Regulatory Compliance
C D A J O U R N A L , V O L 4 9 , Nº 2
Required Patient Notifications and Disclosures CDA Practice Support
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dental practice is required to provide certain notifications and disclosures to patients as well as to the public. Other health professions have similar requirements.
Business License
Many cities and counties require posting a business license in a conspicuous location.
Notice of Licensure
Post the notice accessible to public view in all facilities where dental services are provided. The notice must state in 48-point type: NOTICE Dentists are licensed and regulated by the Dental Board of California 877.729.7789 www.dbc.ca.gov
Name, License Type and Academic Degree
Comply with the requirement to notify patients of clinical staff names, licenses and academic degrees by doing each of the following: ■ Clinical staff wear name tag or have license or certificate posted. ■ Prominently post the name, license type and highest level of academic degree of each licensed individual or provide the information in writing in 24-point type to the patient at the initial visit. ■ Prominently display the name, license type and highest level of academic degree of each licensed individual on the practice website.
Advertising Discounts
The advertisement of a discount must: ■ Include the dollar amount of the nondiscounted fee for the service. ■ Include either the dollar amount of the discounted fee or the percentage of the discount for the specific service. ■ Inform the public of the length of time the discount will be honored. ■ Include verifiable fees. ■ Identify specific groups who qualify for the discount or any other terms, conditions or restrictions for qualifying for the discount.
Fees
Any fee advertised must be exact and must not use certain limiting words or phrases, for example, “as low as,” “and up” and “lowest prices.” Any advertisement that refers to services or costs for services and that uses words of comparison shall be based on verifiable data substantiating the comparison. Fee advertising should not be fraudulent, deceitful or misleading. The fee for each product or service must be clearly identifiable. The fee advertised for products must include charges for any related professional services, including dispensing and fitting services, unless the advertisement specifically and clearly indicates otherwise. Fee advertising for a dental service must fully disclose all services customarily included by the dental profession as part of the advertised service, including but not limited
to necessary diagnosis, radiographs, restorative treatment, drugs, local anesthesia or analgesia, materials, laboratory fees and postoperative care. The advertisement must also disclose any additional services that are not part of the procedure but for which the patient will be charged, together with the fees for such services. For example, an advertisement for “free teeth whitening” for new patients must mention the requirement for a dental exam and X-rays along with the cost of those services. Refer to “Dental Practice Marketing and Advertising 101” on cda.org/practicesupport for additional information on other marketing rules and restrictions.
Informed Consent
Obtaining informed consent is required for general anesthesia and conscious sedation procedures. Obtaining informed consent for other dental procedures is not required but is standard risk management protocol. It should be documented in the patient record. Informed consent is a process and the use of a written form can be helpful to the patient’s understanding of the procedure. Forms are available on cda.org/practicesupport.
Opioid Prescription to a Minor
A dentist must discuss risks with a minor and the minor’s parent or guardian before issuing the first opioid prescription in a single course of treatment. “Consent to Prescribe Opioid to a Minor” is on cda.org/practicesupport. FEBRUARY 2 0 2 1
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