reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 27 - Standards of Practice and Principles of Professional Ethics › Rule 650-27.12 - Teledentistry

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes the standards of practice for
				  teledentistry.
(1)
Definition.
"Teledentistry"
means a dentist is providing
				  or supervising dental services using technology when the patient is in another
				  location.
(2)
Teledentistry authorized.
A dentist may utilize teledentistry
				to provide dental care to patients located in Iowa. A dentist shall not provide
				dental care to a patient located in Iowa based solely on an Internet
				questionnaire consisting of a static set of questions that have been answered
				by the patient.
(3)
License
				or registration required.
A dentist, dental hygienist, or dental
				assistant who uses teledentistry for a patient located in Iowa shall hold an
				active Iowa license or registration issued by the board.
(4)
General requirements.
The standard of dental care is the same whether a patient is seen in person or
				through a teledentistry encounter. The use of teledentistry is not an expansion
				of the scope of practice for dental hygienists or dental assistants. A dentist
				who uses teledentistry shall utilize evidence-based standards of practice and
				practice guidelines to ensure patient safety, quality of care, and positive
				outcomes.
(5)
Informed
				consent.
When teledentistry will be utilized, a dentist shall ensure
				informed consent covers the following additional information:
a. A description of the types of dental care
				services provided via teledentistry, including limitations on
				services;
b. The identity, contact
				information, practice location, licensure, credentials, and qualifications of
				all dentists, dental hygienists, and dental assistants involved in the
				patient's dental care, which must be publicly displayed on a website or
				provided in writing to the patient; and
c. Precautions for technological failures or
				emergency situations.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.2 - Advertising

Current through Register Vol. 47, No. 3, July 24, 2024
A dentist shall ensure that any advertisements related to the
				  availability of antianxiety premedication or minimal sedation clearly reflect
				  the level of sedation provided and are not misleading.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.3 - Nitrous Oxide Inhalation Analgesia

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A dentist may use nitrous oxide
				inhalation analgesia sedation on an outpatient basis for dental patients
				provided the dentist has completed training and complies with the following:
a. Has adequate equipment with fail-safe
				features.
b. Has routine
				inspection, calibration, and maintenance on equipment performed every two years
				and maintains documentation of such and provides documentation to the board
				upon request.
c. Ensures the
				patient is continually monitored by a patient monitor while receiving nitrous
				oxide inhalation analgesia.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.4 - Minimal Sedation Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A dentist shall evaluate a patient prior
				to the start of any sedative procedure. In healthy or medically stable patients
				(ASA I, II), the dentist should review the patient's current medical history
				and medication use. For a patient with significant medical considerations (ASA
				III, IV), a dentist may need to consult with the patient's primary care
				provider or consulting medical specialist. A dentist shall obtain informed
				consent from the patient or the patient's parent or legal guardian prior to
				providing minimal sedation.
(2)
				Record keeping. A time-oriented anesthesia record must be maintained and must
				contain the names of all drugs administered, including local anesthetics and
				nitrous oxide, dosages, time administered, and monitored physiological
				parameters, including oxygenation, ventilation, and circulation.
(3) Minimal sedation for ASA I or II
				nonpediatric patients.
a. A dentist may
				prescribe or administer a single medication for minimal sedation via the
				enteral route that does not exceed the MRD for unmonitored home use. A dentist
				may administer a supplemental dose of the same drug provided the total
				aggregate dose does not exceed 1.5 times the MRD on the day of treatment. The
				dentist shall not administer a supplemental dose until the clinical half-life
				of the initial dose has passed.
b.
				A dentist may administer a single medication for minimal sedation via the
				enteral route that does not exceed the MRD for monitored use on the day of
				treatment.
c. A dentist may utilize
				nitrous oxide inhalation analgesia in combination with a single enteral
				drug.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.5 - Shared Standards for Moderate Sedation, Deep Sedation and General Anesthesia

