BULLETINOFTHESANFERNA NDOVALLEYDENTALSOCIET Y VOL
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BULLETINOFTHESANFERNA NDOVALLEYDENTALSOCIET Y VOL
VOL. XXXVII NO. 3 Summer 2004 ENTAL ENTAL IMENSION BULLETIN OF THE SAN FERNANDO VALLEY DENTAL SOCIETY Visit our Web Site at www.sfvds.org DENTAL DIMENSIONS published by the San Fernando Valley Dental Society 21201 Victory Boulevard, Suite 230 Canoga Park, California 91303 Office: (818) 884-7395 Fax: (818) 884-2341 E-mail: [email protected] Web Site: www.sfvds.org Executive Committee George A. Maranon, D.D.S. President (818) 344-0110 Kory M. Zussman, D.D.S. Immediate Past President (818) 907-1318 Robert G. Hale, D.D.S. President-Elect (818) 349-8851 Anette Masters, D.D.S. Treasurer (818) 700-1247 Jason W. Pair, D.D.S. Secretary (818) 349-4956 Gray G. Berg, D.D.S. Editor (818) 790-2010 Gerald Gelfand, D.M.D. Trustee (818) 225-8602 Joseph P. Sciarra, D.D.S. Trustee (818) 224-2970 Delta Dental’s new approach to fee filing Members need to know their Delta claims should have their highest office fee for each procedure. It means the dentists will write off the difference between their fees and Delta’s accepted fee at time of payment. This will maintain UCR at higher level for future determinations. Joe Sciarra, D.D.S. In March, Delta wrote to participating dentists about modifications to Delta Dental’s filing fee system. The mailing included a description of the modified system, the easy steps for filing fees and how allowances will be determined. The “questions and answers” below address common questions about the modified system. If you have other questions, please email [email protected] or call Professional Relations at (415) 972-8300, extension 3805. Also, please check the “Dentists” section of our web site (www.deltadentalca.org), where you will find answers to new questions over the next few months. Q. When Delta switches to the new fee filing system, will any of my current Delta fees be lowered? A. No. All of your current Delta fees will continue to be honored. Q. When I file new fees after the new system goes into effect, will any of my current Delta fees be lowered? A. No. Delta is grandfathering all of your current fees that are higher than your region’s maximum plan allowances for those procedures. This exemption will continue until the maximum plan allowances reach the level of these fees. Q. How will Delta set 80th percentile fees in the new system? A. Delta will calculate 80th percentile fees twice each year, as in the past. They will be calculated from the fees submitted on claims by all participating dentists in each region and specialty. Q. What fee should I put on the claim form—the Delta allowance or my usual fee? A. The choice is yours. You may submit either fee on your claims. Jacqueline Bell Executive Director Business Manager Member Publication American Association of Dental Editors General Excellence Award Recipient of the Golden Pencil Journalism Award International College of Dentists Q. Would it be useful for me to submit my usual fee on claims? A. Yes, because Delta will calculate future allowances for your region on fees submitted on claims by the region’s participating dentists. On the cover: “The Remarkable Rocks” on Kangaroo Island, Australia, are awesome, precariously balanced boulders on a smooth granite dome. (Below left) View from 1/2 mile away. (On right) Editor Gray Berg stands inside a hole in one of The Remarkable Rocks —note feet at bottom. Produced by Casa Graphics, Inc., Burbank, CA Published quarterly by the San Fernando Valley Dental Society. The Society solicits essays, letters, opinions, abstracts and publishes reports of the various committees; however, all expressions of opinion and all statements of supposed fact are published on the authority of the writer over whose signature they appear, and are not regarded as expressing the view of the San Fernando Valley Dental Society unless such statement of opinions have been adopted by its representatives. Acceptance of advertising in no way constitutes professional approval or endorsement. 2 Summer 2004 • San Fernando Valley Dental Society President’s Message “Volunteer-driven organizations” George A. Maranon, D.D.S. President t hrough our California Dental Association and San Fernando Valley Dental Society memberships we are part of effective volunteerdriven organizations. Each member has talents to make these organizations even more relevant. The key to being effective is the volunteer. As President, I am occasionally asked, why doesn’t CDA do something about . . . ? There are legislative and regulatory issues that must be addressed. We feel the intrusion of third party payers and the squeeze caused by the shortage of auxiliaries. The state government and the dental community are struggling with Medi-Cal reimbursement as well as patient care and social concerns of under-served segments of our population. Volunteers are engaging these ongoing issues. As more members participate, they become part of the solution of these and other issues affecting dentistry. The CDA and SFVDS are making significant changes to create greater opportunity for members to participate. The volunteer process is becoming more streamlined. The process