bulletin of the san fernando valley dental society
Transcription
bulletin of the san fernando valley dental society
VOL. XXXXI NO. 1 Winter 2008 BULLETIN OF THE SAN FERNANDO VALLEY DENTAL SOCIETY • Getting Sued? • Sick? Go to Work or Stay Home? • CDA Working For Us • Thumbnail Sketches published by the San Fernando Valley Dental Society Table of Contents 3 President’s Message 4 Welcome New Members 5 Welcome New Members/Classified Ads Executive Committee 6 CDA Working for Us Harry H. Markarian, D.D.S. President (818) 763-1991 7 Thumbnail Sketches 8 Identity Theft Prevention Jorge A. Alvarez, D.D.S. President-Elect (818) 990-4412 9 General Meetings Mark. A. Amundsen, D.D.S. Treasurer (818) 340-7320 10 General Meetings Mehran Abbassian, D.D.S. Secretary (661) 259-9100 11 Sick? Go to Work or Stay Home Gray G. Berg, D.D.S. Editor (818) 790-2010 12 Sick? Go to Work or Stay Home/Transitions Joseph P. Sciarra, D.D.S. Trustee (818) 224-2970 13 Ten Things Employers Do to Get Sued Alan R. Stein, D.D.S. Trustee (818) 772-6546 14 Ten Things Employers Do to Get Sued 22110 Clarendon Street, Suite 101 Woodland Hills, California 91367 Office: (818) 884-7395 Fax: (818) 884-2341 E-mail: [email protected] Web Site: www.sfvds.org Jason W. Pair, D.D.S. Immediate Past President (818) 349-4956 T. Andris (Andy) Ozols Executive Director E-mail: [email protected] 15 Ten Things Employers Do to Get Sued Sponsors Dentsply/Tulsa Dental Procter & Gamble Thanks to our advertisers GKC America, Northridge Hospital Johnson & Johnson, TDIC On the Cover 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. Produced by Wilshire Graphic Press, Inc. 2 Winter 2008 • San Fernando Valley Dental Society Left to Right: Jason Pair, immediate Past President, Andy Ozols, new Executive Director, Harry Markarian, President President’s Message As tag lines go, CDA’s “Moving forward. Together” is a pretty good one. If the ultimate test for an assocation is how well it moves to respond to members’ needs, then CDA certainly has gained my deep respect. This year our component was compelled to make serious decisions and make changes that would impact us significantly. In response to our appeals, CDA and other components around the state gave sincere expressions of support, and more importantly, lent generous help to allow us to move forward; the results were gratifying, comforting and should be sources of great pride for all of us as members. A Life is a series of transitions and each carries its own set of challenges and opportunities. This year our component has had its share of new developments: we have a new central office, a new Executive Director and soon, new office staff. Thanks to many of our experienced and conscientious board members, under the capable leadership of President Jason Pair, the transition to this new administrative staff has been and will continue to be smooth, hopefully with minimal interruptions in services. Joining us as Executive Director for our component is Talis Andris “Andy” Ozols. Andy is a long time valley resident and has worked in the area for almost 20 years. He holds an MA in Well Being Committee We would like to inform you that the Well Being Committee has been reactivated with Dr. William Slavin as Chairman and intermediary. You may reach him for your confidential call by phoning: (818) 437-3204 BOARD SEEKS EXPERT CONSULTANTS The Dental Board of California is recruiting dentists as consultants to assist in reviewing cases under investigation. The consultant will make determinations relating to complaints involving allegations of substandard dental treatment. The Board is seeking general dentists and Board Certified specialists who meet the following criteria: • Have been in active practice at least (5) years; • No disciplinary action against your license • Have had no malpractice judgements over $5,000 FOR THOSE INTERESTED CONTACT: Theresa Lane (714) 247-2100 Psychology and an MBA in Finance. He is no stranger to the position of Executive Director, having held that position in two other organizations. He understands that our society was organized, established and looks forward to being the intial contact for our members. We hope that in the coming months you will take the opportunity to meet him and enjoy a relationship that will span many years. There are so many new things at our component this year that some have dubbed us The New San Fernando Valley Dental Society. Although not all new things are necessarily good things, we will try our best to prove to you that this actually is The New and Improved San Fernando Valley Dental Society. Harry H. Markarian, D.D.S. “Life is a series of transitions and each carries its own set of challenges and opportunities.” Winter 2008 • San Fernando Valley Dental Society 3 Welcome New Members Oscar H. Cortes, D.D.S. 217 Triunfo Canyon Rd. Apt. 210 Westlake Village, CA 91361-2105 General Practitioner Colegio Odonto Colobian, 1980 Alexis Gutierrez, D.D.S. 14047 Fenton Ln. Sylmar, CA 91342-1656 (transfer) Tandis Namvar-Nami, D.D.S. 1245 Wellesley Ave. Apt.303 Los Angeles, CA 90025-1171 (transfer) Nergis A. Gurses, D.D.S. 19117 Merion. Dr. Northridge, CA 91326-1834 General Practitioner University of Pittsburgh, 2007 Jaspreet Kaur, D.D.S. 19642 Schoenborn St. Northridge, CA 91324-4143 General Practitioner Indiana University, 2007 Sanah A. Sohrab, D.D.S. 4519 Alcorn Dr. La Canada, CA 91011-1930 General Practitioner USC, 2005 Karen E. Martinez, D.D.S. 931 N. Orchard Dr. Burbank, CA 91506 General Practitioner Dalhousire University, Canada, 2007 Alcira Melida Urrutia, D.D.S. 12489 Bradley Ave. Sylmar, CA 91342 General Practitioner Office: 1024 N. Maclay #3 San Fernando, CA 91340 818-365-8653 University of El Salvador, 1999 Daniel Vogl, D.D.S. 16101 Ventura Blvd. Suite 345 Encino, CA 9143 818-501-1072 General Practitioner Marquette University, 1988 Anisha M. Ranchhod, D.D.S. 4604 Cahuega Blvd. #3 Toluca Lake, CA 91602 General Practitioner UOP, 2006 Cedars-Sinai, GPR, 2007 Evelinda Datingaling Jacob, D.M.D. 17100 Mandarin Ct. Granada Hills, CA 91344 Office: 12120 Saticoy St. North Hollywood, CA 91344 818-225-2244 General Practitioner Manila Central University, 1989 Punita Sharma, D.D.S. 240 S. Third St. #M Burbank, CA 91502 General Practitioner College of dental Surgery, India, 1994 Cyrus Helmi, D.D.S. 19100 Ventura Blvd. Suite 3 Tarzana, CA 91356 818-344-8247 General Practitioner Tehran University Dental School, 1966 University of Chicago, Orthodontics, 1980 Annie A. Aboulian, D.M.D. 1117 Allen Ave. #205 Glendale, CA 91201 Office: 520 E. Broadway Glendale, CA 91205 818-242-4046 General