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Book Cover
E-book
Author Association, American Dental

Title A Dentist's Guide to the Law
Edition 4th ed
Published New York : American Dental Association, 2021

Copies

Description 1 online resource (360 p.)
Contents Intro -- Title Page -- Copyright page -- Acknowledgements -- About the Book -- A Letter from ADA's General Counsel -- Disclaimer -- Table of Contents -- Section 1: Introduction -- Chapter 1: How to Use This Book -- 1. How Should I Use This Book? -- 2. Will You Give Me a Referral to a Lawyer in My Area? -- 3. What Does a Dentist Need to Know to Select the Right Lawyer? -- Chapter 2: Know the Law -- 4. What Are Some Laws That Apply to Dentistry? -- 5. What Key Federal Laws Apply in Dentistry? -- 6. What Key State Laws Do I Have to Comply With? -- Chapter 3: Lawsuits -- 7. What Are the Penalties for Violating HIPAA? -- 8. I've Been Sued. What Do I Do? -- 9. Should I Settle? On What Terms? -- 10. Must a Settlement of a Malpractice Claim Be Reported to the Data Bank? -- 11. Will the ADA Represent Me or File a Brief on My Behalf? -- Chapter 4: The ADA Legal Division -- 12. What Do the ADA's Lawyers Do for Me? -- Section 2: Establishing the Dental Practice -- Chapter 5: Practice Formats: The Business/Legal Structure -- 13. What Business Structure Options Do I Have? -- 14. What Are the Advantages and Disadvantages of a Sole Proprietorship? -- 15. What Are the Pros and Cons of a General Partnership? -- 16. Does a Limited Partnership Have Advantages over a General Partnership? -- 17. What Is There about a Corporation That Would Make Me Want to Incorporate My Practice? -- 18. Will It Help Me to Be a Limited Liability Company? -- 19. Should I Create an Operating Agreement if I Choose the LLC or PLLC Format? -- Chapter 6: Dental Office Design -- 20. What Laws Affect Office Design? -- 21. What Does the Americans with Disabilities Act (AwDA) Require for Office Design? -- 22. Isn't There a "Grandfather" Provision That Exempts Me from the AwDA? -- 23. What Is a "Drive-By" Lawsuit?
24. I Rent My Office Space. Isn't AwDA Compliance the Building Owner's Responsibility? -- 25. What Are the AwDA Requirements for Existing Facilities? -- 26. What Are the AwDA Rules for Renovation and New Construction? -- 27. How Do I Get More Specific Information about the AwDA Accessibility Requirements? -- 28. Do I Still Have to Comply with State and Local Laws? -- 29. Does HIPAA Impose Requirements Related to Dental Office Design? -- 30. Could Other Dental Issues Affect Office Design? -- 31. Is Video Surveillance Permitted in the Dental Office? -- 32. Should I Rely on Design Professionals, and What Should Their Contracts Include? -- 33. Do My Dental Exam Chairs Need to Be Accessible to Patients with Disabilities? -- 34. Should I Have an Automated External Defibrillator (AED) in My Dental Office? If So, Where? What Legal Concerns Are There with Respect to an AED in the Dental Office? -- Chapter 7: Practice Marketing -- 35. What Legal Limits Are There on Advertising My Practice? -- 36. What Rules Apply to Dental Specialty Claims? -- 37. Can I Use ADA Materials or Other Existing Material in Promoting My Practice? -- 38. Can I Use the ADA Logo to Market My Practice? How Can I Use the ADA Logo on My Website? What Rules Apply to the ADA Membership Logo? -- 39. Is My Website Exempt from These Traditional Practice Marketing Rules? -- 40. Can I Send Information about Products or Services to Patients, or Provide Patient Lists to a Company That Wants to Send Them Information? -- 41. What Can I Do If a Negative Rating, Review, or Comment about My Practice Is Posted on a Blog or Website? -- 42. Can My Dental Practice Advertise That We Accept Medicaid? -- 43. Does Our Dental Practice Need to Be Aware of What Federal Laws Apply to Commercial Messages Sent via Telephone, Email, Fax, and Text? -- Chapter 8: Practice Websites
44. What Are Some of the Liability Issues with Practice Websites? -- 45. What Protective Measures Can I Build into the Design of My Site to Help Avoid Liability? -- 46. What Steps about Site Content Can I Take to Reduce My Legal Exposure? -- 47. Are There General Rules for Communicating Online? -- 48. When Do I Need Permission to Use What Is Not Mine on My Website? -- 49. How Can I Protect What Is Mine on My Website? -- 50. Should I Have Written Contracts with Professionals I Hire to Help Design My Website? -- 51. Does My Dental Practice Website Need to Be Accessible to People with Disabilities, Such as Someone Who Is Blind or Hard of Hearing? -- 52. Do I Really Have to Worry about All This? Won't My Website Be Insured? -- Section 3: Employment Law -- Chapter 9: Introduction to Employment Law -- 53. What Employment Law Issues Arise in a Dental Office? -- 