Employment Law and the Dental Practice Act
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1 Employment Law and the Dental Practice Act Presented by ALI OROMCHIAN, ESQ. JULY 11, 2014
2 Your Day Billing Charting Patient Communication Accounts Receivable Digital X- ray/pan o Payroll Insurance Human Resources Referrals Marketing Appointments Taxes Family/Ki ds Inventory Consults Staffing CE Units
3 EMPLOYMENT LAWS
4 CLAIMS ARE ON THE RISE
5 THE UGLY Wage and Overtime Claims are on the Rise - In 2013 there was a 27% increase in claims filed compared to previous years. Insurance Protection Vastly Changing - Insurance providers are steering away from offering EPLI, or stripping away benefits under its offered policies. Constant Changes in Employment Laws & Policies - In 2014 alone, over 20 California polices have been amended
6 Forms, Policies and Laws are Constantly CHANGING
7 REQUIRED FORMS Employment Application W-4 I-9 Sexual Harassment Information Employee Manual At-Will Acknowledgment Emergency Contact WHAT FORM IS MISSING?
8 At-Will Employer can terminate employee without notice or cause. Employees are free to leave without notice or cause. Exceptions: Statutory Protection you cannot terminate an employee because they filed a complaint or gave testimony for a complainant. Implied contract. Public policy / wrongful discharge claims.
9 At-Will How to maintain at-will employment. Employment Applications Oral Statements During Hiring Process or during employment You ll always have a home here as long as you do a good job. We never fire an employee who s performing well. Note: The use of an employment agreement alters the at-will relationship. Most employment agreements cover a specific period and set forth the grounds under which the contract may be terminated.
10 Top 10 Things to Avoid 1. Save Money. Establish a use-it-or-lost-it vacation policy. 2. Hold your employee s final paycheck until they turn in their keys. 3. Get rid of anyone who files a worker s compensation claim, but wait until they come back to work so it won t look bad. 4. Let everyone work four 10-hour days, or better yet, whatever schedule they want. 5. Don t waste time training the office managers about labor laws.
11 Top 10 Things to Avoid 6. Congratulate your new employees for passing her 90-day probationary period and let her know she s now eligible for permanent employee benefits such as vacation and health insurance. 7. Pay everyone a salary. Payroll is so much easier without having to calculate overtime. 8. To increase productivity, let employees work through lunch breaks on busy days, and make up the missed time off at the end of the day or on a a slower day. 9. Protect business secrets by requiring employees to sign non-competes. 10. Avoid employment law and tax hassles by making everyone an independent contractor.
12 Solutions 1. I.P. Specific Time Clock 2. Up-to-Date Employment Manual 3. Accurately Document Events 4. Time Stamp Recordkeeping 5. Performance Review 6. Documentation, Documentation, Documentation
13 DENTAL PRACTICE ACT
14 Why Is It Important Required for license renewal Improving quality of care to patients Increasing patient safety Improving team performance Dedicating to your profession Avoiding license suspension/revocation
15 Most Common Traps OSHA/Infection Control Laws Coronal polishing and prophy Non-dental cosmetic treatment Permanent cementation of crown Unlicensed dentist Not referring to a specialist Drugs/Alcohol
16 Impact of Being in Violation DBC s public website Impact on patients Lending Insurance exclusion Fines License Revocation/Suspension
17 Dental Practice Act DBC s primary goal is the protection of the public by: Issuing licenses Investigating complaints Disciplining licenses Monitoring licensees who are on probation Managing the diversion program
18 License Renewal Every two years Dentist: 50 hours of CE BreEZE (2014) Online licensing and enforcement
19 License Display License must be prominently displayed Name/license status must be on a name tag
20 Define Dentistry Dentistry is the diagnosis or treatment, by surgery or other method, of diseases and lesions and the correction of malpositions of the human teeth, gums, jaws or associated structures, and such diagnosis or treatment may include all necessary related procedures as well as the use of drugs, anesthetic agents, and physical evaluation.
21 No Treatment Until Patient becomes of record in the office... and Doctor examines patient and treatment plan is created.
22 Liability During Emergencies No person, who in good faith renders emergency care at the scene of an emergency occurring outside the office, or who, upon the request of another person so licensed, renders emergency care to a person for a complication arising from prior care of another person so licensed, shall be liable for any civil damages as a result of any acts or omissions by that person in rendering the emergency care.
23 Direct vs. General Supervision Instruction and Physical presence vs. instruction and no physical presence
24 Unprofessional Conduct The use of any false, assumed or fictitious name Accepting or receiving commissions for patients or for treatment Any advertising tending to deceive or mislead
25 Unprofessional Conduct Alteration of a patient s record with intent to deceive. Abandonment of the patient. Advertising on sites such as Groupon? Failing to follow OSHA guidelines
26 Must Report Immediately Abuse of an elder or dependent adult Child abuse or neglect Reasonable suspicion
27 Questions? Thank you for your time! Ali Oromchian, Esq
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