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior
				to administering moderate sedation, deep sedation or general anesthesia, a
				dentist must obtain a current moderate sedation permit or general anesthesia
				permit pursuant to rule
				650-29.11 (153).
(2) A dentist administering moderate
				sedation, deep sedation or general anesthesia must maintain current ACLS
				certification. A dentist administering moderate sedation to pediatric patients
				may maintain current PALS certification in lieu of current ACLS
				certification.
(3) A dentist shall
				evaluate a patient prior to the start of any sedative procedure. A dentist
				should review a patient's medical history, medication(s) and NPO (nothing by
				mouth) status. For a patient with significant medical considerations (ASA III,
				IV), a dentist may need to consult with the patient's primary care provider or
				consulting medical specialist. The dentist should consult the body mass index
				as part of the preprocedural workup.
(4) A dentist who administers sedation or
				anesthesia shall ensure that each facility where sedation services are provided
				is appropriately staffed to reasonably handle emergencies incident to the
				administration of sedation. A patient monitor shall be present in the treatment
				room and continually monitor the patient until the patient returns to a level
				of minimal sedation.
(5) The
				dentist must provide postoperative verbal and written instructions to the
				patient and caregiver prior to discharging the patient.
(6) The dentist must not leave the facility
				until the patient meets the criteria for discharge.
(7) The dentist or another designated permit
				holder or licensed sedation provider must be available for postoperative
				aftercare for a minimum of 48 hours following the administration of
				sedation.
(8) The dentist must
				establish emergency protocols which comply with the following:
a. A dentist must establish a protocol for
				immediate access to backup emergency services;
b. A patient monitor shall employ initial
				life-saving measures in the event of an emergency and shall activate the EMS
				system for life-threatening complications;
c. A dentist who utilizes an immobilization
				device must avoid chest or airway obstruction when applying the device and
				shall allow a hand or foot to remain exposed; and
d. The recovery room for a pediatric patient
				must include a functioning suction apparatus as well as the ability to provide
				>90% oxygen and positive-pressure ventilation, along with age- and
				size-appropriate rescue equipment.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.6 - Moderate Sedation Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Moderate sedation for ASA I or II
				nonpediatric patients.
a. A dentist may
				prescribe or administer a single enteral drug in excess of the MRD on the day
				of treatment.
b. A dentist may
				prescribe or administer a combination of more than one enteral drug.
c. A dentist may administer a medication for
				moderate sedation via the parenteral route.
d. A dentist may administer a medication for
				moderate sedation via the parenteral route in incremental doses.
e. A dentist shall ensure the drug(s) or
				techniques, or both, carry a margin of safety wide enough to render unintended
				loss of consciousness unlikely.
f.
				A dentist may administer nitrous oxide with more than one enteral
				drug.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.7 - Deep Sedation or General Anesthesia Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The administration of anesthetic sedative
				agents intended for deep sedation or general anesthesia, including but not
				limited to Propofol, Ketamine and Dilaudid, shall constitute deep sedation or
				general anesthesia.
(2) A dentist
				shall have at least two patient monitors observe the patient while the patient
				is under deep sedation or general anesthesia. The patient monitors who observe
				patients under deep sedation or general anesthesia shall be capable of
				administering emergency support and shall have completed one of the following:
a. Current ACLS or PALS certification;
				or
b. Current DAANCE
				certification.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.8 - Facility and Equipment Requirements for Moderate Sedation, Deep Sedation or General Anesthesia

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Change
				of address or addition of facility location(s). A permit holder shall notify
				the board office in writing within 60 days of a change in location or the
				addition of a sedation facility.
(2) Facilities shall be permanently equipped.
				A dentist who administers moderate sedation, deep sedation or general
				anesthesia in a facility is required to be trained in and maintain, at a
				minimum, the following equipment to be properly equipped:
a. Electrocardiogram (EKG) monitor;
b. Positive pressure oxygen;
c. Suction;
d. Laryngoscope and blades;
e. Endotracheal tubes;
f. Magill forceps;
g. Oral airways;
h. Stethoscope;
i. Blood pressure monitoring
				device;
j. Pulse
				oximeter;
k. Emergency drugs;
l. Defibrillator;
m. Capnography machine to monitor end-tidal
				carbon dioxide;
n. Pretracheal or
				precordial stethoscope; and
o. Any
				additional equipment necessary to establish intravascular or intraosseous
				access, which shall be available until the patient meets discharge
				criteria.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.9 - Use of Another Licensed Sedation Provider or Permit Holder

