital, sanitarium, or charitable institution duly established and being operated under the laws of Indiana in which the licensee is employed by the directors or governing board of such hospital, sanitarium, or institution. However, such practice must be under the direct or prescriptive supervision at all times of a licensed dentist who is a staff member of the hospital or sanitarium or a member of the governing board of the institution. (5) A: (A) fixed charitable dental care clinic; (B) public health setting; or (C) correctional institution; that has been approved by the board and where the dental hygienist is under the direct or prescriptive supervision of a licensed dentist. (b) A licensed dental hygienist may provide without supervision the following: (1) Dental hygiene instruction and in-service training without restriction on location. (2) Screening and referrals for any person in a public health setting. (Formerly: Acts 1945, c.90, s.10.) As amended by Acts 1981, P.L.222, SEC.116; P.L , SEC.42; P.L , SEC.4; P.L , SEC.4; P.L , SEC.766; P.L , SEC.3; P.L , SEC.20.

A crime against society Subject prosecution Subject to punishment

It is going to take a ton of lobbying!

If we don’t raise our voices in unison it just sounds like a lot of yelling Let’s start to walk the line, toe the rope, and make some changes for our society How wonderful it is that nobody need wait a single moment before starting to improve the world. ~Anne Frank The purpose of life is not to be happy - but to matter, to be productive, to be useful, to have it make some difference that you have lived at all. ~Leo Rosten