Practitioner University of Nevada, 2007 Vartan Ter Poghossian, D.D.S. 444 Piedmont Ave. #318 Glendale, CA 91206 General Practitioner USC, 2007 Shelley A. Milera, D.M.D. 8576 Remmet Ave. Canoga Park, CA 91304 Office: 8320 De Soto Ave. Canoga Park, CA 91304 General Practitioner University of the Philippines,, 1996 Eleanor C. DeGuzman, D.D.S. 17885 Maplehurst Pl. Canyon Country,, CA 91387 Office: 532 W. Glenoaks Blvd. Glendale, CA 91202 818-547-4949 University of the Philippines, 1995 Katherine P. Llaguno-Jingco, D.D.S. 14500 Van Nuys Blvd. #8 Panorama City, CA 9140 General Practitioner Centro Escolar University, 1998 Hope L. Wettan, D.D.S. 9701 Penfiekld Ave. Chatsworth, CA 91311 Office: 16917 Enadia Way Van Nuys, CA 91406 Oral and Maxillofacial Pathology NYU College of Dentistry, 1996 Goldwater Memorial Hospital, GPR Certificate NYU Hospital Medical Center of Queens, Oral & Maxillofacial Pathology, 2001 Lawrence Lozada, D.D.S. 24001 Cape May Ct. Valencia, CA 91355 General Practitioner Office: 24355 Lyons Ave. Suite 200 Newhall, CA 91321 University of the Philippines Joesef Youssef, D.D.S. 21839 Ventura Blvd. Woodland Hills, CA 91364 818-347-8444 General Practitioner University of Cairo, 2000 Farbod Parvinjah, D.M.D. 17256 Barneston Ct. Granada Hills, CA 91344 General Practitioner Tufts University, 2007 Jason Gee, D.M.D. 1234 Wilshire Blvd. #618 Los Angeles, CA 90017 Office: 1521 W. Ave. J, Suite 2 Lancaster, CA 93534 661-948-6096 Endodontist University of Pennsylvania, 2004 University of Pennsylvania, Endodontics, 2006 Natalya Carmichael, D.D.S. 1537 Silverwood Dr. Los Angeles, CA 90041 General Practitioner Loma Linda University, 2007 Payman Kakoli, D.D.S. 18144 Burbank Blvd., #202 Tarzana, CA 91356 Endodontist University of Maryland, 2004 University of Maryland, Endodontics, 2007 Jeffery S. Savangphol, D.D.S. 12601 Lithuania Dr. Granada Hills, CA 91344 General Practitioner USC, 2007 Continued on page 5 4 Winter 2008 • San Fernando Valley Dental Society Welcome New Members Continued from page 4 Steve I. Braslavsky, D.D.S. 5434 Zelzah Ave. Apt. 209 Encino, CA 91316-2240 Office: 15545 San Fernando Mission Blvd. Mission Hills, CA 91345 818-266-1390 General Practitioner New York College of Dentistry, 2004 Daniel Hemmati 15009 Moorpark St. Sherman Oaks, CA 91403 General Practitioner UCLA, 2007 Mayvic R. Conte, D.D.S. 25880 Tournament Rd., Suite 212 Valencia, CA 91355-2389 (transfer) Nichole H. Sun, D.D.S. 1223 Federal Ave. #202 Los Angeles, CA 90025 Office: 1400 W. Olive Ave., Suite 101 Burbank, CA 91506 818-563-3825 UCLA, 2004 UCLA Orthodontics, 2007 Faria Chohan, D.M.D. 5763 Tenneyson Dr. Agoura Hills, CA 91301 General Practitioner Temple University, 2007 House of Delegates 2007 Joe Sciarra DDS, Ella Sciarra, Anette Masters DDS, Mark Amundsen DDS Classified Ads PLANMECA PM 2002CC PROLINE PANOREX MACHINE. Like new, was placed in storage facility 6 months after purchase; Autoprint patient name and date; digital ready; $8,000.00 OBO (818) 996-1200 Natalie or Pam UNIQUE SERVICES OF LAB AND CLINICAL ORAL PATHOLOGY is now available in your local community. It includes the following: Biopsy services; Diagnosis and therapeutic management of oral mucosal lesions & follow-up programs; Radiographic consultations of pathologic lesions; Orofacial pain including neuropathic and TMJ disorders; Comprehensive care of prior/past radiotherapy for head/neck cancers. Dr. Lan Su, D.M.D., Ph.D., Westlake Village, (818) 865-1039. GENERAL DENTAL PRACTICE and BUILDING FOR SALE in WEED, CALIFORNIA 20 year established, busy practice, booked 3 months advance Collects $166K with 4 day week, 6 1/2 hour day, 2 months vacation 1176 sqft building, on .23 acres, Built in 1990. 3 Operatories, Lab, Sterile room, Office, Reception area, 2 Restrooms. PRACTICE: $120K – BUILDING: $225K or lease/option. Thomas L. Galbraith DDS 530-938-3338 [email protected] EXCLUSIVE DENTAL SUITES. Short/long term lease, state-of-theart equipment and accommodations. Includes: operatory, sterilization and x-ray room, waiting and consultation room, parking and storage space. Conveniently located off 101 Freeway. Carlos Vazquez. (818) 758-3557. AGOURA HILLS PRACTICE FOR SALE – (Gateway to Santa Monica mountains) Established 7 years in a 3-story building. Has 2,000 sq. ft. w/3 operatories (2 fully equipped). Seller is moving. Recently renovated office. Gross in 2006 was $266k. Sees 220 pts./mo; 15–20 new. Asking $320,000. [email protected] or 888-277-6633. DENTAL SUITE AVAILABLE. Three chair opporatory already plumbed and ready for the decorators. 1,050 sq ft is offered on a full service gross $2.50/sq ft. Located on a well trafficked street with dentist on two of the four corners. Dental suite is walking distance to Lake Avenue business and restaurant district. Parking is greater than 4/1000 sq ft. Landlord is a dentist looking for a tenant who would like a 5 – 10 year lease. For more information call Cliff Houser at (626) 583-8484. Jason Pair DDS, George Maranon, Lou Schwartzbach Tanya Stein ADHP Member, Jason Pair DDS, Alan Stein DDS Winter 2008 • San Fernando Valley Dental Society 5 CDA Working For Us By James Mertzel, Legislative Chairman As the Legislators submitted their completed bills to the Governor, it was his turn to approve or veto the abundance of bills submitted in the final days of the legislative session. able visit per month. This policy is not consistent with current standards of care which may require multiple visits in one month and no visits the next month. Listed below are some of the bills which relate to organized dentistry. This bill established a quarterly system of reimbursement, allowing a more flexible system to reflect individual treatment needs. AB 387 – Dental Office Ownership -Signed into law Under existing California Law, with the death of a practicing dentist, the family or estate had no legal option to keep the practice running, as the law stated that only a dentist could hire another dentist to perform professional services. When a dentist died unexpectedly, patients were not able to receive continuity of care and had to seek another dental office, even if they were in the middle of treatment. This obviously affected the value of the practice which could possibly be a large part of the estate’s value. SB 534 Veto There were a number of facets to this bill. One of the stipulations was to create a Dental Hygiene Committee under the jurisdiction of the Dental Board. In addition it placed jurisdiction of dental assistants with the Board. CDA had supported the final provisions of this law. A This bill, which was passed, allows