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A dentist may only use the services of a
				licensed sedation provider or another permit holder to administer moderate
				sedation, deep sedation, or general anesthesia in a dental facility if the
				dentist holds a current moderate sedation or general anesthesia permit. A
				permit holder who does not meet the training requirement in paragraph 29.11
				(3)
"c "
to administer moderate sedation to pediatric or ASA
				III or IV patients may use a licensed sedation provider or another qualified
				permit holder to administer moderate sedation to pediatric or ASA III or IV
				patients. A dentist who does not hold a sedation permit is prohibited from
				using a licensed sedation provider or permit holder to provide moderate
				sedation, deep sedation or general anesthesia.
(2) The dentist must remain present in the
				treatment room for the duration of any dental treatment.
(3) When a licensed sedation provider or
				another permit holder is used to administer moderate sedation, deep sedation or
				general anesthesia, that provider constitutes one patient monitor for the
				purpose of complying with subrule 29.6(3) or 29.7(2).
(4) A permit holder who has a licensed
				sedation provider or another permit holder administer moderate sedation, deep
				sedation or general anesthesia services must maintain a permanently and
				properly equipped facility pursuant to the provisions of this
				chapter.
(5) A permit holder shall
				assess the need and the patient suitability for sedation services. A permit
				holder shall not interfere with any independent assessment performed by a
				licensed sedation provider.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.10 - Reporting of Adverse Occurrences Related to Sedation or Nitrous Oxide

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All licensed
				dentists must submit a report to the board office within a period of seven days
				of any mortality related to sedation or nitrous oxide or any other incident
				related to sedation or nitrous oxide which results in the patient receiving
				inpatient treatment at a hospital or clinic. The report shall include a
				complete copy of the patient record and include responses to the following:
a. Description of dental procedure.
b. Description of preoperative physical
				condition of patient.
c. List of
				drugs and dosage administered.
d.
				Description, in detail, of techniques utilized in administering the drugs
				utilized.
e. Description of adverse
				occurrence:
(1) Description, in detail, of
				symptoms of any complications, to include but not be limited to onset, and type
				of symptoms in patient.
(2)
				Treatment instituted on the patient.
(3) Response of the patient to the treatment.
f. Description of the
				patient's condition on termination of any procedures
				undertaken.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.11 - Requirements for Issuance of a Moderate Sedation or General Anesthesia Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No dentist
				shall administer moderate sedation, deep sedation or general anesthesia for
				dental patients unless the dentist possesses a current permit issued by the
				board.
(2) A dentist who intends to
				obtain a sedation permit must submit a completed application and pay the fee
				specified in 650-Chapter 15.
(3) To
				qualify for a moderate sedation permit, the applicant shall have successfully
				completed the following education and training:
a. A training program, approved by the board,
				that consists of a minimum of 60 hours of instruction and management of at
				least 20 patients, or an accredited residency program that includes formal
				training and clinical experience in moderate sedation.
b. Training that includes rescuing patients
				from a deeper level of sedation than intended, including managing the airway,
				intravascular or intraosseous access, and reversal medications.
c. For a dentist who intends to utilize
				moderate sedation on pediatric or ASA III or IV patients: an accredited
				residency program that includes formal training in anesthesia and clinical
				experience in managing pediatric or ASA III or IV patients.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.12 - Acc

