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NSDP Risk Management Resources - Risk Management Alerts


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FTC Red Flags Rule: June 2010 Update
At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the ed FlagsRule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule.
Topic: Bisphosphonate - Osteonecrosis
Oral bisphosphonate induced osteonecrosis of the jaw (ONJ) is a real condition that is seen far less frequently than ONJ related to intravenous bisphosphonate therapy.
Topic: More on Oral Soft Tissue Lesions
The incidence of oral squamous cell carcinoma has been increasing in persons under 40 years old as well as among young females.
Topic: Dental Cremes
There have been several reports over the last two years of neurologic problems associated with the use of Zinc containing denture pastes such as Super Poligrip and Fixodent. On Thursday, February 18, 2010 GlaxoSmithKline announced that they were stopping sales and production of three versions of Poligrip but did not issue a recall.
Oral Cancer in Women Rising
The Oral Cancer Foundation has recently reported that the numbers of oral cancers diagnosed each year are rising. Oral cancer has historically been primarily a male disease with six males affected for every female. However that ratio has changed over the past number of years to two males for every female diagnosed.
Latisse and Ozone Treatments
Two new treatments are being performed in dental offices. Before introducing any new procedures to your office, you should check with your state licensing board to ensure such procedures are within the scope of practice for your state. Moreover, you should research any new procedure that is introduced into your practice to determine the safety and efficacy of its use prior to using it. You should obtain an adequate consent for the use of any new procedures.
FTC Red Flags Rule-November 2009 Update
Effective November 1, 2008, the United States Federal Trade Commission (FTC) adopted regulatory language requiring various entities, including businesses (which in almost all circumstances includes Dental Practices), not for profit organizations, and governmental units to create policies and procedures to address Detection, Prevention, and Mitigation of identity theft for overed accounts
Recent FDA Directives Concerning Botulinum Toxins
On April 30, 2009 the Federal Drug Administration, in response to a citizen petition, issued, and on August 3, 2009 updated, new directives that require holders of Biologic License Applications (BLA) for licensed botulinum toxin products to add wording to all labeling that there is a risk of the spread of the toxin effects from the site of injection.
New HIPAA Breach Notification Requirements
On August 24, 2009 the U.S. Department of Health and Human Services published new additional sections to the HIPAA regulations.
Botox And Facial Fillers (Extra Oral Cosmetic Procedures)
The legality of the cosmetic uses of Botox and Facial Fillers by dentists has been a subject of controversy for the last several years.
FDA Regulation on Dental Amalgam
The U.S. Food and Drug Administration issued a final regulation classifying dental amalgam and its component parts elemental mercury and a powder alloysed in dental fillings.
A Current and Emerging Risk - Antimicrobial agent induced Clostridium difficile
Anytime you prescribe any class of antibiotics be aware there are potential untoward complications, and make certain you discuss these complications with your patient.
Usability of computer based dental record systems
A recent article published in the Journal of The American Dental Association looked at the usability of dental-based computer record keeping systems of four major software vendors.
Infection Control - Do you have a plan?
Although the risk of infection is lower in the dental office than it is in the hospital environment, infection control protocols in the dental office are still critically important to the safety and well being of patients, dentists and employees.
Bisphosphonate - Osteonecrosis Warning - UPDATE January 2009
A connection between Fosamax and other bisphosphonates and a serious bone disease called Osteonecrosis of the Jaw (ONJ) has been found.
National Provider Identifier (NPI) Update DO YOU WRITE PRESCRIPTIONS?
An NPI is a unique 10-digit numeric identifier assigned to health care providers and organizations defined as covered entities under HIPAA. Any health care provider or organization defined as a covered entity under HIPAA and now the recent clarification from HHS is required to obtain an NPI.
New Antibiotic Prophylaxis Guidelines Released
The American Heart Association has released new guidelines as of April 19, 2007, for the prevention of infective endocarditis in certain cardiac patients while undergoing dental treatment.
New Jersey Appellate Division holds that an Affidavit of Merit is required in dental malpractice claims seeking to prove negligence as a matter of Common Knowledge or Res Ipsa Loquitor
New Jersey's Appellate Division (the intermediate level appeals court in NJ) overruled (reversed) a prior Law Division case (NJ's lower court) that held a certificate of merit is NOT required in dental malpractice cases when a patient seeks to prove a dentist's negligence by use of the common Knowledgeor es Ipsadoctrines.
New Jersey's Top Court to Decide On Punitive Damage Award for Altering a Medical Record
The New Jersey Supreme Court (the highest court in NJ) recently heard legal arguments in a case against a Chiropractor who admittedly rewrote his medical record.
New York enacts the Physician Profiling Law - ARE DENTISTS NEXT?
On Friday, October 6, 2000, Governor George Pataki signed the Patient Health Information and Quality Improvement Act of 2000 (Public Health Law 29-D), also known as "the Physician Profiling Law." The law expands the scope of information available to patients about health care in the State of New York and creates a statewide health information system for the collection and dissemination of information about physicians licensed to practice medicine in the State of New York.
New York State Requires Dentists to Attend an Oral Cancer Detection Continuing Education Course
In September, Governor George Pataki signed legislation requiring all dentists in the State of New York to attend an Oral Cancer Detection Continuing Education Class.
Pennsylvania Modifies Joint and Several Rule
On June 19, 2002, Governor Mark Schweiker signed legislation heralding a major change in Pennsylvania tort law.
Return of Fees
The first line of defense against a request for return of fees is prevention.