is now becoming more understanding and sensitive to the amount of time our members have to contribute. Using issue-specific task forces, members have the opportunity to share their skills on shorter projects. Much of the work of these task forces is conducted via email and conference calls to limit the amount of time spent. For those who can devote more time and participate more actively, there are longer term and leadership opportunities. Training and leadership development are also made available to volunteers. Any member who wishes to improve their skills can get this training. Many of these skills can be applied to your practice and personal endeavors. “Using issue-specific task forces, members have the opportunity to share their skills on shorter projects.” If you would like information on how you can help, contact SFVDS Executive Director Jackie Bell at 818-884-7396 ext. 1 or CDA screening committee coordinator Denise Gallardo at 800-736-8702, ext. 4091. My volunteer experiences have meant a lot to me. I have grown personally by meeting and learning from my colleagues. I have had the opportunity to make a difference. With your help, we can do even more. I look forward to hearing you say, “I would like to help CDA do something about . . .” Summer 2004 • San Fernando Valley Dental Society 3 Buying a dental practice by Paul Maimone, M.B.A. directly to buyers, (2) Practice brokers. Practices listed with brokers are exclusive listings and only the listing broker is authorized to sell the listing; so contact several. (3) Consider the practice you work at. If it’s your type, then ask the owner if it is for sale. If the response is positive you can: (1) Buy in, (2) Purchase it out right, (3) Purchase at a defined future date, or (4) Become partners. WHAT TO LOOK FOR REASONS FOR OWNERSHIP There are three main reasons to own: (1) Take control of your own destiny, (2) Business ownership tax advantages and (3) Personal satisfaction of owning a successful business. Once you have located a practice that fits your criteria, look over the following before making an offer: (1) Gross collections/net income and the overhead, (2) Equipment inventory and condition, (3) Is the staff willing to stay? (4) Status of the account receivables including amount, age and if included in the sale, (5) Lease status (6) Are current provider contracts transferable? (7) Practice trends. These and other pertinent questions need to be addressed. If positive, write offer. This article addresses: ownership options, defining your ideal practice, practice identification, what to look for, purchase contingencies, and finally a listing of helpful professionals. START FROM SCRATCH OR PURCHASE There are two routes to own: (1) Start from scratch or (2) Purchase. This article addresses purchase. Before you proceed with your practice search, first consider and answer questions such as: (1) Where do I want to practice? (2) What kind of practice do I wish to own? (3) How large an office do I want? (4) How many ops? (5) What type of office location? Shopping center? Professional building? (6) Lease or own the building? (7) How to finance? Once defined, it is time to start your practice search. You will find practices for sale via: (1) “For Sale By Owners” (FSBO’s). Sellers who sell their practice 4 Summer 2004 • San Fernando Valley Dental Society PURCHASE CONTINGENCIES Any offer should include the following four contingencies which will help protect you: (1) Acceptable loan (2) Acceptable lease (3) Due diligence book check and (4) Mutually acceptable buy-sell agreement, covenant not to compete and purchase price allocation. Should one of your contingencies not be met, you can cancel the transaction and get your earnest deposit check back. PROFESSIONAL HELP There are several professional disciplines available to the buyer, who can make the process less risky and more manageable. They include: dental practice brokers, CPAs/accountants, practice consultants, and dental attorneys. Paul Maimone M.B.A. is a real estate broker and is the principal and broker of D&M Practice Sales and Leasing, a San Fernando Valley based dental practice brokerage. He can be reached via email at [email protected] or at (818) 591-1401 and would welcome any calls for an expanded explanation of his services. Now available in the San Fernando Valley . . . NewTom NewT om Cone Beam Volumetric Scanner As featured in the November 2003 CDA Journal. Images similar to CT with 80% less X-ray exposure. For imaging and referral information contact: Daniel Halpert, Halpert Dental X-Ray, Inc. 6342 Fallbrook Avenue #102 Woodland Hills, CA 91367 Serving your Maxillofacial Imaging needs since 1976 818-719-0055 Support our exhibitors Dr. Ken Swartz of TDIC/ 1201 with Dr. Mary A. Ditto Paul Maimone of D&M Practice Sales Drs. John Neville and Mark Leavitt with Daniel Granados of P & G Eric Dye of Hayes Handpiece with Dr. George Maranon Maryam Khalizadeh and David Sada of Citibank Lynsey Neill of Burbank Dental Labs Joseph P. Sciarra, D.D.S., Trustee, Debra S. Finney, D.D.S., CDA President, Jose-Luis Ruiz, D.D.S., Program Chair Jose-Luis Ruiz, D.D.S., Program Chair and Ilan Rotstein, D.D.S., Speaker M.E.N.D. representative and Michael Yamane, D.D.S. Summer 