9.15
Legal Considerations

Terms

Law
- A body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by a controlling authority.
Statue
- An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing
Guideline
- A statement or other indication of policy or procedure by which to determine a course of action
Advisory
- Statement issued to give recommendation, advice, or warning.

Anesthesia Provider Specific
- Depending on the credentials of the anesthesia provider (MD/DO vs. DDS/DMD vs. CRNA vs. AA)
Location Specific
- Relating to the venue in which the procedures are being performed (all regulatory bodies are not listed):
  - Dental offices
    - Dental Practice Act
  - ASCs
    - AAAHC
    - AAAASF
  - Hospitals
    - JCAHO
Insurance Specific
- Different insurers may have different statutes such as Medicaid or Medicare may differ from Delta Dental
- Example: You cannot charge a CMS patient a late fee
The Jurisprudence Exam
- Usually a requirement for licensure
- Each state has its own exam that covers their statutes
- Covers basic practitioner legal knowledge

The Nuremberg Code
- Written to protect humans from unauthorized medical treatment and experimentation without consent [17]
- Subsequently, the term “informed consent” began to be used after the case Salgo v. Leland [18]
Each state will generally have different standards, requirements, and obligations to meet valid informed consent and generally falls into two types:
- The patient‐based approach
  - The court would ask if the patient was given all the material information necessary to make an informed decision
- The physician‐based approach
  - The court asks if the physician lived up to the standard disclosure generally followed by the community
Informed Consent Validity
- Was the patient given all the relevant information to make an educated decision?
  - Usually evaluated by the predominate approach used in that state, as mentioned above
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Oct 16, 2024 | Posted by mrzezo in Oral and Maxillofacial Surgery | Comments Off