July/August 2013 | Page 17

Oklahoma Case Highlights

Importance of Reviewing Office Sterilization Procedures

By Thomas J . Weber , Esq .
As a licensed practicing dentist , either you are aware , or should be , of the Oklahoma dentist who recently had his office shut down due to violations of appropriate infectious disease controls .
The state of Oklahoma ’ s investigation began when one of the dentist ’ s patients was found to be HIV positive and all other likely causes had been eliminated . The Oklahoma Board of Dentistry ’ s surprise inspection uncovered the regular use of a rusty set of instruments and the practice of pouring bleach on wounds until they “ turned white .” The dentist also allegedly reused needles .
The incident has not only caused concern in the dental community , but also with those who regulate dentists . Just as the Watkins case resulted in heightened scrutiny on the administration of anesthesia in the practice of dentistry and eventually the overhaul of the regulations pertaining to its administration , it is safe to assume the Oklahoma incident will have a similar affect in terms of office sterility protocols and infectious disease control .
While it is uncertain whether the Pennsylvania Department of State is likely to launch a series of random office inspections , it nonetheless is a good time for every dental office to examine its infectious disease protocols . Furthermore , it is likely that any time an investigator has reason to visit an office they will pay closer attention to infection control even if that is not the reason for their visit .
Currently the regulations define it as unprofessional conduct for a dentist to fail to follow current infection-control recommendations issued by the Federal Centers for Disease Control or to ensure that auxiliary personnel and other supervisees follow these guidelines . 49 Pa . Code § 33.211 ( a )( 7 ). Likewise , it is unprofessional conduct for a dental hygienist or expanded function dental assistant to fail to follow current infection-control recommendations issued by the Federal Centers for Disease Control . 49 Pa . Code § 33.211 ( b )( 4 ) and § 33.211 ( c )( 4 ). There are a number of steps that dental offices can take to ensure their compliance with their regulatory obligations , as well as protect the health and safety of their patients . Please allow me to set forth some of the most important .
• The Commonwealth of Pennsylvania will rely on the “ Guidelines for Infectious Control in Dental Health-Care Settings , 2003 ,” as developed by the Centers for Disease Control and Prevention .” A copy of the guidelines can be obtained by a simple Internet search for “ CDC dental guidelines .” It can also be accessed at www . cdc . gov / oralhealth / infectioncontrol / guidelines . Every dentist should have a thorough understanding of these guidelines .
• In addition to reviewing the guidelines , dentists should review the manufacturer ’ s suggested guidelines for the sterilization products used in the office . However , caution must be used in relying on the verbal instructions provided by sales representatives due to the possibility of an error occurring
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