Over the last few weeks the TDA central office has received a number of phone calls from members who have employed temporary dental hygienists in their practice. e questions focus upon whether the temporary dental hygienist is considered a contract employee by the Texas Workforce Commission (TWC). As you may know, TWC is the state agency governing employment practices in Texas and provides numerous services for employees and employers including information on labor law. e article below is reprinted with the TWC’s permission and was previously published in the spring 2007 issue of the TWC’s Solutions newsletter. “Contract labor” may be the most widely used misnomer in business and poses a growing concern for Texas employers — tax penalties that can be avoided. One of the most frequently asked questions of the Texas Workforce Commission’s Office Representing Employers regards the definition of contract labor. Although the Texas Unemployment Compensation Act does not directly define “independent contractor,” it does set forth a broadly inclusive test, the “direction or control” or “common law” test. e Texas Labor Code creates the presumption of employment based on the performance of a service for wages, and the burden for proving otherwise is on the recipient of those services. In basic terms, an employee is someone over whose work an employer exercises direction or control. Employers need to be aware there are extensive wage reporting and tax responsibilities that accrue as a result of the employer/employee SEPTEMBER 2009 VOLUME 10, ISSUE 9 AVAILABLE ONLINE AT TDA.ORG Inside TAGD Dentist of the Year, 2009 TDA Smiles Foundation • Year One of Meadows Grant Comes to a Close — We Did It! • TDA Perks Partner, OSHA Review, Inc., Donates Disinfectant • Holiday Card New HIPPA Breach Notification Requirements Dentists Who Care Dental Conference In The Loop Evidence-Based Practice Tip of the Month Meet Your New TDA Staff FYI: NLRB Update TSBDE Rule Update Changes at TSBDE October Journal News Special Legislative Issue The Curse of Discovery Force Relaxation Between Latex and Non-Latex Orthodontic Elastics Click & Connect Join us on Facebook www.groups.to/texasdental Follow us on Twitter twitter.com/theTDA Get LinkedIN linkedin.com, search “Texas Dental Association” Employee vs. Contract Labor Knowing Employment Differences Clarifies Business Reporting Responsibilities Significant differences between employers, independent contractors (Texas Workforce Commission) Employer/Employee • Worker asserts position as an employee or seems unsure of status • Worker has no DBA (Doing Business As), does not own company, has no client base, and/or has no business cards or independent advertising • Worker performs services on an ongoing basis for the employer • Pay is hourly wage or salary, rather than by the job, and unilaterally set by the employer • Employer supervises the worker in the details of the projects or assignments • Employer provides facilities, tools, equipment and/or supplies for work • Employer provides office space and clerical help to the worker at no cost • Worker requires training and periodic supervision • Worker has no right to engage assistants to help perform the contract services, or if the worker hires assistants, employer pays wages • Employer reimburses the worker for expenses associated with the job • Worker is covered by all or part of the employer’s benefits plan and liability insurance • Worker does not determine the hours or the details of the work Independent Contractor • Contractor asserts self-employment and generally maintains client or customer base • Contractor is usually hired locally where the customer performs the project • Contractor performs a service the customer is not qualified or able to supply • Work is generally performed at customer site and/or contractor’s office/home • Tools and equipment are furnished by contractor or customer • Contractor is highly skilled and requires no training or supervision • Contractor and customer are interested only in the outcome of the work, not in the details of how the work is done • Contractor has some voice in determining the hours of performing the work • Work is not on a continuous basis, but rather on a job-to-job basis • Pay is generally by the job and is negotiated with the contractor • Contractor invoices the customer for work performed • Payment is to the contractor • Contractor has the right to hire assistants and to pay them out of pocket • Contractor is not reimbursed for expenses • Contractor maintains own errors and omissions liability insurance relationship. Employers must understand differences between employees and independent contractors, as there are interest payments and financial penalties levied against those who attempt to circumvent unemployment taxes. An independent contractor is self- employed, bears responsibility for his or her own taxes and expenses, and is not subject to an employer’s direction and control. e distinction depends on much more than what the parties call themselves. TWC has the legal obligation to collect taxes on the wages of all individuals who qualify as employees under the Texas Unemployment Compensation Act. Each year, hundreds of employers are required to participate in Unemployment Insurance appeals cases that involve questions arising over the classification of independent contract workers. At issue is whether a given worker is considered an employee or an independent contractor. TWC is charged with auditing businesses to ensure employee wages are being reported and proper taxes are being paid on those wages. In determining if an individual is an employee or an independent contractor, TWC uses a 20 common law factor test, which can be found at www. texasworkforce.org. If TWC determines an individual who has been classified as an independent contractor is really an employee, then back taxes, penalties and interest are assessed. e Internal Revenue Service (IRS) is notified of TWC’s findings via a federal reporting program. e IRS will then investigate those same employers for compliance with federal laws. For more information, contact Diane Rhodes at [email protected], or (512) 443-3675.