Reporting a Dental Incident to us
Delayed reporting can lead to patient dissatisfaction, loss of crucial evidence, unnecessary lawsuits, time and expense away from your practice and possibly the loss of insurance protection.
SENATE and HOUSE VOTE TO REPEAL ERGONOMICS REGULATIONS -- UPDATE OF OUR RISK MANAGEMENT ALERT DATED FEBRUARY 1, 2001
The U.S. House of Representatives, following the Senate lead, voted March 7 to repeal ergonomics regulations issued by the Clinton administration and in effect legally since Jan. 16, effectively killing the controversial rules.
The Disaster on September 11-- A Guide for Dentists
The disasters on September 11 touched us all -- personally
ABC News 20/20 Investigation Warns Consumers That High Levels Of Bacteria Are Found In Dental Unit Instruments
On February 19, 2000, ABC's 20/20 news program aired the results of an investigation they conducted about high levels of bacteria found in dental unit instruments.
New X-Ray Guidelines
The National Academy of Sciences has issued a report stating that low doses of radiation, including that from dental x-rays, pose a small risk of cancer.
OSHA Announces New Needle Safety and Record Keeping Regulations
On January 18, 2001, OSHA announced new needle safety and record keeping regulations scheduled to take effect during the first year of the George W. Bush administration alongside new ergonomics rules. The needle safety and record keeping regulations take effect April 18 and Jan. 1, 2002, respectively.
OSHA IMPLEMENTS NEW NEEDLE SAFETY PROVISIONS
According to the American Dental Association, the new needle safety regulations for health care employers that will take effect are expected to have minimal impact on private dental practices - UPDATE TO OUR RISK MANAGEMENT ALERTS DATED FEBRUARY 1, 2001 AND MARCH 8, 2001.
OSHA Issues Hazard Information Bulletin for Exposure to Beryllium in Dental Labs
A new Hazard Information Bulletin issued by the Occupational Safety and Health Administration alerts dental laboratories on how to prevent exposure to beryllium, which can cause chronic beryllium disease (CBD), a debilitating and often fatal lung disease, or lung cancer.
Personal use of electronic equipment
Every dental office should have a clearly articulated policy on the use of supplied equipment and what staff may expect in terms of privacy and monitoring.
Management of Paresthesia
Paresthesia is a temporary or permanent loss of sensation resulting from pressure or damage1 to the nerve effecting the tissues of the mouth, including the tongue, cheek, lip, or chin. Paresthesia mostly occurs after third molar extractions. Paresthesia also occurs less frequently as a result of a dental implant procedure and anesthetic injections.
Informed Refusal
A new risk in dental practice has surfaced in the past few years. It relates to the refusal of a patient to follow the advice of the treating doctor.
Is Your Dental Practice OSHA Compliant?
Most dentists know that their office is required to remain compliant with the Occupational Safety & Health Administration regulations. If you don't, you risk the possibility of fines and statutory penalties.
Florida Mandates Defibrillators in Dental Offices
Starting February 28, 2006 all dental offices in Florida will be required to have an automatic external defibrillator (AED) on the premises.
CDC Urges Dentists to Dispose of Lead Boxes
The Centers for Disease Control and Prevention (CDC) is urging that dentists dispose of boxes lined with lead oxide that are used to store radiographic film.
An interesting decision: Colorado Supreme Court allows jury to hear evidence of a commonality of insurance carriers between a dentist and his expert witness.
The Colorado Supreme Court (CO's highest court) has allowed a jury verdict to stand where the jurors were told that the defendant dentist and his expert witness were insured by the same insurance trust.
Florida Risk Management Alert - Senate Bill 1558
Effective July 1, 2001, Florida has enacted Senate Bill 1558 that includes a number of changes that effect the Division of Medical Quality Assurance and the Board of Dentistry.
Final Regulation for the HIPAA Security Standard is Announced
Two HIPAA final regulations, those for Security Standards, and for Modifications to the Transactions Standards, went on display today at the Office of the Federal Register.
Language Barrier Issues
Although the official and principal language of the United States is English, there have always been parts of the population for whom English was not the primary tongue.
Is Your Dental Practice Ready for a Medical Emergency?
Most dentists know that their office is required to remain compliant with the Occupational Safety & Health Administration regulations. If you don't, you risk the possibility of fines and statutory penalties.
Basic Practice Guidelines
Dentist's Advantage has recently received reports of incidents which have highlighted basic office protocols that, if not adhered to at all times, may have the potential for serious consequences.
Legislation to Limit Medical Malpractice Damages Goes to Senate for Approval
On September 26, 2002, the United States House of Representatives voted to pass into law House Resolution 4600, a bill that would limit damage awards and attorney's fees in medical malpractice lawsuits. The Senate Committee on the Judiciary sent the bill to the Senate for initial review.
Jury Awards a Patient $5 Million Dollars
A dental patient who claimed her dentist left her with chronic pain when she pulled her wisdom teeth has been awarded $5 million by a Durham County jury.
Are you ready for Hurricane Isabel?
WHAT WE KNOW: Hurricane Isabel is bearing down on the East Coast NOAA is predicting landfall Thursday or Friday between NC and NJ The last large hurricane to hit the United States, Allison, resulted on over $6 BILLION in property damage - WHAT YOU CAN DO?
Dental Assistants
In today's litigious society a dentist who practices without a dental assistant is practicing with a greater risk than those who practice with an assistant.
Do-It-Yourself Cosmetic Dental Devices
Your patients are hearing this all the time: "Want a winning smile and refreshing breath?"Let's face it, U.S. dental product makers are more than eager to oblige.


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