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The ACC shall
				be chaired by a member of the board and shall include at least six additional
				members who are licensed to practice dentistry in Iowa. At least four members
				of the ACC shall hold deep sedation/general anesthesia or moderate sedation
				permits issued under this chapter.
(2) The ACC shall perform the following
				duties:
a. Review all permit applications and
				take action as authorized.
b.
				Perform peer reviews as needed and report the results to the board.
c. Other duties as delegated by the
				board.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.13 - Review of Permit Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Referral to the ACC.
All
				applications will be referred to the ACC for review at its next scheduled
				meeting.
(2)
Review by the
				ACC.
Following review and consideration of an application, the ACC may
				take any of the following actions:
a. Request
				additional information;
b. Request
				that the applicant appear for an interview;
c. Approve issuance of the permit;
d. Approve issuance of the permit under
				certain terms and conditions or with certain restrictions;
e. Recommend denial of the permit;
f. Refer the permit application to the board
				for review and consideration with or without recommendation; or
g. Request a peer review
				evaluation.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.14 - Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
A permit to administer deep sedation/general anesthesia or
				  moderate sedation shall be renewed biennially at the time of license renewal.
				  Permits expire August 31 of every even-numbered year.
(1) To renew a permit, a licensee must submit
				the following:
a. Evidence of renewal of
				current ACLS certification or of current PALS certification if the permit
				holder provides sedation services for pediatric patients.
b. A minimum of six hours of continuing
				education in the area of sedation. These hours may also be submitted as part of
				license renewal requirements.
c.
				The appropriate fee for renewal as specified in 650-Chapter 15.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.15 - Grounds for Nonrenewal

Current through Register Vol. 47, No. 3, July 24, 2024
A request to renew a permit may be denied on any of the
				  following grounds:
(1) After proper
				notice and hearing, for a violation of these rules or Iowa Code chapter 147,
				153, or 272C during the term of the last permit renewal.
(2) Failure to pay required fees.
(3) Failure to obtain required continuing
				education.
(4) Failure to provide
				documentation of current ACLS or PALS certification.
(5) Failure to provide documentation of
				maintaining a properly equipped facility.
(6) Receipt of a certificate of noncompliance
				from the child support recovery unit of the department of human services in
				accordance with 650-Chapter 33.
Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 29 - Sedation and Nitrous Oxide › Rule 650-29.16 - Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
Violations of the provisions of this chapter may result in
				  revocation or suspension of the dentist's permit or other disciplinary measures
				  as deemed appropriate by the board.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 30 - Discipline › Rule 650-30.2 - Methods of Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board has authority to impose one or more of the
				  following disciplinary sanctions:
1.
				Revocation of license or registration.
2. Suspension of license or registration
				until further order of the board or for a specified period.
3. Nonrenewal of license or
				registration.
4. Prohibit
				permanently, until further order of the board or for a specified period, the
				engaging in specified procedures, methods or acts.
5. Probation.
6. Require additional education or
				training.
7. Require clinical or
				written examination.
8. Order a
				physical, mental, or clinical evaluation.
9. Impose civil penalties not to exceed
				$10,000 where specifically provided by rules.
10. Issue citation and warning.
11. Such other sanctions allowed by law as
				may be appropriate.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 30 - Discipline › Rule 650-30.3 - Discretion of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The following factors may be considered by the board in
				  determining the nature and severity of the disciplinary sanction to be
				  imposed:
1. The relative seriousness
				of the violation as it relates to assuring the citizens of this state a high
				standard of professional care.
2.
				The facts of the particular violation.
3. Any extenuating circumstances or other
				countervailing considerations.
4.
				Number of prior violations or complaints.
5. Seriousness of prior violations or
				complaints.
6. Whether remedial
				action has been taken.
7. Such
				other factors as may reflect upon the competency, ethical standards and
				professional conduct of the licensee or registrant.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 30 - Discipline › Rule 650-30.4 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The following shall constitute grounds for the imposition by
				  the board of one or more of the disciplinary sanctions set forth in rule
				  650-30.2 (153), specifically
				  including the imposition of civil penalties not to exceed $10,000. This rule is
				  not subject to waiver pursuant to 650-Chapter 7 or any other provision of
				  law.
(1) The board may impose
				discipline for the following violations related to licensure and registration:
a. Fraud or deceit in procuring or renewing
				any license, permit, or registration, including any false or misleading
				statement of a material fact or omission of information required to be
				disclosed;
b. Engaging in the
				practice of dentistry, dental hygiene, or dental assisting with a lapsed or
				inactive license, permit, or registration, or engaging in dental radiography
				with a lapsed or inactive dental radiography qualification;
c. Engaging in the practice of dentistry,
				dental hygiene, or dental assisting without a license, permit, or registration,
				or engaging in dental radiography without a dental radiography
				qualification;
d. Employing or
				permitting an unlicensed or unregistered person or a person with a lapsed or
				inactive license, permit, or registration to practice dentistry, dental
				hygiene, or dental assisting;
e.
				Encouraging, assisting, or enabling in any manner the unauthorized practice of
				dentistry, dental hygiene, or dental assisting; or
f. Failure to prominently display the names
				of all persons who are practicing dentistry, dental hygiene, or dental
				assisting within an office.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 30 - Discipline › Rule 650-30.5 - Prohibited Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall not suspend or revoke the license of a person
				  who is in default or is delinquent on repayment or a service obligation under
				  federal or state postsecondary educational loans or public or private
				  services-conditional postsecondary tuition assistance solely on the basis of
				  such default or delinquency.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.1 - Complaint Review

