17 CAR § 115-1510 – Medical conditions, work-related illness, and work restrictions

(a)
1. (1) A DHCP who is positive for HIV, Hepatitis B, or Hepatitis C shall disclose this fact to the Arkansas State Board of Dental Examiners.
2. (2) If the DHCP is not a licensee or permit holder, the supervising licensed dentist will report the DHCP’s health status to the board.
3. (3) The DHCP shall thereafter refrain from participating in any procedure that has a potential for occupational exposure.
4. (4) Said refraining will continue until such time as the board enters an order delineating the scope of practice permitted for the DHCP.
(b) The board will then establish and appoint members to serve on a review panel to review, counsel, monitor, and recommend restrictions, when appropriate, for the practices of HIV-positive, Hepatitis B-positive, or Hepatitis C-positive DHCPs.
(c) The review panel shall be appointed by the board with its members being chosen on a case-by-case basis.
(d)
1. (1) The review panel will conduct its review considering that exposure-prone invasive procedures are best determined on a case-by-case basis by taking into consideration the degree of infectivity, the specific procedure or procedures, as well as the skill, technique, and possible mental and/or physical impairment of the infected DHCP.
2. (2) Following its review, the panel chairperson will submit a report of recommendations or restrictions of practice to the board.
(e) The board will:
1. (1) Consider the review panel’s recommendations;
2. (2) Make the final determination of practice and/or procedure restrictions;
3. (3) Develop procedures in order to monitor the compliance of the DHCP with restrictions; and
4. (4) Communicate said information of any restrictions and the monitoring of the restrictions to the DHCP or the supervising licensed dentist by written order.
(f) Information as to the panel’s recommendations, the board’s monitoring of restrictions, and its disciplining of the DHCP or the supervising licensed dentist, if necessary, will be reported in a timely manner to the Secretary of the Department of Health, who will continue to ensure the confidentiality of the infected DHCP.
(g) Reports and information furnished to and by the board relative to the HIV, HBV, or HCV infectivity of a DHCP shall not be deemed to constitute a public record but shall be deemed and maintained by the board as confidential and privileged as medical records.
(h)
1. (1) At such time as there is an alleged violation of this part, the board will proceed with its procedures set forth in the Arkansas Dental Practice Act, Arkansas Code § 17-82-101 et seq., and this part by bringing a licensee before it for alleged violations of the Arkansas Dental Practice Act.
2. (2) At that time, the knowledge and information pertaining to the medical condition of the DHCP may become public knowledge.
(i) The failure of a dentist, dental hygienist, or registered dental assistant to comply with the terms of this part or the order of the board concerning the scope of practice as referred to in subsection (a) of this section will be considered a failure to maintain adequate safeguards for the health and safety of the patient and the public, as referred to in the Arkansas Dental Practice Act.