Transcript
Over the last few weeks the TDA central office has received a number of phone calls from members who have employed temporary dental hygienists in their practice. The questions focus upon whether the temporary dental hygienist is considered a contract employee by the Texas Workforce Commission (TWC). As you may know, TWC is the state agency governing employment practices
in Texas and provides numerous services for employees and employers including information on labor law.
The article below is reprinted with the TWC’s permission and was previously published in the spring 2007 issue of the TWC’s Solutions newsletter.
“Contract labor” may be the most widely used misnomer in business and poses a growing concern for Texas employers — tax penalties that can be avoided.
One of the most frequently asked questions of the Texas Workforce Commission’s Office Representing Employers regards the definition of contract labor. Although the Texas Unemployment Compensation Act does not directly define “independent contractor,” it does set forth a broadly inclusive test, the “direction or control” or “common law” test.
The Texas Labor Code creates the presumption of employment based on the performance of a service for wages, and the burden for proving otherwise is on the recipient of those services. In basic terms, an employee is someone over whose work an employer exercises direction or control. Employers need to be aware there are extensive wage reporting and tax responsibilities that accrue as a result of the employer/employee
SEPTEMBER 2009 VOLUME 10, ISSUE 9 AVAILABLE ONLINE AT TDA.ORG
Inside
TAGD Dentist of the Year, 2009
TDA Smiles Foundation
• YearOneofMeadowsGrant
ComestoaClose—WeDidIt!
• TDAPerksPartner,OSHAReview,
Inc.,DonatesDisinfectant
• HolidayCard
New HIPPA Breach Notification
Requirements
Dentists Who Care Dental
Conference
In The Loop
Evidence-Based Practice
Tip of the Month
Meet Your New TDA Staff
FYI: NLRB Update
TSBDE Rule Update
Changes at TSBDE
October Journal News
Special Legislative Issue
The Curse of Discovery
Force Relaxation Between Latex
and Non-Latex Orthodontic Elastics
Click & Connect
Join us on Facebook
www.groups.to/texasdental
Follow us on Twitter
twitter.com/theTDA
Get LinkedIN
linkedin.com,search“TexasDental
Association”
JUNE, 2008 VOLUME 9, ISSUE 6 AVAILABLE ONLINE AT TDA.ORG
InsideMedicaid in My Office?Yes, I Think So!Richard M. Smith, DDS
TDA Smiles FoundationTMOM gains ardent advocate
Ask the PresidentIncoming President’s messageHilton Israelson, DDS
Let’s TalkOutgoing President’s messageA. David May, Jr., DDS
2008-2009 TDA Board of Directors
Meet Your TDA StaffTDA’s new Finance Director Dee Dee Delagarza
Congratulations to TDA Component Societies
Streamline Your Insurance ClaimsSpeeding up confirmation of benefits and eligibility
TSBDE Rule UpdateRequirements for dental office radiograph machines
In the NewsTDA members in the news
July Journal NewsTooth Whitening: A Clinical Review
TDA Historical PerspectivesDentists, dental hygienists, and the dental team
The 2007 C.T. Rowland AwardOrthodontic case report
The El Paso Dental Conference
Around the StateAugust 14:TDA Board MeetingAustin, Texas
October 15-19:ADA Annual SessionSan Antonio, Texas
Click & ConnectUpdate Profile tda.org – Membership Info Ask a Colleague tda.org – Features TEXAS Meeting Photostexasmeeting.com/estore
Volunteer for ‘08 ADAtda.org/volunteerada08
Every Member MattersRise’ Lyman, DDS, TDA Future Focus Committee