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall, upon receipt of a complaint, or may upon its
				  own motion, pursuant to other evidence received by the board, review and
				  investigate alleged acts or omissions which the board reasonably believes
				  constitute cause under applicable law or administrative rule for licensee or
				  registrant discipline. All complaints regarding the practice of dental hygiene
				  will be initially directed to the dental hygiene committee. The committee shall
				  review the complaint and make a recommendation to the board.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.2 - Form and Content

Current through Register Vol. 47, No. 3, July 24, 2024
A written complaint should include the following
				  facts:
1. The full name, address, and
				telephone number of the complainant.
2. The full name, address, and telephone
				number of the licensee or registrant.
3. A statement of the facts concerning the
				alleged acts or omissions.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.3 - Address

Current through Register Vol. 47, No. 3, July 24, 2024
The written complaint may be delivered personally,
				  electronically or by mail to the executive director of the board. The current
				  office address is 400 S.W. 8th Street, Suite D, Des Moines, Iowa
				  50309-4687.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.4 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
In order for the board to determine if probable cause exists
				  for a hearing on the complaint, the executive director or authorized designee
				  shall cause an investigation to be made into the allegations of the
				  complaint.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.5 - Issuance of Investigatory Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				  17A.13(1)
				   and
				  272C.6(3),
				  the board has the authority to issue an investigatory subpoena to compel the
				  production of evidence deemed necessary in connection with a licensee
				  disciplinary investigation. A subpoena issued by the board in connection with a
				  licensee disciplinary investigation may seek evidence whether or not it is
				  privileged or confidential under law.
(1) The executive director or designee may,
				upon the written request of aboard investigator or on the director's own
				initiative, subpoena books, correspondence, papers, records, and other real
				evidence which is necessary for the board to decide whether to institute a
				contested case proceeding. In the case of a subpoena for mental health records,
				each of the following conditions shall be satisfied prior to the issuance of
				the subpoena:
a. The nature of the complaint
				reasonably justifies the issuance of a subpoena;
b. Adequate safeguards have been established
				to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
				public policy, or other recognizable public interest favors access;
				and
d. An attempt was made to
				notify the patient and to secure an authorization from the patient for release
				of the records at issue.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.6 - Board Appearances

Current through Register Vol. 47, No. 3, July 24, 2024
The board may request a licensee or registrant to appear
				  before the board to discuss a pending investigation. By electing to participate
				  in the board appearance, the licensee or registrant waives any objection to a
				  board member's both participating in the appearance and later participating as
				  a decision maker in a contested case proceeding on the grounds of a personal
				  investigation and a combination of investigative and adjudicative functions. If
				  the executive director participates in the appearance, the licensee or
				  registrant further waives any objection to having the executive director assist
				  the board in the contested case proceeding.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.7 - Peer Review

