| (a) This rule shall not be construed to prohibit a
registered dental hygienist from collecting clinical data in conjunction
with a licensed dentist's limited oral evaluation under this rule.
(b) This rule shall not be construed to prohibit a
registered dental hygienist or a dental assistant with the appropriate
certificate from applying sealants in conjunction with a limited oral
evaluation performed by a licensed dentist under this rule.
(c) This rule shall not be construed to prohibit a
registered dental hygienist or a dental assistant from applying fluoride
varnish in conjunction with a limited oral evaluation performed by
a licensed dentist under this rule.
(d) A limited oral evaluation is performed by a licensed
dentist in conjunction with a federal, state, county, or city government
healthcare program, a non-profit organization, or an educational institution.
It is a non-diagnostic, non-comprehensive evaluation of an individual
who is not a patient of record made for the limited purpose of screening
for symptoms of oral cancer and/or evaluating minors or underserved
populations for current or potential dental problems.
(e) A limited oral evaluation must be provided at no
cost to the patient or any third party. The evaluation must result
in a written assessment of findings that is provided to the patient
and retained by the dentist or entity qualifying under subsection
(d) of this section.
(f) A limited oral evaluation is exempt from the requirements
of the minimum standard of care for a comprehensive examination in §108.7
of this title (relating to Minimum Standard of Care, General) and §108.8
of this title (relating to Records of the Dentist), except as required
by this rule. The dentist must obtain written, informed consent as
to the limited nature and non-diagnostic results of the evaluation
from the patient or his/her parent or guardian. The dentist must provide
a copy of the written informed consent and the results of the evaluation
to the patient or his/her parent or guardian. The written informed
consent must clearly evidence the name of the evaluating dentist,
the patient's name, and the date of evaluation.
(g) A limited oral evaluation shall not be performed
for business promotion or patient solicitation purposes. A dentist
performing a limited oral evaluation must comply with all rules and
laws governing professional conduct and business promotion. Following
the evaluation, the dentist may recommend or refer the patient to
a dentist for follow-up examination.
(h) Either the dentist or the entity qualifying under
subsection (d) of this section shall retain a copy of the written
informed consent and the results of the evaluation for five years
from the date of the evaluation.
|