the spouse or estate of the deceased dentist to hire a dentist for a limited time, not to exceed 12 months, to keep the practice running, while negotiations transpire in an attempt to sell the practice. AB 895 – Coordination of Benefits – Signed into law Secondary insurance company plans have been denying claims that exceed the amount they would have paid if they had been the primary insurance. As an example, a patient had a $1,500.00 dental bill. The insured had $1,000.00 benefits on both the primary and secondary plans. The primary insurer paid $1,000.00. The secondary insurance declined to pay the additional $500.00 stating that the insured only had $1,000.00 worth of benefits and that amount had been paid by the primary insurance plan. When a patient has two plans, they are entitled to receive benefits from both plans, not to exceed the total cost of the services. This legislation assures to the insured that they will receive the total benefits for which they are entitled. AB 383 – Denti-Cal Orthodontic Care Reimbursement – Signed into law Orthodontists who provide services under the Denti-Cal, Healthy Family or California Children’s Services were limited to one bill- 6 Winter 2008 • San Fernando Valley Dental Society CDA is concerned about the fact that this bill contained an extension to the Dental Board which is scheduled to sunset on July 1, 2008. If not extended, the Board’s functions would be transferred to a bureau within the Dept. of Consumer Affairs. CDA hopes to have legislation passed in the special health care legislative session to extend the sunset law. Other state boards will also require extensions. If the extension is not passed in the emergency health care session, it is very likely that the earliest an extension could be granted would be January 1, 2009, which would mean that there would be a six-month period of time that Dental Board functions would be performed by a bureau structure under the Department of Consumer Affairs. One concern is that the leader of the Senate, Senator Perata, may not allow the extension without addressing the issue of the Dental Hygiene Committee. CDA HAS BEEN VERY EFFECTIVE IN ADVOCATING FOR THE ISSUES WHICH WILL BENEFIT ALL THE DENTISTS OF CALIFORNIA. THEIR EFFECTIVENESS IS A REFLECTION OF THE INFLUENCE OF CAL-D-PAC AND THE GOVERNMENT RELATIONS DEPARTMENT. OUR GRATITUDE TO CDA’S LIZ SNOW, MICHELE RIVAS, PAM WOUDSTRA and their staff for an outstanding effort. Dr.Anita Rathee Anita attended dental school at Dalhousie University in Halifax, Nove Scotia and completed a General Practice Residency in Vancouver, B.C. She married an American citizen and moved to California where she earned a master’s degree in Public Health Policy Management and Administration at UCLA. Coming from Canada, where there was only private practice and no dental insurance, to the US involved more than a little culture shock. Her core beliefs are volunteerism, solo practice, one-to-one patient education and organized dentistry’s obligation to educate the public on the importance of regular care and the link between oral and systemic health. In support of her beliefs she has served as a director of MEND, is on our Dental Care Council, is on the CDA Interdisciplinary Affairs Council, has been membership chair of Cal AGD, has been a delegate for the AGD HOD for eight years and is immediate past president of California AGD. As well she has lobbied in Washington, DC for issues affecting the practice of dentistry and patient’s rights. A Michaelangelo Among Us Surresh Iyengar, D.D.S. was born in India and earned his B.D.S. in Bombay before he came to the US and completed the foreign dentist program at USC in 1972. He maintains a solo practice in Sherman Oaks, has been married for 34 years and has a daughter that is getting a master’s degree at S Carnegie Mellon Institute. Suresh is a member of the Pasadena Society of Artists, and has had his art exhibited as part of a cultural show at the Norton Simon Museum of Art. All dentists are artistic, have good eye-hand coordination, have good depth perception and on a small scale are sculptors. Most of us limit our talents to serving our patients and earning a living doing what we spent years learning in dental school. Suresh has let this whole art thing get completely out of hand. He sketches, paints and sculpts in foam, clay, wood and marble. He began his formal training in sculpture in 1990. Among his projects are marble copies of old masters, Indian bas-relief sculpture and painting, props for stage productions, and forced perspective sidewalk chalk art. The most widely viewed examples of his work are the figures he sculpts in foam for Burbank’s Rose Parade floats. Oh, I forgot – he also finds time and energy to train for and run seven marathons a year. Three times he has qualified for and run in the Boston Marathon. It didn’t come up during the interview, but I suspect Suresh is either bionic or an insomniac. In the Wake of Jacques Cousteau Walking into the office of Sherman Oaks dentist Harold Perlaza is not that far from opening a copy of National Geographic featuring a deep sea diving expedition. Before graduating from the UCLA foreign dentist program in 1990, he was already an accomplished scuba diver and photographer. The degradation of popular sites keeps Harold going further afield to find suitable places to dive and take his mind boggling photographs. He is recently back from dives in the Philipine and Maldive Islands, where he found clear water and the opportunity to get close to large populations of varied subjects, both day and night. Night photography brings lots of predators to the light (the better to eat you my darling), raising the number of subjects available. The same passion Harold brings to his hobby carries over to his concern for the fate of the fragile ocean and ultimately the earth. Pollution, global warming and overfishing are combining to seriously injure the seas – an environment that W covers 7/8ths of the earth’s surface. The oceans can only be saved by their judicious use. Selfishness, tradition and the economic interests of fishing fleets ravage their bounty, which has been viewed by many as boundless. Japan and Norway lead in killing whales, sharks and dolphins. Shephard of the Sea, lead by Captain Paul Watson, is at the forefront of educating whole populations of the immenent danger to the seas. Hopefully the trend can be reversed in time to save us all. Winter 2008 • San Fernando Valley Dental Society 7 Identitity Theft Prevention Please read this, share it with your friends 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. P 1. Do not sign the back of your credit cards. Instead, put “PHOTO ID REQUIRED.” 