Current through Register Vol. 47, No. 3, July 24, 2024
A complaint may be assigned to a peer review committee for
				  review, investigation and report.
(1)
				The board shall determine which peer review committee will review a case
				involving a dentist or dental assistant and what complaints or other matters
				shall be referred to a peer review committee for investigation, review, and
				report to the board. The board may use the peer review committee system
				organized under the dental care programs council of the Iowa dental
				association, a peer review committee system organized by the Iowa dental
				assistants association, or a specifically constituted peer review committee
				designated by the board for matters involving dentists or dental
				assistants.
(2) The dental hygiene
				committee shall determine which peer review committee will review a case
				involving a dental hygienist and what complaints or other matters shall be
				referred to a peer review committee for investigation, review, and report to
				the dental hygiene committee. The dental hygiene committee may use the peer
				review system organized under the ethics committee of the Iowa dental
				hygienists' association or a specifically constituted peer review committee
				designated by the dental hygiene committee for matters involving dental
				hygienists.
(3) The Iowa dental
				association, the Iowa dental hygienists' association and the Iowa dental
				assistants association shall register yearly and keep current their peer review
				systems with the board. Peer review committee members shall be registered with
				the board when appointed.
(4)
				Members of the peer review committees shall not be liable for acts, omissions
				or decisions made in connection with service on the peer review committee.
				However, immunity from civil liability shall not apply if the act is done with
				malice.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.8 - Duties of Peer Review Committees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The peer review committees shall observe
				the requirements of confidentiality imposed by Iowa Code section
				272C.6.
(2) The board may provide investigative and
				related services to peer review committees.
(3) A peer review committee shall thoroughly
				investigate a complaint as assigned and provide a written report to the board
				in accordance with the board's direction.
(4) The peer review report shall contain a
				statement of facts and a recommendation as to whether a violation of the
				standard of care occurred. The peer review committee should consider relevant
				statutes, board rules, ethical standards and standards of care in making its
				recommendations.
(5) The peer
				review report shall be signed by the members of the peer review committee
				concurring in the report.
(6) Upon
				completion, the peer review report and all investigative information shall be
				submitted to the board.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.10 - Confidentiality of Investigative Files

Current through Register Vol. 47, No. 3, July 24, 2024
Complaint files, investigation files, all other investigation
				  reports, and other investigative information in the possession of the board or
				  peer review committee acting under the authority of the board or its employees
				  or agents which relate to licensee or registrant discipline shall be privileged
				  and confidential, and shall not be subject to discovery, subpoena, or other
				  means of legal compulsion for their release to any person other than the
				  licensee or registrant and the board, its employees and agents involved in
				  licensee or registrant discipline, or be admissible in evidence in any judicial
				  or administrative proceeding other than the proceeding involving licensee or
				  registrant discipline. However, a final written decision and finding of fact of
				  the board in a disciplinary proceeding shall be public
				  record.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.11 - Reporting of Judgments or Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
Each licensee or registrant shall report to the board every
				  adverse judgment in a malpractice action to which the licensee or registrant is
				  a party and every settlement of a claim against the licensee or registrant
				  alleging malpractice. The report together with a copy of the judgment or
				  settlement must be filed with the board within 30 days from the date of said
				  judgment or settlement.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.12 - Investigation of Reports of Judgments and Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
Reports received by the board from the commissioner of
				  insurance, insurance carriers and licensees or registrants involving adverse
				  judgments in a professional malpractice action, and settlement of claims
				  alleging malpractice, shall be reviewed and investigated by the board in the
				  same manner as is prescribed in these rules for the review and investigation of
				  complaints.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.13 - Mandatory Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
For the purposes of this rule, the following
				definitions apply:
"Knowledge"
means any information or
				  evidence acquired from personal observation, from a reliable or authoritative
				  source, or under circumstances that cause the licensee or registrant to believe
				  that there exists a substantial likelihood that an act or omission may have
				  occurred.
"Reportable act or omission "
means any
				  conduct that may constitute a basis for disciplinary action under the rules or
				  statutory provisions governing the practice of dentistry, dental hygiene, or
				  dental assisting in Iowa.
(2)
Reporting requirement. A
report shall be filed with the board
				when a licensee or registrant has knowledge that another person licensed or
				registered by the board may have committed a reportable act or omission.
a. The report shall be filed with the board
				within 30 days from the date the licensee or registrant acquires knowledge of
				the reportable act or omission. However, in the event such reportable act or
				omission poses an immediate threat to patient safety, the report shall be filed
				within 24 hours from the date the licensee or registrant acquires knowledge of
				the reportable act or omission.
b.
				The report shall contain the name and the address of the licensee or registrant
				who may have committed the reportable act or omission, the date, time, place
				and circumstances in which the reportable act or omission may have occurred,
				and a statement indicating how the knowledge was acquired.
c. The requirement to report takes effect
				when a licensee or registrant has knowledge that another licensee or registrant
				may have committed a reportable act or omission. The final determination of
				whether or not such act or omission has occurred is the responsibility of the
				board.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 31 - Complaints and Investigations › Rule 650-31.15 - Immunities

