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Legislation & Litigation
From the States LE G ISLA TIO N
&
LITIG ATIO N
LEG ISLATION
methods for financing their efforts and distributing funds are sharply restrict ed.
Arizona became th e 50th state to adopt a Medicaid program . The A rizona dental law was extensively revised to provide, among other things, a system to r regulating dental auxiliary fun ctions. The New Y ork legislature adopted a generous program o f support for th e state's tw o private dental schools at Co lum bia and New Y ork University.
Arizona ■ The Arizona Medicaid plan includes dental care subject to a provision that gives the program dir ector discretion to tailor the scope of services to available funds. The re vised Arizona dental law permits the state board of dentistry to establish regulations defining the functions of dental auxiliaries. O ther new board prerogatives include authority to issue regulations requiring continuing ed ucation for renewal of licenses, and discretion to accept the examination results of other state boards with standards equal to those of Arizona, but only if the applicant passed the examination not more than five years before applying for the Arizona exam ination. Another important new pro vision specifically prohibits dental corporations from using fictitious names. California ■ The California elector ate approved an initiative measure that calls for rigorous controls on pol itical campaigns and campaign expen ditures. Political action committees may continue to function, but the
Florida ■ Most states with US citi zenship as a requirement for profes sional licensure have repealed the cit izenship provision since the US Su preme C ourt’s decision invalidating citizenship as a condition for prac ticing law. Florida has adopted a mod ified approach. Persons who are not citizens are required to submit proof of intent to become citizens and after five years, failure to achieve citizen ship is a ground for revocation of a professional license.
lative study committee will submit its proposal for continuing education re quirements for all professional licens es to the 1975 Iowa legislative session.
Hawaii ■ Health and medical insur ance plans that provide coverage of procedures that dentists are licensed to perform may not deny reimburse ment where a dentist performs such procedures even though the policy or plan applies only to physicians’ ser vices.
Maryland ■ Dentists in Maryland now have a statutory right to be com pensated when they perform a lawful service covered by a health insurance or medical plan. The new require ment is incorporated in the dental law as well as the insurance code. The Maryland board of dental examiners includes a dental hygienist who may vote only on matters affecting dental hygiene. The Maryland medical prac tice act was amended to redefine the practice of medicine to include acu puncture but to permit unlicensed persons to practice acupuncture under a physician’s supervision. The Mary land dental law now permits dental students to perform their clinical re quirements in settings away from the dental school.
Iowa ■ Several amendments to the Iowa dental law resulted from a gen eral statute relating to all professional licensing agencies. The citizenship re quirement is eliminated. A felony con viction is not an automatic cause for refusing a license or revoking a li cense; the felony must relate directly to the practice of dentistry. The com position of the Iowa board of dental examiners is changed to include five dentists, two dental hygienists, and two public members. A special legis
New York ■ The dental schools at Columbia and New York University will receive enrollment grants from the state on this basis: for each stu dent enrolled as a freshman or soph omore, $1,500; for each student en rolled as a junior or senior, $2,500; and for each student enrolled in a three-year program, an additional one third of the basic amount. A few months ago, the New York legisla ture set up medical malpractice panels to assist the trial courts. A similar arJADA, Vol. 89, August 1974 ■ 233
rangement now exists for New York appellate courts; the panels consist of a judge, a physician, and a practicing lawyer.
LITIGATION The Louisiana Dental Association and its Sixth District Dental Association prevailed in a federal court action brought by a black den tist who was denied membership in the asso ciations. The supreme court of Pennsylvania upheld a state dental board’s suspension of a dentist's license for permitting unlicensed persons to practice dentistry. Two cases in volving the death of patients under general anesthesia are reported.
