Gov. Gavin Newsom signed legislation that revises language in the written informed consent form that dentists must provide to patients prior to administering general anesthesia and deep or moderate sedation. Although the new law does not impact the practice of dentistry, dentists should ensure that beginning Jan. 1, 2020, they are using a consent form that is compliant with the new law.

All health care providers, including dentists, will soon be required to comply with a new federal regulation that aims to enhance a patient’s right to access their health information. Under the new rule, patients will have greater and, at times, immediate access to health information.

At the direction of the 2018 CDA House of Delegates, CDA has been working with the Dental Board of California to better understand the scope of practice for general dentists as it relates to the use of cosmetic agents such as Botox and dermal fillers. The house directed CDA to take this action to clear up confusion that arose from the creation of the Elective Facial Cosmetic Surgery permit as it relates to the scope of cosmetic services general dentists may provide.

Dentists and other authorized prescribers across the U.S. will be required under a new federal law to complete eight hours of instruction on treating and managing patients with opioid and other substance use disorders prior to renewing or obtaining a DEA registration.

CDA members can rely on CDA Practice Support’s “Are You In Compliance?” webpage for details about current and future laws and regulations that apply to dental practices. Entries span all areas of dental practice, from employment practices to general business.

The Dentists Insurance Company (TDIC) has noted an increase in calls to its Risk Management Advice Line from dentists who are facing AwDA digital accessibility lawsuits. Read more about the law and reasonable accessibility as well as the risks of noncompliance and benefits of compliance.

CDA Practice Support recently received a call from a dentist about a disgruntled patient who was accusing the dentist of violating the patient’s HIPAA privacy rights because of a past-due bill.

Specifically, the patient claimed that they received a letter from a collection agency and the fact that the collection agency had their information was a violation of the Health Insurance Portability and Accountability Act (HIPAA). CDA confirmed that this is not a violation of HIPAA as long as the dentist took the proper steps to inform patients how the practice uses patient information and to provide to the collection agency only the minimum necessary information for the agency to perform its work.

What must a dental office emergency kit contain? The answer varies depending on individual state dental board requirements. There are basic necessities dentists are required to include in emergency kits, according to the American Dental Association Council on Scientific Affairs.

CDA’s newest Endorsed Services partner, Henry Schein One ePrescribe, provides CDA members an option for sending prescriptions electronically to retail and mail-order pharmacies. 

In a final rule issued by the Food and Drug Administration, 24 active ingredients used in nonprescription antiseptic products are “not generally recognized as safe and effective” (GRAS/GRAE) for use by health care professionals in health care settings or situations “due to insufficient data.” The ban applies to use of these ingredients in over-the-counter antiseptics and takes effect Dec. 20, 2018.

Health care facilities that produce pharmaceutical hazardous waste are required to properly manage the disposal of that waste according to the Environmental Protection Agency. Among other provisions, the EPA’s finalized rule issued in July prohibits facilities from pouring pharmaceutical hazardous waste down sink drains or toilets, a practice known as “sewering.”

California issued an order requiring approximately 2.5 million of the state’s health care workers to get the COVID-19 booster to be fully vaccinated against the coronavirus. The state order does not include dental offices, but Santa Clara County and San Francisco have since issued booster orders for dental personnel.

The California Consumer Privacy Act, which took effect Jan. 1, aims to give California consumers greater control over their personal information by imposing certain obligations on entities covered by the law. Although health care providers such as dental practices are exempt from this new law, it is important to understand that some of the law’s provisions are similar to those required by HIPAA and the California Confidentiality of Medical Information Act.

A medical center in St. Petersburg, Florida, is the first to face enforcement action by the U.S. Department of Health and Human Services for failing to promptly provide a patient with medical records. The HHS Office for Civil Rights announced early this year that it would vigorously enforce its Right of Access Initiative that allows patients to receive copies of their medical records promptly and without being overcharged.

The recording of conversations between dentists and patients can pose significant risks to dental professionals, including potential HIPAA violations, loss of control over the use of the recording and legal issues related to consent. Dentists should take steps to protect patient privacy, including verbiage prohibiting recording in the office and educating staff members on the potential risks associated with recording conversations.

CDA’s Practice Support and The Dentists Insurance Company have experienced and increase in calls from dental offices that are unsure of how or if they are required to notify patients after a dentist or staff member tests positive for COVID-19.

No later than Jan. 1, 2022, dentists will be required by state law to issue electronic prescriptions for all medications, with very few exceptions. CDA members have a new option to assist their compliance with iCoreRx e-prescribing software from CDA’s Endorsed Services partner iCoreConnect. 

Most practices benefit from electronic prescribing, but it’s important to make sure that the solution you use to e-prescribe has features that will streamline your workflow and protect your patients and practice from error. Find out which e-prescription software characteristics are most valued by dentists.

Patient safety remains a top priority for practice owners and dental teams; however, the dental office can often be a fast-paced working environment with distractions that can impede best safety practices. To better prevent mishaps, the Joint Commission requires accredited dental practices to implement a timeout before all surgical procedures.

The Department of Justice on April 2 announced that California’s Controlled Substance Utilization Review and Evaluation System, also known as CURES 2.0, is ready for statewide use and that mandatory CURES consultation becomes effective Oct. 2, 2018. Beginning on this date, prescribers must check a patient’s prescription history in CURES 2.0 before prescribing a Schedule II-IV substance, with some exceptions.

Beginning Oct. 2, all licensees authorized to prescribe, order, administer, furnish or dispense controlled substances in California must, with some exceptions, check a patient’s prescription history in CURES 2.0 before prescribing a Schedule II-IV substance, as CDA first reported in April. One notable exemption to mandatory CURES consultation that applies to dental care and that CDA helped secure is summarized here.

Patients, visitors and workers not performing clinical procedures are no longer be required to wear face masks in dental offices and other indoor health care settings in California as of April 3 per new guidance from the state Department of Public Health.

To be compliant with Cal/OSHA standards, California dental practices are required to train any team member who may be exposed to bloodborne pathogens. CDA has resources available to support your practice in achieving compliance.

Federal and state laws requiring employers to provide COVID-19 supplemental paid sick leave and voluntary sick leave tax credits are set to expire Sept. 30; however, several cities and counties in California implemented their own supplemental paid leave ordinances that include small-employer obligations.

Dental board licensees are required to maintain their continuing education certificates for up to three renewal periods. But if you’re a licensee and you receive a C.E. audit in the mail, what happens next?