2. 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. 3. Put your work phone# on your checks instead of your home phone. If you have a PO Box use that instead of your home address. If you do not have a PO Box, use your work address. Never have your SS# printed on your checks. (DUH!) 4. Place the contents of your wallet on a photocopy machine. 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. I also carry a photocopy of my passport when I travel. We’ve all heard horror stories about fraud that’s committed on us in stealing a name, address, Social Security number, and credit cards. Photocopying this critical information can help limit the damage in case this happens to you or someone you know: 5. 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. 6. File a police report immediately in the jurisdiction where your credit cards, etc., were stolen. This proves to credit providers you were diligent, and this is a first step toward an investigation (if there ever is one). 7. 8 Here’s what is perhaps most important of all (I never even Winter 2008 • San Fernando Valley Dental Society thought to do this). Call the three national credit reporting organizations, IMMEDIATELY, to place a fraud alert on your name and also call the Social Security fraud line number. The alert means any company that checks your credit knows your information was stolen, and they have to contact you by phone to authorize your credit. By the time I was advised to do this, 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. It seems to have stopped them dead in their tracks. Now, here are the numbers you always need to contact if your wallet, etc., has been stolen: 1) Equifax: 800-525-6285 2) Experian (formerly TRW): 888-397-3742 3) Trans Union: 800-680-7289 4) Social Security Administration (fraud line): 800-269-0271 jjj WE ARE POSTER-FULL The 2007-2008 required CAL-OSHA poster sets are now available to CDA/SFVDS members. To request your free poster set, please call the central office at (818) 884-7395 General Meetings The Sportmen’s Lodge 4234 Coldwater Canyon • Studio City • 818-755-5000 January 16, 2008 – 2 p.m. - 9 p.m. February 20, 2008 – 2 p.m. - 9 p.m. Speaker: Roger P. Levin, D.D.S. Speaker: Jonathan L. Ferencz, DDS, FACP Less Stress – More Success: Supercharge Your Systems to Maximize Production & Profit Implant Restorations: Techniques to Guarantee Predictability, Profitability and Patient Satisfaction About the Speaker: About the Speaker: Roger P. Levin, DDS Chief Executive Officer, Levin Group, Inc. Since 1985, third-generation general dentist Roger P. Levin has embraced one single mission — to Improve the lives of dentists. For more than 20 years Levin Group has provided the dental industry with a wide array of consulting, financial and transition services and has partnered with thousands of dentists to help them achieve personal fulfillment and professional success. An author, international lecturer, columnist, and key industry leader, Dr. Levin has served in numerous capacities for non-profit charitable organizations and industry boards. He is the current Board of Visitors Chair for the National Museum of Dentistry and has been inducted into the Ernst & Young Entrepreneur of The Year, Hall of Fame. About the Program: How do you take your practice to the next level? To achieve long-term growth, you need to create and implement the right systems.Without them, dental practices often struggle for years. The insights and information presented will reenergize you as a leader, motivate your team, and provide you the tools needed to take your practice forward. in this exciting seminar, you will learn the principles of greater practice success, including: 1. 2. 3. 4. 5. 6. 7. 8. How to Design Step-By-Step Systems Strategies of Highly Successful Leaders How to Achieve Superior Customer Service How to Find Lost Hours Through Power Cell Scheduling™ The Impact of a High-Performance Hygiene Department The Importance of Key advisors How to Create a Life Plan to Achieve Ultimate Success How to Boost Case Acceptance Jonathan L. Ferencz, DDS, FACP Dr. Ferencz is a clinical professor of Prosthodontics and Occlusion in the Department of Advanced Education in Prosthodontics at New York University College of Dentistry. A diplomate of the American Board of Prosthodontics, Dr. Ferencz has served as president of the American College of Prosthodontists. He has also served as president of the Greater New York Academy of Prosthodontics and the Northeastern Gnathological Society, and is a member of the Academy of Osseointegration. Dr. Ferencz has given over 150 presentations and maintains a private practice limited to prosthodontics in New York City.. About the Program: This presentation will focus on the role of the restorative dentist in planning and treating the implant patient. The full gamut of implant restorative procedures will be covered, ranging fromthe single tooth implant retained crown to the full arch implant restoration. Topics to be covered include essential steps in planning, abutment selection and connection, impression procedures, and fabrication and delivery of the final restoration. Special emphasis will be given to implant restorations in the esthetic zone with an in-depth focus on soft tissue development and optimal esthetic outcomes using zirconia and alumina CAD/CAM procedures. Understanding the simplicity and predictability of these concepts can greatly enhance your confidence and profitability in implantprosthodontics. Continued on page 10 Winter 2008 • San Fernando Valley Dental Society 9 General Meetings (continued) Continued from page 9 March 19, 2008 – 2 p.m. - 9 p.m. April 16, 2008 – 2 p.m. - 9p.m. Speaker: Stephen R. Snow, D.D.S. Speakers: Leslie Canham, CDA, RDA & Gerald Vale, D.D.S. The Esthetic Excellence Paradigm: Digital Discernment and Dependable Dentistry The Dental Practice Act and Infection Control About the Speaker: About the Speakers: Stephen R. Snow, DDS is an Accredited Member of the American Academy of Cosmetic Dentistry and an Associate Member of the American Academy of Esthetic Dentistry. He is a published author who lectures internationally on smile design, cosmetic treatment techniques, and digital technology. He is on faculty at UCLA’s Center for Esthetic Dentistry and is the director of Perfect Perspectives Advanced Dental Seminars. He maintains a full-time private practice in Danville, CA emphasizing cosmetic restorative dentistry. About the Program: Have you