Principles of professional ethics; retirement or discontinuance of practice, 27.1, 27.10
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 153.32, 153.33(1)"e," and 153.34, the Dental Board hereby gives Notice of Intended Action to amend Chapter 27, "Standards of Practice and Principles of Professional Ethics," Iowa Administrative Code.
The purposes of the proposed amendments are to update references to the code of ethics for each profession and to specify the criteria, specify the mode of communication and define a permanent practice location for retirement or discontinuation-of-practice notices.
These amendments update language to reflect that practitioners should refer to the most updated version of their respective code of professional ethics.
These amendments would require any dentist who retires or leaves a permanent practice location to notify any patient treated within the previous two-year period, in writing, informing the patient of the location of the patient's record and options for future care.
These amendments define a permanent practice location as any location at which a dentist has regularly practiced for a period of six consecutive months, on a full- or part-time basis.
Any interested person may make written comments on the proposed amendments on or before February 21, 2017. Such written materials should be directed to Phil McCollum, Associate Director, Iowa Dental Board, 400 S.W. Eighth Street, Suite D, Des Moines, Iowa 50309; or sent by e-mail to email@example.com.
There will be a public hearing on February 21, 2017, at 2 p.m.in the Board office, 400 S.W. Eighth Street, Suite D, Des Moines, Iowa, at which time persons may present their views orally or in writing.
These amendments are subject to waiver or variance pursuant to 650—Chapter 7.
After analysis and review of this rule making, no impact on jobs has been found.
These amendments are intended to implement Iowa Code sections 153.32, 153.33(1)"e," and 153.34.
The following amendments are proposed.
Item 1. Amend rule 650—27.1(153) as follows:
27.1(1) Dental ethics. The following principles relating to dental ethics are compatible with the most recent version of the Code of Professional Ethics and advisory opinions published in August 1998 by the American Dental Association. These principles are not intended to provide a limitation on the ability of the board to address problems in the area of ethics but rather to provide a basis for board review of questions concerning professional ethics. The dentist's primary professional obligation shall be service to the public with the most important aspect of that obligation being the competent delivery of appropriate care within the bounds of the clinical circumstances presented by the patient, with due consideration being given to the needs and desires of the patient. Unprofessional conduct includes, but is not limited, to, any violation of these rules.
27.1(2) Dental hygiene ethics. The following principles relating to dental hygiene ethics are compatible with the most recent version of the Code of Ethics of the American Dental Hygienists' Association published in 1995. Standards of practice for dental hygienists are compatible with the Iowa dental hygienists' association dental hygiene standards of practice adopted in May 1993. These principles and standards are not intended to provide a limitation on the ability of the dental hygiene committee to address problems in the area of ethics and professional standards for dental hygienists but rather to provide a basis for committee review of questions regarding the same. The dental hygienist's primary responsibility is to provide quality care and service to the public according to the clinical circumstances presented by the patient, with due consideration of responsibilities to the patient and the supervising dentist according to the laws and rules governing the practice of dental hygiene.
27.1(3) Dental assistant ethics. Dental assistants shall utilize the most recent version of the principles of professional dental and dental hygiene ethics for guidance, and the laws and rules governing the practice of dental assisting Principles of Professional Ethics as adopted by the American Dental Assistants Association. These principles and standards are not intended to provide a limitation on the ability of the board to address problems in the area of ethics and professional standards for dental assistants but rather to provide a basis for board review of questions regarding the same. The dental assistant's primary responsibility is to provide quality care and service to the public according to the clinical circumstances presented by the patient, with due consideration being given to the needs and desires of the patient.
Item 2. Amend rule 650—27.10(153) as follows:
650—27.10(153) Retirement or discontinuance of practice.
27.10(1) A licensee dentist, upon retirement, or upon discontinuation of the practice of dentistry, or upon leaving or moving from a community leaving a permanent practice location, shall notify all active patients in writing any patient whom the dentist has examined, treated, cared for, or otherwise consulted with during the previous two-year period. Such notification shall be in writing, mailed to the patient's last-known mailing address, or by publication once a week for three consecutive weeks in a newspaper of general circulation in the community , that the licensee intends to discontinue the practice of dentistry in the community, and shall encourage patients to seek the services of another licensee. The notification must inform the patient of the retirement or discontinuation of practice at that practice location and shall inform the patient of the location of the patient's record and options for continued care. The licensee parting dentist shall make reasonable arrangements with active for the care of such patients and for the transfer of patient records, or copies thereof, to the succeeding licensee dentist. "Active patient" means a person whom the licensee has examined, treated, cared for, or otherwise consulted with during the two-year period prior to retirement, discontinuation of the practice of dentistry, or leaving or moving from a community. A permanent practice location is defined as any location at which a dentist regularly practices dentistry for a period of six consecutive months, on either a part-time or full-time basis.
27.10(2) Nothing herein provided shall prohibit a licensee dentist from conveying or transferring the licensee's patient records to another licensed dentist who is assuming a practice or remaining at the practice, provided that written notice is furnished to all patients as hereinbefore specified.