2004 • San Fernando Valley Dental Society 5 Legislative news Political process by James Mertzel, D.D.S. Legislative Chairman i Dental Amalgam Separators — There was a bill submitted last year to require that every dentist install an amalgam separator. CDA continues to support the availability of amalgam fillings as a safe and cost-effective restoration material. CDA opposes any legal attempt by anti-amalgam proponents to restrict the use of amalgam. CDA proposes a policy giving dentists a wider range of options for handling amalgam waste. urge you to get involved in the political process. The best way to insure those issues that you are passionate about will prevail is to meet, get to know and to support the legislators who will advocate the legislation that will support your causes. Here are some of the legislation issues that the CDA Government Relations Office is advocating on our behalf. Most of the efforts of the State Legislature are directed toward a budget that will attempt to cut costs. One of the original targets was an attempt to reduce the rates by 5 percent for Denti-Cal providers. The governor suggested a 10 percent reduction. Both reductions have been held in abeyance due to a lawsuit instigated by CDA and a coalition of other health providers. The lawsuit received a favorable ruling in December 2003, thereby postponing any attempts by the Governor to request any reductions. AB 539 — A bill that would allow dental students to take the dental hygiene exam, and having passed, allow the students to work as hygienists. The bill received final passage in the Assembly in January, but is being held up, along with other bills, that have potential fiscal impact. Frivolous Lawsuits — An initiative, which will limit them, supported by Governor Schwarzenegger is currently being circulated for signatures for possible inclusion on the November ballot. A comprehensive Workers’ Comprehensive Reform Act was passed after the Democrat dominated legislature was pressured to act. The bill was a compromise and will not quite have the cost-saving provisions of the proposed initiative. There are efforts by some legislators to add further cost-cutting provisions to Workers’ Compensation policies. 6 Summer 2004 • San Fernando Valley Dental Society Dental Assisting Scope of Practice — I suggest that our members discuss this issue with their legislators and have some input as to what they believe dental assistants should/should not be allowed to do, i.e. Should RDA Extended Function dental assistants be allowed to place composite restorations? Oral Surgeons: Scope of Practice — Under an anomaly in state law, oral surgeons are permitted to perform complete facial reconstructions in a hospital trauma center, but not on an elective “CDA opposes any legal attempt by antiamalgam proponents to restrict the use of amalgam.” basis in their offices. A statute is proposed by which oral surgeons could obtain a permit from the board to perform such procedures on an elective basis in a surgicenter or an accredited facility after demonstrating and documenting appropriate education, training and experience. Dental Licensure Exam — The deans of all five California dental schools have expressed concern that there are inadequate funds to provide sufficient examiners to administer the California State Board Exam. It was proposed that applicants could substitute the Western Regional Examination Board as an alternative. Celebrating members: Elgan Stamper, president of AAOMS Interview by Editor Gray Berg: Elgan P. Stamper, D.D.S., is nearing the end of his term as president of the American Association of Oral and Maxillofacial Surgeons—an honor which occupies but two lines in a CV three pages long. His career is filled with distinguished accomplishments, honors, contributions and associations. Happily he’s not near the end of that career. Profile of Dr. Stamper Birthplace: Los Angeles Family: Wife Carolyn and daughters Michelle and Kristen Education: B.A. at UCLA, D.D.S. at USC, Oral Surgery Program at USC Leisure activities: Year-round jogging and skiing The following are answers to questions I posed recently over lunch. Q. What do you like most about your profession? A. Oral and maxillofacial surgery—it’s always challenging in addition to contributing to the health of the public. Q. What is your professional goal? A. To be the best I can be at what I do. Q. Is there any other profession you would choose? A. None. I’m living a dream. Q. Who is the person you most admire? A. Tom Braun, Dean of the University of Pittsburgh Dental School. He’s everything an oral surgeon should be. Q. Who or what has been the biggest influence on your life? A. That’s easy—my parents. What they instilled in me was to do whatever I do to the limit of my ability. Q. What was your best business decision? A. Joining Drs. McMillan and Lytle 25 years ago. Q. What was your worst business decision? A. Next question, please. Q. what would you want St. Peter to say when you reach the Pearly Gates? A. Come in—You put your family first. Congratulations! Update from Dr. Hale Letter from Col. Robert Hale, OMS, SFVDS President-Elect, written from Kuwait. (On June 1, 2004, Dr. Hale was prominently featured on CNN, the Paula Zahn