OAR 818-012-0010: Unacceptable Patient Care

The Board finds, using the criteria set forth in ORS 679.140(4), that a licensee engages in or permits the performance of unacceptable patient care if the licensee does or permits any person to: (1) Provide treatment which exposes a patient to risk of harm when equivalent or better treatment with less risk to the patient is available. (2) Fail to seek consultation whenever the welfare of a patient would be safeguarded or advanced by having recourse to those who have special skills, knowledge and experience; provided, however, that it is not a violation of this section to omit to seek consultation if other competent licensees in the same locality and in similar circumstances would not have sought such consultation. (3) Fail to provide or arrange for emergency treatment for a patient currently receiving treatment. (4) Fail to exercise supervision required by the Dental Practice Act over any person or permit any person to perform duties for which the person is not licensed or certified. (5) Fail to ensure radiographic and other imaging are of diagnostic quality. (6) Render services which the licensee is not licensed to provide. (7) Fail to comply with ORS 453.605 to 453.755 or rules adopted pursuant thereto relating to the use of x-ray machines. (8) Fail to maintain patient records in accordance with OAR 818-012-0070. (9) Fail to provide goods or services in a reasonable period of time which are due to a patient pursuant to a contract with the patient or a third party. (10) Attempt to perform procedures which the licensee is not capable of performing due to physical or mental disability. (11) Perform any procedure for which the patient or patient's guardian has not previously given informed consent provided, however, that in an emergency situation, if the patient is a minor whose guardian is unavailable or the patient is unable to respond, a licensee may render treatment in a reasonable manner according to community standards. (12) Use the behavior management technique of Hand Over Mouth (HOM) without first obtaining informed consent for the use of the technique. (13) Use the behavior management technique of Hand Over Mouth Airway Restriction (HOMAR) on any patient. (14) Fail to determine and document a dental justification prior to ordering a Cone Beam CT series with field greater than 10x10 cm for patients under 20 years of age where pathology, anatomical variation or potential treatment complications would not be otherwise visible with a Full Mouth Series, Panoramic or Cephalometric radiographs. (15) Fail to advise a patient of any recognized treatment complications. (16) Fail to maintain proper storage or handling of medications, including injectables, according to federal regulations, guidelines, standards, and manufacturer recommendations. (17) Fail to obtain and maintain a written informed consent prior to administering Botulinum Toxin Type A or dermal fillers.