implemented cosmetic restorative treatment in your practice only to experience difficult patient communication and unpredictable patient satisfaction? Are you confident in choosing the right materials and methods to get the results you want – profitably? Have you referred patients to specialists for multi-disciplinary treatment only to encounter misunderstandings and uncertain results? Have you received disappointing restorations from laboratory technicians who tried hard but didn’t deliver the results you or your patient expected? This presentation will cover the essentials for achieving esthetic predictability in dental practice. Basic and advanced concepts in esthetic analysis, smile design, and treatment planning will be highlighted. Specific clinical indications for successful material selection, preparation design, tissue management, and cementation consideration will be explored. Skillful use of dental photography is the most effective means for communication in the dental office. Of course, “A picture is worth a thousand words.“ This course will also explore and illustrate the fundamental principles of digital photography for the contemporary dental practice. A no-nonsense strategy for equipment selection will be discussed. Essential techniques will be presented for achieving stunning photographic images, and reviewing them with patients, colleagues and technicians. Learn to inspire treatment acceptance and achieve predictable results. 10 Winter 2008 • San Fernando Valley Dental Society Leslie Canham, CDA, RDA is a Speaker and Consultant specializing in Infection Control, OSHA Compliance, Dental Practice Act and HIPAA regulations. Leslie has over 36 years of experience in dentistry and is the founder of Leslie Seminars. In addition to speaking nationwide, Leslie conducts in-office training, “mock” OSHA inspections, and consulting on infection control and safety. Leslie is the moderator of the Infection Control Forum on Dentaltown.com, and is an active member of the Organization for Safety and Asepsis Procedures, the Academy of Dental Management Consultants, the Speaking Consulting Network, the National Speakers Association, and the California Dental Association. Leslie is authorized by the Dept. of Labor as OSHA Outreach Trainer in General Industry Standards. Gerald L. Vale, D.D.S., MPH, JD has earned advanced degrees in orthodontics, in public health, and in law. He was Interim Dean of the USC School of Dentistry in 1999 and 2000, and was Director or Co-Director of Dentistry at the Los Angeles County – USC Medical Center for 24 years. Dr. Vale has also served as vice-president of the Dental Board of California. He has been the senior forensic dental consultant for the Los Angeles County Department of Coroner since 1968, and in 2004 he was named Distinguished Fellow in the American Academy of Forensic Sciences. Dr. Vale is a member of the State Bar of California, presently inactive, and taught Dental Jurisprudence at the USC School of Dentistry for many years. He has also served as an arbitrator, expert witness and consultant in dental malpractice cases. 2006 marks the 58th year of Dr. Vale’s career in Dentistry. About the Program: This seminar focuses on the California minimum infection control standards Section 1005 as required for dental license renewal. The participant will be able to determine if their current infection control procedures meet CA regulations infection control and will be provided resources for infection control training and information. Sick? Go to Work or Stay Home? By Kay Carl, RN, BS For years, dental healthcare workers (DHCW) did not have access to suggested work restrictions for healthcare personnel infected or exposed to major infectious diseases in healthcare settings. Fortunately, we now have that information from the Centers for Disease Control and Prevention (CDC) 2003 Guidelines for Infection Control in Dental Health-Care Settings - 2003, online at www.cdc.gov/mmwr/mmwrhtml/rr5217a1.htm F Go to Table1, at the end of the document, after the references. If you have a CD from the AzDA OSHA Manual Workshop, it will be under tab 9b, pages 82 and 83. This is a great resource for the dental office. The table is just two pages, so I recommend printing it out and having a copy readily available for use. I do not wish to list every disease as the table is so complete. I wish to elaborate on some diseases listed as they relate to dentistry. EXCLUDE FROM DUTY Measles, Mumps, Rubella, Varicella (Chicken Pox) are infections that require the DHCW to be excluded from duty. These are all vaccinepreventable diseases and the CDC recommends DHCWs be vaccinated against these diseases. If an employee is exposed to any of these diseases, has not been vaccinated and does not have a positve antibody titer for the disease, there are work restrictions for the time period in which the employee could be contagious. VIRAL RESPIRATORY INFECTIONS Usually this is the most common form of illness that we deal with in the dental setting, both with employees and patients. The majority of the time the respiratory infection is the common cold but rarely is there a confirmed diagnosis. It could be the flu or respiratory syncytial virus (RSV) or another more serious infection. Most dental office teams are small in number, and the loss of one employee for the day can be disruptive. It is a hard call. Analyze the situation. Is the employee in the initial stages, febrile, coughing, sneezing and easily able to infect others? Restrict from duty. Are there high-risk patients on the schedule who are medically compromised and not able to tolerate a respiratory infection? Restrict from duty. Is there a place in the office where the employee can be restricted from direct patient care? Can the coughing and sneezing be controlled by medication? Take all this into account before a decision can be made to allow the employee to work. With a confirmed diagnosis, the decision is much easier to make. In addition, I do not recommend treating patients with respiratory infections. We usually do not have a clear understanding of what disease the patient has, and we do not want to be infected or transmit it to other patients. Patient education is the key in this situation, and we should remind the patient that he or she would not tolerate a dental procedure very well. Reclining and being subjected to water spray that can be inhaled can make it an unpleasant experience. Patients can be educated to not present for treatment when ill. CONJUNTIVITIS Most of us are aware that an employee infected with conjunctivitis is restricted