Show. Editor) MASH is the way I described this place and, after a complete day here, this could be the movie set. I will send pictures when I figure how on the Army system. My laptop won’t interface, but I still need it for photo processing. Last night we had a 6.6 earthquake centered 50 miles away. No reported injuries that we will be seeing (yet). My first patient will be a 40-year-old Afghani with multiple gun shot wounds to the face (AK-47). He is on the schedule for tomorrow. These next few months will be interesting, but I am anxious to get home. Bob Additional information from wife Sue Ellen Hale Bob just called, and the phone line was full of static. He couldn’t talk long, but he was able to let me know that his email addresses are up and running, and are as follows: [email protected] [email protected] How reliable and how variable these addresses are is unknown. His address is as follows. AS PER THE ARMY—DO NOT WRITE HIS RANK ON ANY LETTERS OR PACKAGE. There are reasons they do not want this known. Write to: Robert G. Hale Task Force 325 Medical/Section APO AE 09354 He only had time to tell me that the hospital is a series of MASH tents. They have room for 20 beds with an overflow tent of another 20 beds. The hospital is located next to where he sleeps; this is located at the end of the Air Force runway. Bob definitely felt the 6.6 earthquake (almost like at home). There are already some rumors that it may be early August before he is able to come home. But with the military, things can always change. Summer 2004 • San Fernando Valley Dental Society 7 CDA Board of Trustees REPORT by Gerald Gelfand, D.M.D. and Joseph P. Sciarra, D.D.S. Gerald Gelfand, D.M.D. Joseph P. Sciarra, D.D.S. t he Board of Trustees of CDA met this last weekend, May 22-23, 2004 in Sacramento. The hot topic this quarter was The Code of Ethics Update. The breakout sessions focused on input from all parties as it related to what our Code should say to our members and the public we serve, what is expected of a CDA member and how best to enforce those very severe infractions that arise very infrequently. The discussion was lively and to the point. The consultants retained to help this committee have sought and will be seeking input from all areas of our Association. If you have something you feel very strongly about, contact CDA so that you may be put in contact with the members working on this project. A Code of Ethics is a dynamic, ever-changing document that we are learning must be constantly reviewed and updated when necessary. The Board also looked at the legal issues still involving the Association. Amalgam, wastewater and other areas of concern were discussed. The Association leadership and staff continue to stay on top of these issues and protect the excellent practice of dentistry we and our patients all enjoy. “The hot topic this quarter was The Code of Ethics Update.” On the legislative front numerous bills are constantly watched. Issues like the scope of practice for oral and maxillofacial surgeons and for registered dental assistants are moving forward under the Association’s watchful eye. Many of these issues effect our practices and again our Association is there protecting us and our patients. 8 Summer 2004 • San Fernando Valley Dental Society It appears the state will NOT be lowering Denti-Cal fees this year. We are all waiting to see how the new regulations on Workers’ Comp. insurance may improve our premiums in that area. We can only hope! The Association, its subsidiary companies and the CDA Foundation remain very strong and moving ahead with many positive programs. Keep an eye out for articles on their activities. Till we meet again…….. Kristy Borquez new president of ADAA Kristy S. Borguez, CDA, RDAEF, FADAA, here in Northridge has risen through the chairs of the local Dental Assistants Association, has been elected Vice-President and President at the state level and as Trustee for the American Dental Assistants Association. On July 10th of this year at their annual meeting, she will be installed as President of the ADAA. A singular honor for one of our own. In February, 2005, Kristy will lead a Dental Assistants Delegation to Russia under the “People-to-People” Ambassador Program to meet with dental assistants and other dental professionals there. Delegates will visit clinics, hospitals and schools and hold extensive discussions on composition of the dental team, specialty fields, access to dental care, promotion of preventive dentistry, the future of dentistry and relationships with other health professionals. Hygienists employment referral service Dear Doctor: As an advantage of membership, the SFVDHS assists members of the American Dental Hygienists’ Association with employment referral. We will provide dental hygienists who are members of ADHA with your information if they have informed us that they are searching for employment. We ask that you notify us when you need a temporary or permanent dental hygienist. Please be aware that we have limited human resources for temporary employment and would have better success in assisting you for circumstances such as maternity leave, and situations where we are not given notice of your need at the last minute. Please contact