Section 338.11117. Violations of the act.

Rule 1117. All of the following activities are violations of the act:

(a)      Abandonment of dental treatment of a  patient  of  record  without advising the patient of the necessity  of   immediate  dental   or  medical treatment when needed and without advising the patient to seek treatment from another health professional is a violation of section 16221(a) of the act.

(b)      Performance of dental treatment without the patient's express or implied consent or the express or implied consent of the patient's guardian is a violation of section 16221(a) of the act.

(c)     Practicing or offering to practice professional responsibilities which the licensee knows or has reason to know he or she is not competent to perform is a violation of section 16221(a) and (b)(i) of the act.

(d)     Practicing or offering to practice, without adequate supervision, professional services which the licensee is authorized to perform only under the supervision of a licensed dentist as provided for in these rules,  except in an emergency situation where a

person's life or  health   is  in  immediate danger, is a violation of section 16221(a) and (b)(i) of the act.

(e)         Delegating or assigning professional responsibilities to a person when the licensee delegating or assigning such responsibilities knows or  has reason to know that such person is not qualified by training, by experience, or by licensure to perform them is a violation of section 16221(a) and (b)(i) of the act.

(f)      Failure to be present in the office as needed to supervise, or failure to provide needed level of supervision of, the work of an assistant, registered dental assistant, registered dental hygienist, or other employee not licensed as a dentist under the act is a violation of section 16221(a) of the act.

(g)     Failure to provide the same level of emergency care at all offices or facilities is a violation of section 16221(a) of the act.

(h)       It shall be deemed a violation of section 16221(c)(ii) of the act if a dentist allows his or her license to be used by a person who is unlawfully engaged in the practice of dentistry. "Person," as used  in  this rule, is defined in section 1106 of the act.

History: 1984 AACS.