Law & Ethics Quiz 3

The practice of dental hygiene is regulated through all three branches of the government. True False

True The practice of dental hygiene is regulated through each of the three branches of state government. If left unregulated, the practice of dental hygiene could have the potential to harm patients. Government regulation is intended to minimize the public risk of untoward health care outcomes.

Dental hygienists who are not actively practicing dental hygiene and do not want to maintain a current license may be able to apply for which of the following types of licenses? a. Inactive license b. Full license c. Volunteer license d. Temporary license e. Faculty license

a. Inactive license Although not all states have provisions for an inactive status, when available, an inactive license may permit a dental hygienist to avoid the expense of maintaining an active license. It also permits the dental hygienist to maintain recognized professional status as a dental hygienist and to reactivate the license upon demonstration of professional competence.

A condition of dental hygiene licensure generally is graduation from a dental hygiene program accredited by which of the following organizations? a. The Commission on Dental Accreditation (CODA) of the American Dental Association b. The Federal Trade Commission c. The National Institutes of Health d. The Food and Drug Administration

a. The Commission on Dental Accreditation (CODA) of the American Dental Association In general, a condition of dental hygiene licensure is graduation from a dental hygiene program accredited by the Commission on Dental Accreditation (CODA) as well as successful completion of a national, regional, and/or state licensure examination.

Dental hygienists have the obligation to limit their practice to the scope of functions permitted by law in the jurisdiction in which they are practicing. If asked by an employing dentist to perform services that are clearly outside the legal scope of practice, the dental hygienist should defer to his or her supervisor and perform those services. a. The first statement is true, the second statement is false. b. Both statements are false. c. Both statements are true. d. The first statement is false, the second statement is true.

a. The first statement is true, the second statement is false. If asked by an employing dentist or other licensed dental professional to perform services that are clearly outside the legal scope of practice, the dental hygienist is obligated to decline to comply with the request. If whether a procedure is within the legal scope of practice is unclear, the dental hygienist or employing dentist should seek clarification from the governing authority.

Each of the following is an example of an issue that may be regulated by state laws but may not be specifically incorporated into the State Dental Practice Act EXCEPT one. Which one is the EXCEPTION? a. Biomedical wastes and hazards management b. Continuing education requirements c. Consent to treatment and informed consent d. False health care claims e. Mandatory malpractice insurance

b. Continuing education requirements The continuing education requirement is part of the State Dental Practice Act. The continuing education requirement differs from state to state and it is different for a dentist than a dental hygienist. Current continuing education requirements for a dental hygienist in each state may be found on the website of the American Dental Hygienists' Association (ADHA). The ADHA website address for information regarding continuing education is: http://www.adha.org/resources-docs/7512_CE_Requirements_by_State.pdf.

Which of the following types of dental hygiene license may be granted on the basis of examination or endorsement of credentials? Such a license permits unrestricted practice within the scope of the State Dental Practice Act. a. Volunteer license b. Full license c. Faculty license d. Temporary license

b. Full license A full license. A temporary dental hygiene license, granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for a limited period of time while the dental hygienist pursues full licensure status. A volunteer dental hygiene license, granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for the purpose of volunteer (e.g., unremunerated) public service. A faculty dental hygiene license, granted on the basis of prior licensure in another jurisdiction, permits a faculty member to practice within the scope of his or her educational responsibilities.

"Dental hygienists who have graduated from a CODA accredited dental hygiene program, who are licensed in good standing in a state with similar or higher requirements for licensure, and who have practiced dental hygiene for a minimum prescribed period may have examination requirements waived on the basis of their credentials," according to which of the following principles? a. Garnishment b. Licensure by endorsement or reciprocity c. Quid pro quo d. Informed consent

b. Licensure by endorsement or reciprocity Issuance of a dental hygiene license based on a review of credential is provided for in Colorado, North Dakota, and Connecticut statutes, as may be seen in the text, and is true for many other states.

Which of the following forms of government has the authority and responsibility to protect the health, safety, and welfare of the state's citizens? a. County government b. State government c. City or township government d. The federal government

b. State government The state government is responsible for protecting the health, safety, and welfare of the state's citizens. The practice of health professionals, including dental hygienists, is governed under this authority.