me when you have filled your dental hygiene position so I can remove your name from our list. And, by all means, feel free to contact me if you have any questions about the service we are providing in the dental community. Ginger A. Bradford, RDHAP, CHRM, BA Phone or FAX: 818-708-9832 Price per participant is $4,995. from New York and includes essentially all costs associated with the experience. Though the program targets dental assistants, dentists and hygienists are also invited to take part. Program details and an application are available by calling (887) 787-2000 or by emailing [email protected]. ******* New officers of SFVDAS The new officers of the SFVDAS are: President, Virginia Cardoza Vice President, Carol Rivas Secretary, Lydia Henry Editor, Kristy Borquez ******* The 257th Medical Company unit has 30 army dental assisting soldiers out of Ft. Bragg. They are located in Baghdad. The unit leader is ISG John Hart who accepts all packages and correspondence for them. ISG John Hart 257th Medical Company LSA-ANACONDA APO, AE 09391 AD Rely Aid IMG gloves “Rely on Us for your glove solutions” pick up from Fall p.7 Summer 2004 • San Fernando Valley Dental Society 9 Welcome new members Rambod R. Alirezaei, D.D.S. 16260 Ventura Blvd., #410 Encino 91436 818-929-1464 UOP 2001 UCLA 2002 General Practitioner Gina Dorfman, D.D.S. 18635 Soledad Cyn. Rd., #108 Canyon Country 91351 661-299-2525 USC 2000 General Practitioner Jieru Pan, D.D.S. 7864 Van Nuys Blvd. Van Nuys 91402 818-989-2719 USC 2003 General Practitioner Gina Deeb, D.D.S. 4940 Van Nuys Blvd., #101 Sherman Oaks 91403 818-789-2200 USC 1988 USC 1993 Endodontist Claudia M. Denes, D.D.S. 25856 W. Hemingway Ave. Stevenson Ranch 91381 661-287-1523 Carol Davila Univ., Romania 1994 General Practitioner Rajeev S. Arhi, D.M.D. 1500 Glenoaks Blvd. San Fernando 91340 818-898-7171 Univ. of Pennsylvania 2002 General Practitioner Arminita M. Martin, D.D.S. 14427 Chase St., #201 Panorama City 91402 818-895-1055 Centro Escolar Univ. General Practitioner Ardeshir Taheri-Tafreshi, D.M.D. 26324 Bouquet Cyn. Rd. Valencia 91355 Univ. of Pennsylvania 2002 UCLA 2003 General Practitioner Zarin Irani, D.D.S. USC 2003 General Practitioner Ylang V. Nguyen, D.D.S. 140 N. Victory Blvd., #101 Burbank 91502 Loma Linda 2000 General Practitioner Seongdo Kim, D.D.S. 25078 Peachland Ave., #G Newhall 91321 661-255-0220 USC 2003 General Practitioner Shirvanyan Mais, D.D.S. 2040 Glenoaks Blvd., #F San Fernando 91340 818-361-6889 USC 2002 General Practitioner David Varela, D.D.S. UC San Francisco 2003 General Practitioner Belinda Simonian, D.D.S. 18519 Devonshire St. Northridge 91324 818-831-9990 USC 2000 General Practitioner 10 Summer 2004 • San Fernando Valley Dental Society Hormoz Nourian, D.D.S. 20929 Ventura Blvd., #19 Woodland Hills 91364 818-716-1133 Tehran Univ. 1981 General Practitioner Racquel A. Macasaet, D.M.D. Centro Escolar Univ. 1991 General Practitioner Maya Reyter, D.D.S. Moscow Russia 1968 General Practitioner Azita Rayet, D.D.S. USC 2003 General Practitioner Charles Kimball, D.D.S. 354 E. Angeleno Ave. Burbank 91502 818-846-2858 Univ. of Illinois 1999 General Practitioner Alexi D. Kossi, D.D.S. 19366 Soledad Canyon Rd. Canyon Country 91351 661-252-8808 Loma Linda 1995 General Practitioner Nelly L. Montilla, D.D.S. Univ. of the East 1986 General Practitioner Raffi G. Najarian, D.D.S. 17022 Devonshire St. Northridge 91325 818-363-7469 USC 1991 General Practitioner Yoly M. Estrada, D.M.D. 451 S. Brand Blvd., #206 San Fernando 91340 818-838-7003 Univ. of the East 1983 General Practitioner Marcela Lezama, D.D.S. Univ. Nacional Autondma Honduras 1994 General Practitioner Shireen Dejbakhsh, D.M.D. 2103 Montrose Ave., #A Montrose 91020 818-248-1718 USC 2002 General Practitioner Jin S. Park, D.D.S. 9700 Woodman Ave., #A-28 Arleta 91331 818-899-9999 UCLA 2000 Rancho Los Amigos 2001 Boston Univ. 2003 Orthodontist Orna Ourshalimi, D.D.S. USC 2003 General Practitioner Merle Yaneza, D.D.S. 9146-A Sepulveda Blvd. North Hills 91343 818-830-7000 Univ. of the Philippines 1971 UCLA 1978 General Practitioner Silvia T. Borisson, D.D.S. 4654 East Avenue S, #A Palmdale 93551 661-285-4001 Dental School of Medical Academy Sofia, Bulgaria 1978 General Practitioner General Meetings 2004—We’ve Returned to the Sportsmen’s Lodge 4234 Coldwater Canyon • Studio City • 818-755-5000 October 13, 2004 Infection Control, CAL OSHA Standards – 2-1/2 hrs. You will be provided with valuable information on the complex occupational and environmental issues affecting dentistry. Topics include: Dental Board IC Regulation, DHS Medical Waste Management, and Cal-OSHA BBP Standards. California Law – 2 hrs. Topics will include: highlights and updates of the Dental Practice Act, renewal requirements for all licentiates, and laws pertaining to prescriptions. November 10, 2004 Speaker: Edward A. McLaren, D.D.S. Esthetics: What, When and Where? Topics include: • Critical mechanical, biologic, and esthetic requirements a material should possess that will help better predict clinical performance; • Differentiate among various all-ceramic systems • New systems and innovative designs for metal-ceramics • Polymer glasses explained • Specific techniques that allow for proper tooth