Arkansas Administrative Code › Agency 038 - Board of Dental Examiners › Rule 038.00.12-001 - Article X: Defining Unprofessional Conduct/Patient Abandonment

Current through Register Vol. 49, No. 6, June, 2024
Article X
UNPROFESSIONAL CONDUCT DEFINED
Unprofessional conduct is defined to be any one of the
			 following:
A. The obtaining of any fee
		  by fraud or misrepresentation.
B.
		  The willful betrayal of professional secrets.
C. The employment directly or indirectly of
		  any student or suspended or unlicensed dentist or dental hygienist to practice
		  dentistry or dental hygiene as defined in these Rules.
D. The aiding or abetting of an unlicensed
		  person to practice dentistry or dental hygiene.
E. The aiding or abetting of a licensed
		  person to practice dentistry or dental hygiene unlawfully.
F. Habitual intemperance.
G. Gross immorality.
H. The use of any false, assumed or
		  fictitious name, either as an individual, firm, corporation or otherwise, or
		  any name other than the name under which he is licensed to practice, in
		  advertising or in any other manner indicating that he is practicing or will
		  practice dentistry, except such name as has been approved in writing by the
		  Board.
I. The receiving of anything
		  of value as a referral fee, a fee splitting, a commission, or rebate, when
		  professional services have not been rendered by the licensee.
J. The making or use of any advertising
		  statements of a character tending to deceive or mislead the public.
K. The advertising of professional
		  superiority or the advertising of the performance of professional services in a
		  superior manner.
L. The advertising
		  to guarantee any dental service, or to perform any dental operation
		  painlessly.
M. The willful
		  violation of any of the provisions of law regulating the dispensing and
		  administration of dangerous drugs or narcotics.
N. Any licentiate may have his license
		  revoked or suspended or be reprimanded or be placed on probation by the Board
		  for unprofessional conduct, gross negligence, or inefficiency in his
		  profession; for conviction of a felony or misdemeanor involving moral
		  turpitude. (Inefficient: Waiting in ability; incompetent; wasteful of time,
		  energy, or materials; not producing the intended result.)
O. A dentist should not abandon a patient as
		  defined as:
a. Unilateral termination of care
		  without the patient's consent and/or knowledge, or without adequate notice,
		  while the patient is still in need of treatment.
b. Severing the dentist-patient relationship
		  without giving reasonable notice to the patient or parent/legal guardian, if
		  the patient is a minor or incapacitated adult, so that arrangements can be made
		  for continuation of dental care by others,
c. A dental practice that accepts patients
		  and provides one, some, or all preventive services including examinations,
		  prophylaxis, radiographs, fluoride treatments, and sealants but does not follow
		  up with treatment when such treatment is clearly indicated is considered to be
		  abandoning the patient. Follow up care can be provided by a dentist in the
		  facility where the preventive treatment is provided or by referral, clearly
		  documented In the patient record, to another dental facility. If a patient is
		  dismissed from the practice prior to the completion of services, this must also
		  be clearly documented in the patient record.