Current through Register Vol. 47, No. 3, July 24, 2024
A person shall not be civilly liable as a result of filing a
				  report or complaint with the board, or for the disclosure to the board or its
				  agents or employees, whether or not pursuant to a subpoena of records,
				  documents, testimony or other forms of information which constitute privileged
				  matter concerning a recipient of health care services or some other person, in
				  connection with proceedings of a peer review committee, or in connection with
				  duties of the board. However, immunity from civil liability shall not apply if
				  the act is done with malice.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means the Iowa board of dental
				  examiners.
"Center "
or
"mediation center
				  "
means an approved dispute resolution center that has applied for and
				  received approval from the executive director of the prosecuting attorneys
				  training coordination council provided for in Iowa Code section 679.3.
"Mediation "
means an informal dispute
				  resolution process by which the parties involved in a dispute voluntarily agree
				  to enter into informal discussion and negotiation with the assistance of a
				  mediator.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.2 - Mediation Authorized

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to provide for mediation of
				  disputes between licensees or registrants and their patients when requested by
				  either party or recommended by the board and agreed to by the parties.
(1) The board may recommend for mediation
				those cases that are appropriate, which could include, but are not limited to,
				cases involving fee disputes.
(2)
				The board's referral of a matter to mediation shall not preclude the board from
				taking disciplinary action against the affected licensee or registrant. There
				is no obligation that the licensee or registrant participate in mediation and
				the licensee or registrant shall not be subject to disciplinary action for
				failure to participate in a board recommended mediation.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.3 - Mediation Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subsequent
				to an investigation by the board, the board may recommend mediation to address
				a dispute between a licensee or registrant and a patient.
(2) If mediation is recommended by the board,
				the board shall notify the licensee or registrant, the patient and a mediation
				center of the recommendation within 30 days.
(3) Upon receipt of a mediation request from
				the board, the mediation center shall provide the parties with a written
				statement setting forth the center's established procedures and the cost, if
				any, prior to each mediation session.
(4) If mediation is agreed upon by the
				parties involved, the mediation center shall schedule a mediation at a time and
				place convenient and neutral to the parties and the mediator.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.4 - Assignment of Mediator

Current through Register Vol. 47, No. 3, July 24, 2024
The assignment of a mediator shall be made by the mediation
				  center. At the request of either party, and upon a showing of good cause, the
				  director of the mediation center shall review the assignment of the mediator
				  and shall, upon a showing of good cause, remove a mediator and assign another
				  mediator to the case. Good cause includes partiality, bias, or the existence of
				  a personal or professional relationship with any of the
				  parties.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.5 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
If mediation is scheduled, either party may contact the
				  mediation center to cancel the mediation meeting or reschedule the mediation
				  meeting.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.6 - Mediation Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to any duties imposed by statute or rule, each
				  mediator shall:
(1) Clarify the names
				of all participating parties present and facilitate agreement on the attendance
				of assisting parties at the mediation meeting, as well as the extent to which
				such persons may participate in the proceedings.
(2) Ensure that the parties understand that
				the mediator does not legally represent any of the parties and is neutral in
				the proceedings.
(3) Help the
				parties review any proposed solution to determine if it can be effectively
				implemented and to help the parties understand the consequences of the proposed
				solution.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.7 - Mediation Report

