Regulatory Compliance: Observers, Interns and Job Applicants: Considerations for the Dental Practice

CDA Practice Support

Have you ever been asked to allow someone to observe or work at your dental practice because they are interested in entering the profession? Dentists may permit observers but should be careful in situations where a nonemployee is doing work for the practice. Performing work that benefits a for-profit entity can create an employer-employee relationship that triggers certain employer obligations.

If a dental practice owner is willing to allow it, an individual, such as a high school or college student, may observe practice operations. Best practices for this arrangement are:

■ Determine when the practice is able to accommodate an observer and communicate your expectations of the observer during their time in the practice.

■ To avoid disruption, limit the amount of time the observer is scheduled in the practice.

■ Advise observer of potential risks and safety rules and have them or their legal guardian sign a release-of-liability form.

■ Educate the observer on patient privacy and have them or their legal guardian sign a nondisclosure agreement. Ask for patient’s permission prior to permitting the observer in the operatory.

A student in a regional occupational (also called career technical educational) program or dental-assisting education program may seek to complete their work experience hours or internship at your practice. In this situation, you and the educational program typically would sign a document that addresses learning objectives, safety matters such as vaccinations and personal protective equipment, documentation of hours and more. Although not an employee, the student must still be trained in your dental practice’s patient information privacy and security policies and procedures. Document the training and be certain to obtain a signed nondisclosure agreement. Provide minimum safety training to the student who is not covered by Cal/OSHA. In a different type of situation, job applicants have been asked to do “working interviews.” A working interview is when a dental practice has a job applicant work for a day to see how they interact with other staff and to assess skills and other factors. What many employers do not understand is that a working interview means the job applicant is employed and is thus eligible for wages, worker’s compensation if injured during the workday and unemployment benefits after the working interview is complete.

An alternative to a working interview is to have a structured interview where the applicant observes and interacts with team members for 30 minutes or more and then sits down to be interviewed by two or three staff members. Staff can provide feedback to the dentist-employer who can interview the applicant separately on the same day or on a different day.

Private-practice owners also should avoid bringing on “volunteers” to work in the practice, even if it is a family member. If the family member is not an owner, they have to be paid if they are working for the practice. There is no such thing as volunteer work in a for-profit business. Volunteers may work at nonprofit clinics, health fairs and educational organizations.

Regulatory Compliance appears monthly and features resources about laws that impact dental practices. Visit cda.org/ practicesupport for more than 600 practice support resources, including practice management, employment practices, dental benefit plans and regulatory compliance.