Category: Legal Issues

     Throughout the course of a dentist’s career, it may become necessary to end a treatment relationship with a patient.  This can happen for a number of reasons, ranging from bad (missed appointments, unpaid bills, disruptive behavior) to good (new employment opportunities, a sabbatical from the profession to raise ... [continue reading]

     Last month this column discussed the issue of reporting the suspected abuse or neglect of a child and how dentists are expected to respond to such a situation in order to meet legal and ethical requirements.  Most dentists are aware of this obligation and can identify the signs which suggest that the abuse or neglect ... [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 ... [continue reading]

     In May, several dental practices contacted the ODA with questions about the state sales tax and its applicability to clear tray alignment orthodontic services.  These offices had been selected for a sales tax audit by the Ohio Department of Taxation and were facing the prospect of owing several hundreds, if not ... [continue reading]

     A recent study from the ADA’s Health Policy Resources Center indicates that the rate of solo practitioners is falling.  In 2009, 76 percent of dentists were solo practitioners.  But in just one year’s time the rate had fallen to 69 percent.  At the same time, the number of large group dental ... [continue reading]

     Problem employees can disrupt any business, but they have potential to do significant damage to small businesses.  This is particularly true in dental offices, where employees work closely with the public and in close proximity to other staff members.  One of the most difficult issues a dentist must handle as a ... [continue reading]

    In one of his first acts as president, Barack Obama signed the American Recovery and Reinvestment Act (ARRA) of 2009 into law. Now known as the “stimulus bill,” the legislation sought to provide a boost to the nation’s economy by funding infrastructure projects and other initiatives. One such initiative was the ... [continue reading]

     Last year, the Ohio General Assembly and Gov. John Kasich adopted House Bill 93, a measure aimed at combating prescription drug abuse and diversion. HB 93 made several changes to Ohio law, including requiring licensure and additional oversight of pain management clinics, establishing a statewide take-back program to secure ... [continue reading]

A new rule issued by the National Labor Relations Board (NLRB) could require many employers, including some dental offices, to begin posting new labor law posters. The posters are designed to inform employees of their rights and the obligations of employers and union officials under the National Labor Relations Act. The poster requirement was ... [continue reading]

Keith Kerns, Esq. ODA Director of Legal and Legislative Services Since the advent of federal privacy regulations under HIPAA (Health Insurance Portability and Accountability Act) in 2003, dental offices have focused their attention on the security and safeguarding of the health information they gather on patients in the course of treatment. ... [continue reading]