Michigan Laws 333.21609 – Written treatment plan; written consent or doctor’s order; information to be received by person receiving dental services; failure to comply with federal, state, or local laws and rules
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Terms Used In Michigan Laws 333.21609
- Comprehensive dental services: means clinical evaluation, including diagnosis and treatment planning; imagery services; and indicated treatment that may include preventative, restorative, and surgical procedures that are considered necessary for an individual patient. See Michigan Laws 333.21601
- Dental home: means a network of individualized care based on risk assessment, that includes oral health education, dental screenings, preventative dental services, diagnostic services, comprehensive dental services, and emergency services. See Michigan Laws 333.21601
- Department: means the department of community health. See Michigan Laws 333.21601
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Imagery: means visualization of oral and facial structures using specialized instruments and techniques for diagnostic purposes. See Michigan Laws 333.21601
- Memorandum of agreement: means written documentation of an agreement between parties to work together cooperatively on an agreed-upon project or meet an agreed-upon objective. See Michigan Laws 333.21601
- Mobile dental facility: means either of the following:
(i) A self-contained, intact facility in which dentistry or dental hygiene is practiced that may be transported from 1 location to another. See Michigan Laws 333.21601Operator: means either of the following:
(i) An individual with a valid, current license to practice dentistry or dental hygiene in this state who utilizes and holds a permit under this part for a mobile dental facility. See Michigan Laws 333.21601person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The operator or his or her designee shall establish a written treatment plan for, and provide a copy to, each patient who receives dental services at a mobile dental facility. If a patient receives dental services in a nursing home, a written treatment plan shall be given to the nursing home for inclusion in the patient’s health chart.
(2) The written treatment plan required under subsection (1) shall address comprehensive dental services to be provided either at the mobile dental facility or through an affiliated dentist, dental office, or party who can arrange for or provide those services under a memorandum of agreement with the operator of the mobile dental facility.
(3) If the written treatment plan required under subsection (1) will not be completed at the mobile dental facility, the operator or his or her designee shall make a reasonable attempt to refer the patient to a dentist or party who can arrange for or provide services under a memorandum of agreement until the treatment plan is completed or the patient ceases treatment. If the patient is a minor or incapacitated person, the operator or his or her designee shall also attempt to contact a parent or guardian and inform him or her of the referral. If the operator or his or her designee is unable to make arrangements for continued treatment, he or she shall place written documentation of the attempts in the patient record and make the documentation available to the department upon request. A copy of the documentation shall be sent to the patient. If a patient received dental services in a nursing home, a copy of the documentation shall be sent to the nursing home for inclusion in the patient’s health chart. Failure of the operator or his or her designee to comply with this subsection is cause for disciplinary action by the department.
(4) The operator shall obtain the patient’s written consent, or the consent of a parent or guardian of a patient who is a minor or legally incapable of consent, before providing any dental services to a patient at a mobile dental facility. However, if a patient receives dental services in a nursing home, the operator may obtain a doctor’s order from the patient’s attending physician or the medical director of the nursing home in lieu of any other required consent before providing any dental services to a patient at a mobile dental facility.
(5) The form for the written consent required under subsection (4) shall include, at a minimum, all of the following:
(a) The name of the operator.
(b) The permanent address of the operator.
(c) The telephone number that a patient may call 24 hours a day for emergency calls.
(d) A list of the services to be provided.
(e) A statement indicating that the patient, parent, or guardian understands that treatment may be obtained at the patient’s dental home rather than at a mobile dental facility and that obtaining duplicate services at a mobile dental facility may affect benefits that he or she receives from private insurance, a state or federal program, or other third-party provider of dental benefits.
(6) If the patient is a minor or incapacitated person, the written consent form required under subsection (4) shall also include a request for the name or contact information for the dentist or dental office that provided dental services in the past 12 months.
(7) Each person receiving dental services at a mobile dental facility shall receive all of the following information:
(a) The name of the dentist, dental hygienist, dental assistant, or party who arranged for or provided the dental services to the patient.
(b) The telephone number or emergency contact number to reach the mobile dental facility or operator in case of emergency.
(c) A list of the dental services rendered.
(d) A description of any further dental services that are advisable or that have been scheduled.
(e) A referral to a specialist, dentist, or party who can arrange for or provide comprehensive dental services if dental services cannot be provided at the mobile dental facility. Upon request of the dentist or party who accepts the referral, the operator shall transmit all imagery records taken of the patient at the mobile dental facility.
(f) A copy of the consent form required under this section authorizing additional treatment.
(8) An operator who fails to comply with federal, state, or local laws and rules applicable to the mobile dental facility or any of the requirements of this part is subject to disciplinary action by the department.