from patient contact and their environment. For years we have also been told that 24 hours after medication has been started, an employee can return to work. This is not true. The work restriction is until discharge ceases. Employee health personnel are seeing more viral conjunctivities and if medication prescribed is for a bacterial infection, it will not be effective and the employee is still contagious. HEPATITIS Hepatitis A infected personnel are restricted from patient contact and their environment until seven days after onset of jaundice. Hepatitis B infected personnel, both acute and chronic, are cautioned to not perform invasive procedures and to be subject to advice from a review panel. Hepatitis C infected personnel are not restricted from work but are cautioned to follow aseptic technique and standard precautions. Medical and dental schools in the U.K. and other European countries are now requiring proof of positive antibodies to hepatitis B before admission. In some countries, healthcare workers infected with hepatitis B are prohibited from performing exposure-prone procedures. U.S. schools are also testing students pre-admission for immunity. It is my understanding that the prospective hepatitis B e-antigen-positive student is discouraged from attending the school. Some schools have formed review panels for this. It can be quite a difficult situation because it puts the school in a tenous risk management position if it allows the student to treat patients, and the risk of transmission to patients would continue for that individual after completion of studies. There have been many instances in which hepatitis B infected practitioners were implicated in worker-to-patient transmission without any known breach of technique. In addition, we now have our first confirmed case of patient-to-patient transmission of hepatitis B in a dental setting, published this year. Investigators of this case were able to determine that transmission did take place, by conducting DNA sequencing, but were unable to determine how it happened. It happened in an oral surgeon’s office in New Mexico. See www.cdc.gov/OralHealth/infectioncontrol/hepB.htm Hepatitis B is still our “Big Dragon to Slay” as it remains easy to transmit if aseptic technique is not diligently observed. HERPES SIMPLEX Genital herpes infection has no work restriction but use good hand hygiene and aseptic technique. Herpetic whitlow (hands) infection requires restriction from work until lesions heal. We rarely see this Continued on page 12 Winter 2007 • San Fernando Valley Dental Society 11 Sick? Go to Work or Stay Home? (continued) Continued from page 11 infection in dentistry since wearing gloves during patient treatment has become the standard of care. Orofacial infection requires evaluation to consider restricting from care of patients at high risk. Again good hand hygiene and aseptic technique is a must. If a patient presents with active orofacial herpes, a decision must be made as to whether the dental procedure can be safely performed. This is another situation in which patient education is important. A patient who routinely has this infection should be medicated before treatment to prevent infection or taught to reschedule timely with an outbreak. HUMAN IMMUNO DEFICIENCY VIRUS (HIV) According to the CDC guidelines, an HIV infected worker should not perform invasive procedures and should be subject to advice from a review panel. However, it is interesting to note that the Society for Healthcare Epidemiology of America (SHEA) in a 1997 position paper (Management of healthcare workers infected with hepatitis B virus, hepatitis C virus, human iummuno deficiencey virus, or other blood borne pathogens; Infection Control and Hospital Epidemiology Journal, 1997; 18(5)349-363] recommended that with double gloving, the HIV infected healthcare worker could perform invasive procedures unless incriminated in an outbreak. The web site for this document is www.shea-online.org/publications/shea_position_papers.cfm SHEA is the infectious disease physicians’ association, and their opinions hold great weight in the infection control community. ZOSTER (SHINGLES) Localized in a healthy person, the employee can work if the lesions are covered, but is restricted from care of patients at high risk. Generalized or localized in an immuno suppressed person, the worker is restricted from patient contact. If an employee that has been exposed to shingles, has not been vaccinated for chicken pox and does not have a positive antibody titer for chicken pox, that employee is restricted the same as exposed to chicken pox. If a worker has had chicken pox vaccinations, has a positive antibody titer or has had the disease, there is no work restriction. Use the table; it works! FINALLY… A follow-up to Shoes with Holes.CrocsTM footwear now offers shoes without holes for use in the work place. For more information, visit www.CrocWorkShoes.com Questions? Reach me at [email protected] Reprinted from Inscriptions Journal of Arizona Dental Associations Transitions Robert Merin in September 2007 joined the 3% of dentists who have been awarded Fellowships in the American College of Dentists. Fellowship is by invitation and is based on demonstrated leadership and contribution to the dental profession and society. Robert Merin, DDS 12 Dr. Merin, UCLA Dental Alumnus of the Year in 2000, is currently on the ADA Anesthesia Committee. He is past-president of the California Society of Periodontics, the UCLA Dental Alumni and the West Hills Hospital Dental Staff. Winter 2008 • San Fernando Valley Dental Society jjj • Dennis Roginson, long-time everything at SFVDS, has retired and turned over the conduct of his practice in Woodland Hills to Kourosh Zarrinni, former Chairman of the Orthodontic Departments of Temple University and Northwestern University. jjj • Peer Review has added a co-chairman, Alan Lewis, to help longtime chairman Dan Hilton in the conduct of the business of a very busy committee. jjj • Michael Simmons, new Ethics Committee Chairman, is filling a void created when the long-time chairman Fred Sherman was appointed to a position at CDA which precludes him from continuing on the Ethics Committee. Top Ten Things Employers Do To Get Sued By Diana G. Ratcliff, RDH, Esq. and Cynthia Elkins, Esq. While most employer-dentists have the best of intentions, often they are unaware of certain employment laws which, if violated, can land them into serious trouble. Following is a list of the top 10 things employers often do, and the reasons they are likely to get sued for doing them. W 