reduction • Prototype restorations for improved esthetics • Shade-matching • Specific cement consideration Community Service The Hi Desert Children’s Dental Clinic (HDCDC) provides dental care to children ages 3 to 17 who do not have insurance and/or are from low-income homes. • Sealant clinics—There have been three to date. With the help of volunteer dentists, over 200 children have received cleanings and sealants. HDCDC began working with Antelope Valley Partners for Health in 2003. Together we applied for and received a Grant in the amount of $222,000. The monies from this grant were used to form Save-a-Smile Program. Dr. Gilbert Snow and staff serve as members of the Antelope Valley Dental Coalition, which works with other local organizations to coordinate two annual health fairs in the Antelope Valley. To date this program, along with the help of HDCDC, has given: A wide variety of health services are provided including: • 3,022 children dental screenings at local schools • 8,000 adults and children oral health education • Over 300 referrals for dental treatment by one of HDCDC participating general dentists • Dental exams and treatment • Chiropractic • Blood pressure/blood sugar testing • Cholesterol testing • HIV screening/testing • Clinical breast exams/mammograms Summer 2004 • San Fernando Valley Dental Society 11 If it’s in the Chart—it Happened The 4 allegations & other legal matters by Denise M. Rucci “The comment I get most often from dentists,” Jeff Tonner began, “is, ‘If I had only known, I would have charted that.’” Tonner, a Phoenix attorney whose business card reads “Defending and Educating Dentists,” recently sat down with me for a bit of legal Q&A (special thanks to Dr. Joseph Dovgan for help with the Qs). Typically, how many dental cases wind up in court each year? Dentists are more likely to experience a Board complaint. On average, about 30 dental malpractice cases make it to litigation, with most settling out of court. The Arizona State Board of Dental Examiners (BODEX) processed 449 complaints in 2003. What is the most common mistake you see when reviewing records with clients? There are two—failure to chart diagnosis and failure to chart clinical exams, both required by BODEX. Often dentists aren’t quite sure how to properly chart these areas. For the most part dental charting is learned through a mentoring process on the job. The result is that if your mentor is great at charting, you will be too. If not, however, you’ll keep making the same mistakes. Because charting is often perceived as a task that cuts into productivity, it is often overlooked. Jurors always say that if it’s in the chart, it happened. If it is not in the chart, it didn’t happen. Documentation is critical in protecting yourself, your employees and your practice. Dentists must make reasonable charting efforts and every chart should include the oral cancer screen and review of medical history. What are the “four blanket allegations?” They are inadequate history and clinical, inadequate radiographs, inadequate diagnosis and inadequate treatment planning. Of those, clinical and diagnosis are most missed by dentists. In your law practice, have you seen dental malpractice insurance companies pay large settlements? Absolutely, it happens. The areas where I’ve most seen those settlements are failure to detect oral cancer, failure to pre-medicate, and situations involving prescribing narcotics and lingual paresthesia from third molar extractions. In most cases, the entries were inadequate and the damages were usually high. Describe one of these cases. I tried a case where failure to detect oral cancer resulted in the patient’s death. The jury originally awarded a $1.1 million settlement. We took it all the way to the Arizona Supreme Court. It was reversed and then was settled for an undisclosed amount. How do you define “negligent referral?” Referring a patient to a specialist whom you know or should know is incompetent. It’s very, very rare and I don’t even lecture on it any more. Should a dentist be subpoenaed by BODEX, what steps should he or she take? Read the subpoena language carefully and follow all directions precisely. For one thing, the subpoena language, which was recently changed, reads “must receive records within 14 days” and the dentist must be able to provide proof those records were delivered on time. They should be sent via any means through which delivery signatures or receipts are provided— certified mail, hand-delivered (get a receipt) or any carrier with a tracking mechanism and delivery signature requirement, such as Federal Express. BODEX routinely sanctions dentists for late records. The fine is $500 for each infraction and they are very steadfast in that rule. Should the dentist notify his or her insurance carrier about being subpoenaed? Yes, but use some discretion. Insurance companies are non-renewing dentists at a higher rate than in the past. What steps can our member dentists take to minimize the risks in everyday practice? One, memorize the four blanket allegations. Two, know the areas where insurance companies pay out the most money. Three, identify the patient who causes trouble or is most likely to. In cases of troublesome patients, you have