Virginia Administrative Code
Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING
Agency 60 - BOARD OF DENTISTRY
Chapter 21 - REGULATIONS GOVERNING THE PRACTICE OF DENTISTRY
Part II - Standards of Practice
Section 18VAC60-21-70 - Unprofessional practice
Universal Citation: 8 VA Admin Code 60-21-70
Current through Register Vol. 41, No. 3, September 23, 2024
A. No dentist shall commit any act that violates provisions of the Code of Virginia that reasonably relate to the practice of dentistry, including:
1. Delegating any dental service or operation
that requires the professional competence or judgment of a dentist to any
person who is not a licensed dentist or dental hygienist or a registered dental
assistant II.
2. Violating any
applicable statute or regulation governing ionizing radiation in the
Commonwealth of Virginia, including current regulations promulgated by the
Virginia Department of Health.
3.
Failing to maintain and dispense scheduled drugs as authorized by the Virginia
Drug Control Act (Chapter 34 (§
54.1-3400 et seq.) of Title 54.1
of the Code of Virginia) and the regulations of the Board of
Pharmacy.
4. Failing to cooperate
with an employee of the Department of Health Professions in the conduct of an
investigation or inspection.
B. Sexual conduct with a patient, employee, or student.
1. Sexual contact with a patient,
employee, or student shall constitute unprofessional conduct if:
a. The sexual contact is unwanted or
nonconsensual; or
b. The sexual
contact is a result of the exploitation of trust, knowledge, or influence
derived from the professional relationship or if the contact has had or is
likely to have an adverse effect on patient care.
2. The determination of when a person is a
patient for purposes of this section will be made on a case-by-case basis, with
consideration given to the nature, extent, and context of the professional
relationship between the practitioner and the person. The fact that the person
is not actively receiving treatment or professional services from a
practitioner is not determinative of this issue. A person is presumed to remain
a patient until the practitioner-patient relationship is terminated.
3. Sexual contact between a practitioner and
a former patient after termination of the practitioner-patient relationship may
still constitute unprofessional conduct if the sexual contact is a result of
the exploitation of trust, knowledge, or influence derived from the
professional relationship.
4.
Sexual contact between a practitioner and a key third party shall constitute
unprofessional conduct if the sexual contact is the result of the exploitation
of trust, knowledge, or influence derived from the professional relationship or
if the contact has had or is likely to cause an adverse effect on patient care.
For purposes of this section, "key third party" shall mean spouse, partner,
parent, child, guardian, or legal representative of a
patient.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia 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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