1. Establishing a "Use-it or Lose-it" Vacation Policy Many employers are unaware that "use it or lose it" vacation policies are illegal in California. A "use it or lose it" policy means employees lose accrued vacation days if the employee does not take the accrued time off by a specific deadline. According to the California Supreme Court, accrued vacation is a "vested" benefit that can not be taken away once it is earned. Therefore, there can be no "forfeiture" or a "use it or lose it" vacation policy in California. Acceptable alternatives are reasonable caps on accrual, and cash-out policies. Under a "cap" plan, once an employee has accrued a predetermined amount of vacation but has not used it, the employee ceases earning (or accruing) vacation until the employee uses some of the accrued vacation, thereby reducing the accrual below the "cap." Employers may also be required to cash out accrued vacation to employees for time earned but not taken. All accrued but unused vacation must be paid out at the end of the employment relationship. This is true regardless of the reason for the separation of employment. 2. Holding Final Paycheck until Employee Returns Employer's Equipment Holding a final paycheck seems like a reasonable practice to ensure that an employee will return employer property such as uniforms, cell phones, pagers, etc. so that the employer is not at a financial loss; however, such failure to provide a final paycheck within the legal time limits, regardless of what the employee refuses to return can be a costly mistake. A terminated or laid off employee is entitled to all final wages, including unused vacation, on the last day of work. An employee who resigns with fewer than 72 hours notice must receive a final paycheck no later than 72 hours after notice is given. An employee who quits with more than 72 hours notice must receive his/her final paycheck on the last day of work. Failure to meet a final paycheck deadline subjects an employer to "waiting time penalties" pursuant to Labor Code Section 203. This penalty is a continuation of the employee's wages on a day-to-day basis until the final paycheck is provided, up to a maximum of 30 days. No offsets or deductions for unreturned property is permitted. 3. Terminating an Employee Who Files a Workers’ Compensation Claim or Takes a Legally Approved Leave of Absence California's Labor Code Section 132(a) prohibits an employer from terminating, threatening to terminate, or discriminating against an employee because s/he had received a workers' compensation award, has filed or even intends to file a workers' compensation claim, or has participated in the filing of a workers' compensation claim. Violation of this law increases the employee's workers' compensation benefits by one half, up to $10,000, and requires payment of costs and expenses up to $250. The employee also becomes entitled to reinstatement and reimbursement for lost wages and benefits. These claims are not covered by the employer's workers' compensation insurance policy; Continued on page 14 Winter 2008 • San Fernando Valley Dental Society 13 Top Ten Things Employers Do To Get Sued Continued from page 13 therefore, the costs of defense and any award is payable directly from the employer. In addition, most state and federal laws providing for leaves of absence have anti-retaliation provisions, which require the employee to be reinstated to his/her same or substantially equivalent position upon return from leave. Any termination or other "adverse employment action" following a leave could be considered retaliatory in nature. An employer is not shielded from a lawsuit simply because the employee has returned to work for a period of time. Once the employee claims a termination(or other discriminatory conduct) was a result of filing a workers' compensation claim, or as a result of a legal leave of absence, the burden falls on the employer to show there was a legitimate business necessity for its actions. 4. Implementing an "Alternative Work Schedule" Without Following IWC Orders Wage and hour laws place many restrictions on the number of hours an employee may work each day and week without overtime pay. Allowing a 4-day/10- hour schedule (or any schedule the employee chooses) without following the very strict legal requirements of the Industrial Welfare Commissioner's Wage Orders will result in liability based on overtime compensation. Even when an employee agrees in writing to this type of "alternate" schedule, if the legal procedure is not followed, the employee may file a claim against the employer and receive overtime compensation with interest for all additional hours worked over 8 per day or 40 per week under California overtime regulations. Seek legal counsel if you intend to implement an alternative work schedule for your office. 5. Failing to Train Managers Managers deal with employees every day and are an employer's best defense against litigation. Basic management training on such topics as sexual harassment, discrimination, leaves of absence, and wage and hour laws (including "exempt" versus "non-exempt" status) is essential and is recommended under the EEOC and State of California regulations and guidelines. Management training can be used as a defense in employment litigation to establish that the employer has undertaken a pro-active, positive attitude towards compliance with state and federal laws, and to establish that the employer took steps to prevent improper conduct, based upon the fact that a manager attended annual management training. 6. Classifying Employees as "Permanent" Following "Orientation" Period Under California law, employment is presumed to be "at-will" so the employer can terminate the employment with or without "cause" or reason and with or without notice, as long as the reason is not illegal, (e.g., discrimination). The employee can also resign at their "will." Using the term "permanent" can imply the employer no longer has a right to terminate the employee "at will" and without "cause." A better term is "regular employee." Of course, an employer should do (continued) more to ensure at-will employment relationships. The concept of “atwill” employment should be confirmed on employment applications and in employee handbooks. Managers should be trained to avoid creating oral contracts to help prevent allegations of "permanent" employment or "good cause" standards for termination. 