choices—terminate, refer out or chart better. Strike a practical balance. How can a dentist minimize risk in the case of a patient who takes oral sedation and either drives to the appointment or home afterward? An at-risk patient is one who is impaired. If the dentist has prescribed an oral sedative, be sure the patient has arranged transportation or arrange it for them. If they’ve arranged their own transportation, document the name of the driver. Use a form that identifies who can make dental decisions should treatment change, and have the patient sign it. I also wish to address how to handle a patient who shows up for his or her appointment in an impaired state, perhaps someone with a substance-abuse problem. Whether you treat that person or send them home on the spot, be sure to call a taxi or other designated driver. Don’t worry about whether the patient will be insulted. Then take a good hard look at whether you want this person as a patient. Conclusion After hearing “If only I had known…” about a zillion times from his dentist clients, Jeff Tonner produced comprehensive resource materials for dentists on charting and communication strategies. Learn more by visiting www.bestdentalcharts.com or call Tonner at (626) 266-6060. Printed by permission of the Arizona Dental Association 12 Summer 2004 • San Fernando Valley Dental Society Avoiding Identity Theft by Cheryl Lovelace of Morgan Stanley An Attorney’s Advice Read this and make a copy for your files in case you need to refer to it someday. Maybe we should all take some of his advice! A corporate attorney sent the following out to the employees in his company: The next time you order checks, have only your initials (instead of your first name) and last name put on them. If someone takes your checkbook, they will not know if you sign with just your initials or your first name, but your bank will know how you sign your checks. When you are writing checks to pay on your credit card accounts, DO NOT put the complete account number on the “For” line. Instead, just put the last four numbers. The credit card company knows the rest of the number and anyone who might be handling your check as it passes through all the check processing channels won’t have access to it. Put your work phone number on your checks instead of your home phone. If you have a P.O. Box, use that instead of your home address. Never have your Social Security Number printed on your checks (duh)—you can always add it if it is necessary. But if you have it printed, anyone can get it! Place the contents of your wallet on a photocopy machine, and do both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel. File a police report immediately in the jurisdiction where it was stolen. This proves to credit providers you were diligent, and is the first step toward an investigation (if there ever is one). But here is what is perhaps most important—I never even thought to do this: Call the three national credit-reporting organizations immediately to place a fraud alert on your name and Social Security number. I had never heard of doing that until advised by a bank that called to tell me an application for credit was made over the Internet in my name. The alert means any company that checks your credit knows your information was stolen and they have to contact you by phone to authorize new credit. By the time I was advised to do this, almost two weeks after the theft, all the damage had been done. There are records of all the credit checks initiated by the thieves’ purchases, none of which I knew about before placing the alert. Since then, no additional damage has been done, and the thieves threw my wallet away this weekend (someone turned it in). It seems to have stopped them in their tracks. The numbers are: Equifax: 1-800-525-6285 Experian (formerly TRW): 1-888-397-3742 Trans Union: 1-800-680-7289 Keep the photocopy in a safe place. I also carry a photocopy of my passport when I travel either here or abroad. We have all heard horror stories about fraud that’s committed on us in stealing a name, address, Social Security number, credit cards, etc. Unfortunately, I, an attorney, have firsthand knowledge because my wallet was stolen last month. Within a week, the thieves ordered an expensive monthly cell phone package, applied for a VISA credit card, had a credit line approved to buy a Gateway computer, received a PIN number from DMV to change my driving record information online, and more. But here’s some critical information to limit the damage in case this happens to you or someone you know. We have been told we should cancel our credit cards immediately. But the key is having the toll-free numbers and your card numbers handy so you know whom to call. Keep those where you can find them easily. Summer 2004 • San Fernando Valley Dental Society 13 In memory Charles M. Strother, D.D.S. Douglas Alexander Smith, D.D.S. Former La Canadan, Dr. Charles M. Strother, who most recently made his home in Indian Wells, passed away peacefully on February 2, 2004. On April 30, 2004, Douglas Alexander Smith, D.D.S., died at age 75 due to kidney failure. Born May 5, 1919, in Kiowa, Kansas, to Likens and Sallie (Patton) Strother, he was the youngest of 10 children. Charles moved