2008 MN Dental Legal (Wellness) Checklist

by Michael J. Weber - Weber Law Office

The following “Legal Wellness Checklist” highlights some basic legal issues that commonly face dental professionals in Minnesota.  This checklist, when appropriately used with legal consultation, can assist Minnesota dental professionals in identifying some areas in which they can implement measures to prevent or at least reduce the potential of future legal difficulties. 

The “Legal Wellness Checklist” is not a substitute for professional advice.  Therefore, please carefully read the additional information that follows the checklist.

Below is a summary of the "legal" checklist

**The Entire Legal Checklist is published on the Northern Dental Alliance Website.

I. Minnesota Board of Dentistry and Practice-Related Issues:

__ All dental professionals have read and understand the Board’s Practice Act and related rules...

__ The dental practice complies with patient privacy laws...

__ All dental professionals understand and comply with the Board’s record-keeping rule for patient records..

__ All dental professionals understand and have implemented the Board’s infection control requirements...

__ All dental professionals thoroughly understand their legal scope of practice as well as the Board’s legal requirements for “Delegated Procedures” and associated “Levels of Supervision,”...

__ Regularly and competently review the adequacy of the staff’s compliance with the underlying legal requirements.

__ All dental professionals understand and are complying with the Board’s Professional Development Portfolio requirement...

II. Employment/Independent Contractor Issues:

__ The dental practice has implemented, follows, and updates employment policies, as necessary.

__ All dental professionals have a contract that clearly outlines such issues as responsibilities, compensation and benefits, confidentiality, termination, non-competition/non-solicitation, and potentially alternative dispute resolution.

__ The dental practice has thoughtfully and appropriately classified anyone considered an independent contractor (versus an employee) to avoid significant potential penalties for improper classification.

__ The dental practice performs and documents annual performance evaluations.

__ All employees’ performance issues are appropriately and thoroughly addressed and documented.

__ Before terminating an employment relationship, the employer and employee have complied with any requirements for termination (for example, notice and/or adequate basis) and understand their rights and obligations...

III. Business Liability Issues:

__ The office and the staff have adequate business and professional liability insurance.

__ The dental professional staff have recently taken a “risk-management” course...

__ The dental office is organized in a manner that provides the owners with business liability protection...

__ The dental office complies with the formalities of treating a corporation, LLC, or LLP as a separate and distinct legal entity....

__ For dental offices organized as a corporation, LLC, or LLP, the business has also elected to be a professional firm and complies with the Minnesota Professional Firms Act...

IV. Business Succession and Retirement Issues:

__ Owners have an adequate “buy-sell” agreement, disability plan, and other similar measures to resolve “unexpected” difficulties/differences.

__ Dental professionals have an adequate retirement plan and estate plan.

__ Dental practices have a business succession plan...