54. What Law(s) Do I Have to Comply with-Federal, State, or Local Law? -- 55. What Is the Risk of Non-Compliance? -- 56. Who in My Office Needs to Know Employment Laws? -- 57. Are These Employment Lawsuits I Hear about Real? -- 58. What Laws Govern LGBT Employment Discrimination? -- 59. How Can I Make Sure That My Practice Stays Ahead of Discrimination Incidents Following the Bostock Ruling? -- Chapter 10: Office Manual and Policies -- 60. How Can I Protect My Practice? -- 61. Are There Special Concerns Dentists Should Have about Employment Lawsuits? -- 62. Is Having an Office Policy Manual or Employee Handbook a Good Idea? Will It Take Care of My Legal Needs? -- 63. What Office Policies Do I Need? -- Chapter 11: Hiring -- 64. When Hiring an Associate Dentist, Do I Need a Written Contract and, If So, What Should Be in It? -- 65. What Is the Importance of the Exempt versus Non-Exempt Distinction? -- 66. Can I Conduct a "Working Interview" with a Prospective Employee?
67. Can I Require Drug Testing of Applicants? -- 68. What Information Should Be Included in a Background Check for a Potential Employee? Can a Credit Check Be Run before Hiring a New Employee? -- Chapter 12: Managing the Dental Team -- 69. How Should I Approach Performance Appraisals? -- 70. How Should I Handle Employee Discipline? -- 71. What Should I Do If the Employee Engages in Unlawful Acts, Such as Embezzlement, Theft, or Writing Prescriptions on Stolen Pads? -- 72. I'm Concerned about a Disturbing Change in the Behavior of an Individual Who Works in My Dental Practice. What Should I Do? -- 73. What If I Suspect an Employee or Coworker Is Abusing or Taking Drugs from the Dental Office? -- 74. Must a Dentist Be Present When a Hygienist Is Working? -- 75. Do I Need to Pay Practice Staff for the Time They Spend Taking Continuing Education Classes or Other Outside Training? -- 76. What Are My Obligations as an Employer When an Employee or an Associate Dentist in My Practice Has Been Called to Active Duty by the Military? -- 77. What Do I Need to Document? -- 78. What Notices Must I Post about Employment Matters? -- 79. Are There Employment Law Resources That Can Help Me? -- Chapter 13: Termination -- 80. What Issues Arise When Terminating an Employee? How Does Employment "At Will" Fit In? -- 81. Can I Terminate an Employee Who Has HIV? What about an Employee Who Has Hepatitis C? -- 82. Can I Terminate a Staff Person Who Is Continuously on Sick Leave? -- 83. Can I Terminate an Employee for Reporting to Authorities What He or She Perceives as a Legal Violation? -- Section 4: Compliance: OSHA, HIPAA, FACTA, COPPA, and the Physician Payments Sunshine Act (Open Payments) -- Chapter 14: OSHA -- 84. I Am Just a Small Business. Does OSHA Really Apply to Me? -- 85. I Never Hear from OSHA, but I Do Hear from a State Agency. Why Is That?
86. Does OSHA Regulate My Relationships with My Patients? -- 87. What Are My Obligations under OSHA? -- 88. What Is the General Duty Clause? -- 89. What Is My Duty with Respect to OSHA Standards? -- 90. How Do I Prepare Generally for OSHA's Required Written Programs? -- 91. Do I Have to Voluntarily Let an OSHA Compliance Officer Inspect My Office? -- 92. What Should I Do If an OSHA Inspection of My Office Is Taking Place? -- 93. The Compliance Officer Wants to Interview My Employee. Should I Allow It? -- 94. The Compliance Officer Wants to Interview Me. Do I Agree to Be Interviewed? -- 95. No OSHA Compliance Officer Is Trying to Inspect My Office, but OSHA Sent Me a Letter and Expects a Response. What Do I Do? -- 96. OSHA Issued a Citation. What Do I Do? -- 97. Can I Get an Extension of the 15-Day Period? -- 98. What Happens If I Do Nothing? -- 99. What Are My Options after Receiving a Citation? -- 100. Do I Need a Lawyer? -- Chapter 15: HIPAA, State Law, and Payment Card Industry Data Security Standard: Patient Information -- 101. How Does HIPAA Affect the Way I Manage Patient Information? -- 102. Do I Have to Comply with HIPAA? -- 103. What Do I Have to Do in Order to Comply with HIPAA's Privacy Rule? -- 104. Is Following HIPAA Enough, or Should I Follow State Law (Too)? -- 105. Can the Outside Cover of a Chart Contain Patient Information? -- 106. Who Can Make Entries in the Record? -- 107. Are There Rules about How to Write in the Record? -- 108. Is It Okay to Alter the Record? -- 109. Who Owns the Record? What Rights Do Patients Have? -- 110. What Permission, If Any, Must a Patient Give for Me to Transfer His or Her Records? -- 111. How Does HIPAA Affect Dealing with Patient Surrogates or Representatives, Such as Non-Custodial Parents, Who Request Information from, or Copies of, the Record?
Notes Description based upon print version of record
Form Electronic book
ISBN 9781684471591
1684471591