to Hemet in 1928 and later to Glendale in 1932. He attended Hoover High School, Glendale City College and the University of Southern California. After graduating from USC Dental School in 1944, he served in the Navy Dental Corps during World War II. He married Marylou Gourley from Pittsburgh. PA, in 1947. Charles was in private practice of dentistry in Glendale for more than 40 years. In his commitment to his profession, he taught at USC for nine years, was a member of the Examining Committee of Dental Examiners from 1972 to 1977, served as president of the USC Dental Alumni Association in 1982, and was a committee member and/or chairman of many different positions with the California Dental Association and local dental organizations. He was inducted as a Fellow of the American College of Dentists in 1964 and a Fellow of the International College of Dentists in 1976. He was also very active on local committees and associations in La Canada Flintridge, where he lived with his family until 1983. After retiring from dentistry, he spent more than 20 years as a resident of Indian Wells, and was a member of the Indian Wells Country Club. For 10 years Charles volunteered as an announcer at Indian Wells Country Club for the Bob Hope Classic Golf Tournament. He is survived by his devoted wife of 56 years, Marylou, his daughters Charlene (Mark) Ebright of Long Beach, Pamela Strother of Redondo Beach and Sandra Baylies of Redondo Beach, granddaughters Erin and Noelle Ebright and nephew Chuck (Tobe) Strother of Indian Wells. Known to friends and family as Chaud, he was a beloved husband and father. He will be remembered for his dedication to dentistry, love of his alma mater, and his strength of character. 14 Summer 2004 • San Fernando Valley Dental Society A 1955 USC Dental School graduate, he spent 48 years in private practice in the Valley with time out for a stint in the U.S. Army Dental Corps. He served in many capacities in the San Fernando Valley Dental Society including a term as president. He spent 45 years as a Kiwanian with the presidency of his club included in his resumé. Additionally, he was an active member with Shepherd of the Hills Church and group leader of a griefsharing workshop. He was the loving father of Stephen and Mark. Everyone who knew him will miss his honesty, dedication and caring nature. News of our members Congratulations to James Mertzel and his wife Marianne on their 48th anniversary on June 17. Jim and Marianne were married after his freshman year of dental school and are parents of four children and grandparents of six. Jim enlisted in the Navy following graduation and found to his disappointment that he would spend nine months of his two-year enlistment at sea. Best laid plans, . . . ***** Daughter Lisa has presented Alan and Lesley Stein with a little granddaughter, Sara Eve Whiteman. ***** Nathan Sciarra, son of Joe Sciarra, has recently graduated from the School of Architecture at California Polytechnic Institute. Congratulations. ***** We’re wishing Dr. Prout a rapid recovery after breaking his leg. ***** To my friends at SFVDS, Thank you so much for the beautiful flowers and caring note! What a pleasant surprise! I feel very fortunate to have had a successful open heart surgery and to be recovering so fast! All of the support from friends and family has been overwhelming! I am truly blessed. I hope all is well with you and thanks so much! Love, Craig Ford Classified Ads I AM A WIDELY EXPERIENCED dental society and AGD member who wants to keep his hand in by filling in for you in your office. I am flexible about compensation, philosophy, style of practice and days or hours. Tel. 818-981-7752; Fax 818-9815935; Pgr. 818-220-3086. OPERATORY FOR RENT 1 to 4 days per week in Granada Hills. (818) 360-2119. LIVE POP MUSIC FOR ALL EVENTS. The Back Pages Band. Call Dr. Dean Scheibel at (310) 821-2098. THE SOUTHERN CALIFORNIA DENTAL GOLF ASSOCIATION INVITES YOU to become a member of the Golf Group for the Dental Professional. If you enjoy good company and great golf, please contact: Dr. Richard Salter at (310) 699-8181. “YOUR TEDDYBEAR FACTORY!” We are the one and only YOSEMITE TEDDY BEAR FACTORY in the world. Come visit our teddy bear world and experience our original and unique teddy bears. Create your own personal teddy bear and choose from a variety of bear skins, outfits, and accessories. Each bear comes with a birth certificate and its own carrying case. It’s a great way to add to your collection, or to begin a new collection. We are located in Oakhurst, California at 40671 Highway 41 Suite 1-A (between Fresno and Yosemite) (559) 658-TEDDY [email protected] Earn “BIG BUCKS” at home Dental Dimensions is looking for contributors among our members to supply articles, guest editorials or news of member activities. Submission of photos suitable as a cover for future issues is also solicited. Call Gray Berg, editor, at (818) 790-2010 Summer 2004 • San Fernando Valley Dental Society 15 San Fernando Valley Dental Society 21201 Victory Boulevard, Suite 230 Canoga Park, California 91303 PRESORTED STANDARD U.S. POSTAGE PAID CANOGA PARK, CA PERMIT NO. 337 DATED MATERIAL P&G ORAL HEALTH CARE PRODUCTS 16 Summer 2004 • San Fernando Valley Dental Society