When is a dental hygienist required to provide documentation or certification of compliance with continuing education requirements? a. Only when renewing a lapsed license to practice as a dental hygienist b. When relocating from one state to another while in practice c. When renewing a current license to practice as a dental hygienist d. When making an initial application for a license in a particular state following graduation from an accredited dental hygiene program in any state

c. When renewing a current license to practice as a dental hygienist Renewal of the license also requires payment of a licensing fee. When a dental hygiene student graduates from a dental hygiene program, he or she typically applies for an initial license. The continuing education requirement takes effect when applying for relicensure. The purpose of the continuing education requirement is to keep the knowledge acquired in school current.

The practice of dental hygiene without a valid license is a a. civil offense that may be categorized as a felony. b. civil offense that may be categorized as a misdemeanor but not as a felony. c. criminal offense that may be categorized as a felony. d. criminal offense that may be categorized as a misdemeanor but not as a felony.

c. criminal offense that may be categorized as a felony. It is a criminal offense that may be categorized as a felony. For example, according to FLA. STAT. Ann. 466.026 (2015) "(1) Each of the following constitutes a felony of the third degree ... (a) Practicing ... dental hygiene unless the person has an appropriate, active license ... (b) Using or attempting to use a license ... which license has been suspended or revoked." The penalty for noncompliance with licensure requirements may include a monetary fine and/or imprisonment.

Which of the following branches of state government is authorized to enact laws or statutes that prescribe or prohibit activities within the state? a. Judicial branch b. Executive branch c. Municipal d. Legislative branch

d. Legislative branch The legislative branch. The executive branch plays a major role in the implementation and enforcement of the prescriptions and prohibitions enacted into law. The judicial branch is the final arbiter regarding the rights and responsibilities of individuals subject to the laws of the state. In general, state governments are divided into three branches. Municipal is not one of those three.

How often should a dental hygienist review the applicable State Dental Practice Act? a. When first graduating from an accredited dental hygiene program. b. When first applying for a license in the state where he or she intends to practice dental hygiene. c. It is not necessary once a student has graduated from an accredited dental hygiene program. d. On a yearly basis. e. Once every 3 years.

d. On a yearly basis. The professional obligation of a dental hygienist is to be intimately familiar with the laws and regulations of the state where he or she practices. A dental hygienist should, on an annual basis, review the applicable State Dental Practice Act. A good time to do this may be at the time of annual license renewal, birth date, or other annually recurring date of significance.

Dental hygienists must be familiar with the laws that deal specifically with dental hygiene as well as the general laws that protect the well-being of the state's citizens because the statutes that regulate the health professions are not all encompassing. a. NEITHER the statement NOR the reason is correct. b. The statement is correct, but the reason is NOT. c. The statement is NOT correct, but the reason is correct. d. Both the statement and reason are correct but NOT related. e. Both the statement and reason are correct and related.

e. Both the statement and reason are correct and related. For example, most states have enacted laws that require health care professionals to report suspected child abuse. This law may be found in acts that focus on child protection rather than on the practice of dental hygiene. Issues that may be regulated by state laws but may not be specifically incorporated into the state dental practice act may be found in Box 7-1 in the text.

The practice of dental hygiene is different in each state, because it is not nationally regulated. a. The statement is correct, but the reason is NOT. b. Both the statement and reason are correct but NOT related. c. The statement is NOT correct, but the reason is correct. d. NEITHER the statement NOR the reason is correct. e. Both the statement and reason are correct and related.

e. Both the statement and reason are correct and related. This requires the dental hygienist to be familiar with the laws regarding practice for the particular state where he or she practices. A dental hygienist should, on an annual basis, review the applicable state dental practice act.

Which of the following forms of supervision require the dentist to be present in the dental office during treatment by the dental hygienist? a. Indirect supervision and general supervision, but not direct supervision b. Direct supervision, but not indirect supervision and general supervision c. Direct supervision and general supervision, but not indirect supervision d. Direct supervision, indirect supervision, and general supervision e. Direct supervision and indirect supervision, but not general supervision

e. Direct supervision and indirect supervision, but not general supervision Both direct and indirect supervision require the dentist to be on the premises. General supervision requires that the services being delivered be authorized by the dentist; however, the presence of the supervising dentist in the treatment facility is not required, but the dentist's availability for consultation may be required.