Current through Register Vol. 47, No. 3, July 24, 2024
The mediation center shall report to the board whether or not
				  the parties agreed to participate in mediation and whether or not the mediation
				  was successful. The mediation center shall not, however, disclose the terms of
				  the mediation to the board. The mediation center shall make such report within
				  15 days of the conclusion of the mediation.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.8 - Mediation Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties involved in the dispute reach agreement, the
				  agreement may be reduced to writing setting forth the settlement of the issues
				  and the future responsibilities of each party.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.9 - Mediation Confidential

Current through Register Vol. 47, No. 3, July 24, 2024
All verbal or written information relating to the subject
				  matter of mediation or a mediation agreement transmitted between any party to a
				  dispute and a mediator or the staff of an approved center or any other person
				  present during any stage of mediation, whether reflected in notes, memoranda,
				  or other work products in the case files, is confidential communications except
				  as otherwise expressly provided for in Iowa Code chapter 679. Mediators and
				  center staff members shall not be examined in any judicial or administrative
				  proceeding regarding confidential communications and are not subject to
				  judicial or administrative process requiring the disclosures of confidential
				  communications.
This rule does not apply when a mediator or center staff
				  member has reason to believe that a party to a dispute has given perjured
				  evidence.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 32 - Mediation of Disputes › Rule 650-32.10 - Mediator Immunity

Current through Register Vol. 47, No. 3, July 24, 2024
No mediator, employee or agent of a center, or member of a
				  center's board may be held liable for civil damages for any statement or
				  decision made in the process of mediation unless the mediator, employee, agent
				  or member acted in bad faith, with malicious purpose or in a manner exhibiting
				  willful and wanton disregard of human rights, safety or
				  property.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 33 - Child Support Noncompliance › Rule 650-33.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter the following definitions
				  shall apply:
"Act"
means Iowa Code sections
				  252J.1 to
				  252J.9.
"Board"
means the Iowa board of dental
				  examiners.
"Certificate "
means a document known as a
				  certificate of noncompliance which is provided by the child support unit
				  certifying that the named licensee or registrant is not in compliance with a
				  support order or with a written agreement for payment of support entered into
				  by the child support unit and the licensee or registrant.
"Child support unit"
means the child support
				  recovery unit of the Iowa department of human services.
"Denial notice "
means a board notification
				  denying an application for the issuance or renewal of a license or registration
				  as required by the Act.
"License"
means a license to practice
				  dentistry or dental hygiene.
"Registration"
means registration to
				  practice as a dental assistant trainee or registered dental assistant.
"Revocation or suspension notice "
means a
				  board notification suspending a license or registration for an indefinite or
				  specified period of time or a notification revoking a license or registration
				  as required by the Act.
" Withdrawal certificate "
means a document
				  known as a withdrawal of a certificate of noncompliance provided by the child
				  support unit certifying that the certificate is withdrawn and that the board
				  may proceed with issuance, reinstatement, or renewal of a license or
				  registration.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 35 - Iowa Practitioner Review Committee › Rule 650-35.2 - Board Referrals to the Iowa Practitioner Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility for board referral to
				IPRC.
The board may refer a practitioner who is the subject of a board
				order to the IPRC for monitoring in the following circumstances:
a. The practitioner has an impairment as
				defined in rule
				650-35.1
				(272C).
b. The board determines
				that the practitioner is an appropriate candidate for participation in the
				IPRC.
c. The IPRC determines that
				the practitioner is an appropriate candidate for participation in the
				IPRC.