Orthotown March 2013 - (Page 40)
practice management // feature
continued from page 39
that should be needed. This is a matter of great importance to
all concerned and merely relying upon what is perceived as common knowledge, oral conversations, common practice among
fellow orthodontists or discussions at meetings or informal
groups is inadequate and might prove to be catastrophic. Take
the time and incur the expense needed. Do not delegate the
investigation and decision to your staff. This merits your
involvement or the involvement of your legal counsel.
The table provides an overview to the various state dental
boards’ delegation information as well as links to contact each
jurisdiction to begin the due diligence needed to learn the specific orthodontic duties that may be delegated in your jurisdiction. It is not meant as a definitive answer to any delegation
question. Any and all delegation questions must be directed to
the respective dental board of the jurisdiction(s) in which the
reader practices.
With this background in mind, it is suggested, at a minimum,
that practitioners read and periodically re-read their Dental
Practice Act(s), regulations and disciplinary actions to verify the
permissible delegations for bonding and debonding, archwire
changes and retainer impressions in each jurisdiction in which they
practice. Specifically, verify the functions for EFDA’s, licensed/
certified dental assistants and unlicensed dental assistants. In the
event that any ambiguity or questions exist as to permissible
delegation, the dental board should be contacted to obtain further
clarification. Be mindful to create a paper trail for your records. By
so doing, you eliminate the possible catastrophic consequences that
can occur from illegal or unethical delegation of duties. n
Author Bios
Dr. Donald E. Machen is the recognized authority on risk management in orthodontic practice, having initiated the discipline in the mid-1980s. He developed, moderated and presented at the AAO’s first national risk management telecast to more than 2,600 orthodontists. He has represented orthodontists, dental specialists, general dentists and physicians in malpractice lawsuits and other legal matters as a trial lawyer and is currently a trial court
judge in Pennsylvania, having served for more than 14 years. He is a board certified orthodontist maintaining a part-time practice and is on the orthodontic faculty of Case Western University Dental School and The University of Pittsburgh School of Dental Medicine. He is also an adjunct professor of Law at Duquesne
University School of Law where he teaches malpractice litigation. Dr. Machen was the editor of the Legal Aspects of Orthodontic Practice column in the AJO, writing
a monthly column, and has authored columns in JCO and Ortho Tribune. He lectures extensively to orthodontic groups, both large and small, focusing on developing highly effective systems for eliminating lawsuits, optimizing patient care and increasing practice referrals. Dr. Machen is the author of Managing Risk in
Orthodontic Practice and is managing director of Risk Management Consultants, LLC. He can be contacted at: drmachen@orthormc.com.
Hollie A. Bernstein Machen, Esq. – After graduating from the University of Pittsburgh School of Law, Hollie spent the early part of her legal career as a litigation
associate and then partner of the Bernstein Law Firm, a multi-office firm specializing in creditors’ rights. After leaving that firm to raise her three children, Daniel,
Lindsey and Roxanne, she began focusing on legal research and writing as a judicial law clerk in Pennsylvania and has remained active in that endeavor for more
than 13 years. Additionally, she spent more than five years counseling clients on financial issues as a wealth management advisor at PNC Bank and National City
Bank, earning various designations in the financial services profession including that of Certified Retirement Planning Counselor. Presently, in addition to working
with clients at Risk Management Consultants, she spends time teaching online legal research skills to attorneys and judges as a research specialist for Westlaw
and acts as practice manager for Dr. Machen’s part-time orthodontic practice.
Michael Cohen is a third-year dental student at Tufts University School of Dental Medicine in the Class of 2014 and would like to pursue an orthodontic residency. He conducted the research compiling the data regarding the contact information for each state, which can be found at Orthotown.com/delegation.
Ad Index
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Table of Contents for the Digital Edition of Orthotown March 2013
Orthotown.com Highlights
Wired for Success: Big Brother is Watching
Where to Put a TAD
What’s the Right Ratio of Front/ Back Staff?
Class I Malocclusion Severe Crowding, Severe OJ, Missing LL3 CBCT Video
You Should Know: Renew Digital
You Can’t Manage What You Can’t Measure
A Protocol for Creating Images from CBVI for the Practicing Orthodontist, Part I
Are Your Patients Included in Your Training Plan?
Delegation of Duties in Orthodontic Practice
Ad Index
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