7. Treating All Employees as "Exempt" Without Paying Overtime Wages Under both state and federal law, certain employees are "exempt" from overtime requirements and can be paid a base salary no matter how many hours a week they work. The Industrial Welfare Commission Wage Order sets forth narrow definitions for each classification of Exempt Employee. An "exempt" employee is an "Executive, Administrative or Professional" employee. Other types of exempt employees include "artists," some computer professionals or outside sales people. All other employees are "non-exempt" and must be paid overtime compensation. Non-exempt employees cannot agree to forego overtime pay in exchange for receiving a base salary. Titles such as "Executive Secretary" or "Administrative Assistant" are irrelevant to the determination of whether an employee is exempt or non exempt. Merely placing an employee on a salary does not exempt that employee from the wage and hour laws. While a "non exempt" employee legally can be paid in the form of a "salary," that employee must still be paid for overtime based on an hourly wage rate. 8. Allowing Employees to Work Through Lunch Breaks, or to Consolidate Meal and Break Periods Non-exempt employees are entitled to a minimum of one half-hour unpaid, duty-free meal break for every work day of more than six hours. In addition, employees are entitled to a paid ten-minute rest break for each four hours of work (or major fraction thereof). Employees may not combine meals and breaks together or waive either meals or breaks to leave earlier. For each workday an employer does not give an employee a required meal or rest break, the employer owes the employee one additional hour of pay. To avoid penalties, the employer must "ensure that workers are actually relieved of all duty, not performing any work, and are free to leave the work site during the meal period." "On duty" meal periods, where employees are paid for their normal meal period and allowed to eat on the job, generally are permitted only in extremely limited situations where the nature of the work truly prevents an employee from leaving. Exempt employees are not subject to the meal or rest break requirements and may work any number of hours without a meal or rest break. 9. Making Employees "Independent Contractors" to Avoid Employment Law and Tax Hassles Do you have an associate or a dental hygienist whom you have designated an independent contractor? Many employers operate under the myth that a worker can legally be an independent contractor as long as the employer and employee agree that the worker will be treated as an independent contractor, signs a written contract, or works for more than one employer. Continued on page 15 14 Winter 2008 • San Fernando Valley Dental Society Top Ten Things Employers Do To Get Sued (continued) Continued from page 14 In fact, independent contractor status is determined primarily by the degree of control the worker has over the manner and means of performing the work. The consequences for mis-classifying an employee as an independent contractor can be significant tax, wage and benefits liabilities, as well as substantial fines that may be imposed by state and federal agencies. 10. Failing to Keep Time Records Non-exempt Employees All non-exempt employees must record their "hours worked," i.e., all time that they actually spend working (including rest breaks, but excluding meal periods). It is the employer's obligation to maintain proper time records for all non-exempt employees. Failure of the employer to maintain time records is a violation of the Labor Code and Wage Orders. It is imperative that non-exempt employees properly record their time worked and not be permitted to "clock" out or in early or late. Further, it should be grounds for termination for an employee to "clock" in or out for another employee without prior management authorization. Deductions for time missed should be noted on the time sheet and are permissible once an employee has exhausted their accrued vacation, sick leave or PTO. the employer, office managers and employees are well-informed. An Employee Handbook which clearly sets forth your office policies, as prescribed by California law, should be part of your practice management. A good Employee Handbook will also help you avoid negotiating with each employee regarding policies you wish to follow, and will avoid accusations of favoritism. Most importantly, implementing and following the policies in the Employee Handbook will help defend the employer-dentist in the event that a complaint is made to the Labor Commissioner or the Department of Fair Employment and Housing, or a lawsuit ensues. A word of warning: in working with dental clients, we have become aware of “generic” handbooks sold by vendors. If the handbook you purchased is not based on California law, seek legal counsel before implementing policies. Disclaimer: This article is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as "legal advice," or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact the Law Offices of Cynthia Elkins. All rights reserved. ©2007. What Should You Do To Help Avoid Lawsuits? Employment-related misunderstandings are less likely to occur when Winter 2008 • San Fernando Valley Dental Society 15 San Fernando Valley Dental Society 22110 Clarendon Street, Suite 101 Woodland Hills, California 91367 PRESORTED STANDARD U.S. POSTAGE PAID CANOGA PARK, CA PERMIT NO. 337 DATED MATERIAL Debilitated by Trigeminal Neuralgia Pain, Actor Edits Script to Include GAMMA KNIFE RADIOSURGERY Diagnosed with Trigeminal Neuralgia nine years ago, 89-year-old actor and retired colonel John Haskin suffered incapacitating left facial pain. Trigeminal Neuralgia is considered to be the most painful affliction known to medical practice. Medication did not alleviate his pain. John and his physician chose Gamma Knife Radiosurgery at Northridge Hospital Medical Center. Gamma Knife Radiosurgery is the least invasive method of treating this condition. Take 2: John is still symptom free more than one year after Gamma Knife Treatment, no longer thwarted by the pain. GAMMA KNIFE Facts: • • • Northridge Hospital has the only Gamma Knife in the San Fernando Valley and whose physicians have treated more than 500 patients Radiation conforms to the shape of the lesion or tumor while sparing the surrounding tissue. More than 350,000 patients have been treated with Gamma Knife worldwide. Trigeminal Neuralgia Support Group at Northridge Hospital In partnership with the Trigeminal Neuralgia Association For Trigeminal Neuralgia and related facial pain sufferers to obtain information, encouragement and treatments explanations, call (818) 885-8500, ext. 2565. (818) 885-5432 www.NorthridgeHospital.org