Louisiana federal district court rules for Louisiana dental associations in membership denial suit ■ The plain tiffs application for membership failed to receive a majority vote of the Louisiana component, the Sixth Dis trict Dental Association. The case was tried solely on the issue of alleged violation of the plaintiff’s civil rights. The court held that the dental asso ciations were purely private organiza tions with no governmental connec tions and that their denial of member ship to the plaintiff did not affect his “ right to freely practice his profes
sion.” {Anderson vi Louisiana D ental A ssociation, 372, F Supp 837, 1974.) Louisiana court of appeals upholds ex oneration of dentist and anesthesiolo gist in death of child patient ■ The patient, a 3-year-old child, had exten sive dental decay. The dentist retained an anesthesiologist to administer gen eral anesthetic agents while the den tist removed the decayed teeth. The anesthesiologist assisted the child’s respiration until 30 minutes after the operation. Breathing had been re stored for 20 minutes when the patient showed signs of difficulty with her breathing. Efforts to assist the patient were futile and she died. An autopsy revealed that the child died of adrenal insufficiency; her adrenal glands were only a fifth of the normal size. The court upheld the trial court’s deter mination that the dentist and anesthe siologist were not negligent in their use of anesthetic agents and in the measures they applied postoperatively to restore breathing. (C hapm an vs A rgonaut-Southw est Insurance Co.,
290 So 2d, 779, 1974.) Florida trial court approves $250,000 settlement of dental malpractice suit ■ The defendants were two dentists; one administered the anesthetic agents
234 ■ LEGISLATION & LITIGATION / JADA, Vol. 89, August 1974
while the other began extensive oper ative procedures scheduled to last at least three hours. Shortly after the operation was begun, the patient suf fered cardiac arrest and died. The evi dence showed that the dentist who ad ministered the anesthetic agents left the room to minister to another pa tient. Also emphasized was the failure to take the patient’s blood pressure until after the cardiac arrest occurred. The $250,000 settlement was agreed on during the trial. (G oodm an vs ____ Fla Cir Ct, Broward County, Docket No. 73-4685). Pennsylvania supreme court upholds suspension of dentist’s license ■■ The dentist permitted an unlicensed em ployee to administer inhalation and intravenous anesthetics, to extract teeth, and to suture oral tissues. The Pennsylvania dental examining board regulations on expanded functions suitable for performance by auxiliar ies prohibits them from engaging in procedures requiring professional judgment and skill. The court upheld the board’s decision that the dentist delegated procedures requiring pro fessional judgment and skill to an un licensed person. The suspension order was for 30 days. (S ta te D ental C o u n cil vs Pollock, 318 A 2d 910, Pa, 1974.)
&
LITIG ATIO N
LEG ISLATION
methods for financing their efforts and distributing funds are sharply restrict ed.
Arizona became th e 50th state to adopt a Medicaid program . The A rizona dental law was extensively revised to provide, among other things, a system to r regulating dental auxiliary fun ctions. The New Y ork legislature adopted a generous program o f support for th e state's tw o private dental schools at Co lum bia and New Y ork University.
Arizona ■ The Arizona Medicaid plan includes dental care subject to a provision that gives the program dir ector discretion to tailor the scope of services to available funds. The re vised Arizona dental law permits the state board of dentistry to establish regulations defining the functions of dental auxiliaries. O ther new board prerogatives include authority to issue regulations requiring continuing ed ucation for renewal of licenses, and discretion to accept the examination results of other state boards with standards equal to those of Arizona, but only if the applicant passed the examination not more than five years before applying for the Arizona exam ination. Another important new pro vision specifically prohibits dental corporations from using fictitious names. California ■ The California elector ate approved an initiative measure that calls for rigorous controls on pol itical campaigns and campaign expen ditures. Political action committees may continue to function, but the
Florida ■ Most states with US citi zenship as a requirement for profes sional licensure have repealed the cit izenship provision since the US Su preme C ourt’s decision invalidating citizenship as a condition for prac ticing law. Florida has adopted a mod ified approach. Persons who are not citizens are required to submit proof of intent to become citizens and after five years, failure to achieve citizen ship is a ground for revocation of a professional license.
lative study committee will submit its proposal for continuing education re quirements for all professional licens es to the 1975 Iowa legislative session.
Hawaii ■ Health and medical insur ance plans that provide coverage of procedures that dentists are licensed to perform may not deny reimburse ment where a dentist performs such procedures even though the policy or plan applies only to physicians’ ser vices.
