Criminal, Civil and Administrative Action In Dental Practice
LEGAL Vulnerability IN DENTAL PRACTICE
Legal vulnerability in dental practice may be divided into two broad categories:
1- Criminal
2- Civil.
The intentional torts listed on the chart are those most frequently associated with dental practice.
False imprisonment, abuse of process, trespass to real property, conversion, interference with performance of a contract, and others are recognized in law but have little relevance in dental practice.
Criminal And Quasi-Criminal Vulnerability
Violations of statutory law are termed crimes.
They constitute acts that are deemed by the government to be against the public interest. They may be defined as misdemeanors .
Violations of that part of the Dental Practice Act that is statutory, enacted by the legislature, also are classified as crimes and may include penalties such as loss or suspension of license, mandatory psychiatric counseling, drug rehabilitation, mandatory continuing education, fines, or even jail
Violations of administrative laws
(rules or regulations of administrative agencies, e.g., the state board, the state education department, the board of regents) are termed quasi crimes.
Penalties may include all actions that are possible under crimes, except loss of personal freedom (jail). Because members of administrative boards and agencies are appointed rather than elected, the framers of the constitution believed that appointed individuals should not be granted the power to deprive anyone of liberty.
2. • LEGAL Vulnerability IN DENTAL PRACTICE
• Legal vulnerability in dental practice may be divided into two broad
categories:
1- Criminal
2- Civil.
3. • Each broad category has subcategories, as shown in Fig. 17-1.
4. • The intentional torts listed on the chart are those most frequently
associated with dental practice.
• False imprisonment, abuse of process, trespass to real property,
conversion, interference with performance of a contract, and others
are recognized in law but have little relevance in dental practice.
5. • Criminal And Quasi-Criminal Vulnerability
• Violations of statutory law are termed crimes.
• They constitute acts that are deemed by the government to be
against the public interest. They may be defined as misdemeanors .
6. • Violations of that part of the Dental Practice Act that is statutory,
enacted by the legislature, also are classified as crimes and may
include penalties such as loss or suspension of license, mandatory
psychiatric counseling, drug rehabilitation, mandatory continuing
education, fines, or even jail
7. • Violations of administrative laws
• (rules or regulations of administrative agencies, e.g., the state board,
the state education department, the board of regents) are termed
quasi crimes.
• Penalties may include all actions that are possible under crimes,
except loss of personal freedom (jail). Because members of
administrative boards and agencies are appointed rather than
elected, the framers of the constitution believed that appointed
individuals should not be granted the power to deprive anyone of
liberty.
8. • One of the major differences between a violation of a statute and
that of an administrative law is the degree of evidence necessary to
convict.
9. • Reference
• THE LAW AND DENTAL PRACTICE: PROTECTING THE HEALTH OF THE
COMMUNITY chapter 17
