Arkansas Administrative Code
Agency 038 - Board of Dental Examiners
Rule 038.00.12-001 - Article X: Defining Unprofessional Conduct/Patient Abandonment
Universal Citation: AR Admin Rules 038.00.12-001
Current through Register Vol. 49, No. 9, September, 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.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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