Maryland ■ Dentists in Maryland now have a statutory right to be com pensated when they perform a lawful service covered by a health insurance or medical plan. The new require ment is incorporated in the dental law as well as the insurance code. The Maryland board of dental examiners includes a dental hygienist who may vote only on matters affecting dental hygiene. The Maryland medical prac tice act was amended to redefine the practice of medicine to include acu puncture but to permit unlicensed persons to practice acupuncture under a physician’s supervision. The Mary land dental law now permits dental students to perform their clinical re quirements in settings away from the dental school.
Iowa ■ Several amendments to the Iowa dental law resulted from a gen eral statute relating to all professional licensing agencies. The citizenship re quirement is eliminated. A felony con viction is not an automatic cause for refusing a license or revoking a li cense; the felony must relate directly to the practice of dentistry. The com position of the Iowa board of dental examiners is changed to include five dentists, two dental hygienists, and two public members. A special legis
New York ■ The dental schools at Columbia and New York University will receive enrollment grants from the state on this basis: for each stu dent enrolled as a freshman or soph omore, $1,500; for each student en rolled as a junior or senior, $2,500; and for each student enrolled in a three-year program, an additional one third of the basic amount. A few months ago, the New York legisla ture set up medical malpractice panels to assist the trial courts. A similar arJADA, Vol. 89, August 1974 ■ 233
rangement now exists for New York appellate courts; the panels consist of a judge, a physician, and a practicing lawyer.
LITIGATION The Louisiana Dental Association and its Sixth District Dental Association prevailed in a federal court action brought by a black den tist who was denied membership in the asso ciations. The supreme court of Pennsylvania upheld a state dental board’s suspension of a dentist's license for permitting unlicensed persons to practice dentistry. Two cases in volving the death of patients under general anesthesia are reported.
Louisiana federal district court rules for Louisiana dental associations in membership denial suit ■ The plain tiffs application for membership failed to receive a majority vote of the Louisiana component, the Sixth Dis trict Dental Association. The case was tried solely on the issue of alleged violation of the plaintiff’s civil rights. The court held that the dental asso ciations were purely private organiza tions with no governmental connec tions and that their denial of member ship to the plaintiff did not affect his “ right to freely practice his profes
sion.” {Anderson vi Louisiana D ental A ssociation, 372, F Supp 837, 1974.) Louisiana court of appeals upholds ex oneration of dentist and anesthesiolo gist in death of child patient ■ The patient, a 3-year-old child, had exten sive dental decay. The dentist retained an anesthesiologist to administer gen eral anesthetic agents while the den tist removed the decayed teeth. The anesthesiologist assisted the child’s respiration until 30 minutes after the operation. Breathing had been re stored for 20 minutes when the patient showed signs of difficulty with her breathing. Efforts to assist the patient were futile and she died. An autopsy revealed that the child died of adrenal insufficiency; her adrenal glands were only a fifth of the normal size. The court upheld the trial court’s deter mination that the dentist and anesthe siologist were not negligent in their use of anesthetic agents and in the measures they applied postoperatively to restore breathing. (C hapm an vs A rgonaut-Southw est Insurance Co.,
290 So 2d, 779, 1974.) Florida trial court approves $250,000 settlement of dental malpractice suit ■ The defendants were two dentists; one administered the anesthetic agents
234 ■ LEGISLATION & LITIGATION / JADA, Vol. 89, August 1974
while the other began extensive oper ative procedures scheduled to last at least three hours. Shortly after the operation was begun, the patient suf fered cardiac arrest and died. The evi dence showed that the dentist who ad ministered the anesthetic agents left the room to minister to another pa tient. Also emphasized was the failure to take the patient’s blood pressure until after the cardiac arrest occurred. The $250,000 settlement was agreed on during the trial. (G oodm an vs ____ Fla Cir Ct, Broward County, Docket No. 73-4685). Pennsylvania supreme court upholds suspension of dentist’s license ■■ The dentist permitted an unlicensed em ployee to administer inhalation and intravenous anesthetics, to extract teeth, and to suture oral tissues. The Pennsylvania dental examining board regulations on expanded functions suitable for performance by auxiliar ies prohibits them from engaging in procedures requiring professional judgment and skill. The court upheld the board’s decision that the dentist delegated procedures requiring pro fessional judgment and skill to an un licensed person. The suspension order was for 30 days. (S ta te D ental C o u n cil vs Pollock, 318 A 2d 910, Pa, 1974.)