Membership growth is vital to any thriving organization. The Texas Dental Association (TDA) Board is strongly committed to the Membership goal within the “TDA 2009” strategic plan, which addresses continued growth. I am proud to report that, as evidence of that commitment and for the second year in a row, the TDA received the following ADA awards in 2008:• Greatest Percentage Membership Net Gain: Texas had a net gain of 198 members in the year 2007.• Top Constituent Dental Society with Greatest Percentage of Non-Members to Membership: Represents a conversion of 4.7 percent of non-members into membership at end of year 2007.• Top Constituent Dental Society to Improve Retention Rate Percentage in 2007: Represents a 97 percent Association retention rate, which is an increase of 7 percent from the previous year.• Greatest Percentage of New Dentist Members: Represents a gain of 111 new dentist members (those dentists who are 1-9 years out of school).
Another example of the commitment to the growth of our Association is the TDA Externship Program, which builds student awareness of organized dentistry. This innovative program, created in 2007, offers students the opportunity to gain insight into the different components of organized dentistry including legislative and regulatory affairs, membership, governance, continuing education, and charitable dentistry and to gain a better understanding of their role as future leaders of the dental team. The program is open to dental students from each of the three dental schools in Texas. This year the externship program will take place June 20 – June 27 in Austin at the TDA central office. As an ongoing effort to enhance the value and benefits of the Association, the TDA Council on Membership developed a survey that was sent to all members in 2006. The results clearly showed that members have a high satisfaction rating with benefits such as the TEXAS Meeting, TDA publications, and the ability to participate philanthropically in the TDA Smiles Foundation. A great number of the discounted programs offered to members through the TDA Perks Program also received a high satisfaction rating. In accordance with the strategic plan, the Council on Membership, will survey members again in 2009. Participation from all members and a collaborative effort between the ADA, TDA, and local component societies are the keys to successful membership recruitment and retention. We encourage every member to get involved whether it is by attending local meetings, taking part in Give Kids a Smile! Day activities, volunteering at a Texas Mission of Mercy, or participating in TDA Legislative Day activities in Austin. Each member matters and is essential to the continued growth of our Association and of organized dentistry. This is the seventh and final in a series of articles focused on the TDA’s accomplishments guided by the strategic plan. To view the entire plan, log in at www.tda.org and click on “TDA 2009” under “Current Issues” on the member homepage. For more information, please contact Lyda Creus Molanphy, staff liaison to the Future Focus Committee, at the TDA central office, (512) 443-3675.
MembershipDentists will value membership and participation in the TDA.
Objectives1. Improve perceived value and benefits of membership in TDA. a. Increase members’ knowledge about the impact and benefits of TDA membership. b. Ensure that components are an integral aspect of the membership process. c. Create greater awareness of the availability of the Peer Review, Ethics & Judicial, and Risk Management benefits. d. Actively promote adherence to the Code of Ethics. e. Enhance communication with members and non-members. f. Build student awareness of and interest in organized dentistry and membership in TDA. g. Ensure ongoing contact with students throughout dental school. h. Work closely with dental school faculty. i. Evaluate number of nonmember dentists who attend and participate in TDA activities (TEXAS Meeting, TDA Smiles Foundation programs, etc.).Metrics1. Seventy percent of active licensed dentists in TX will be members of TDA by 2009 (baseline of 68.5% in January 2007); increase
membership retention rate to 97 percent by April 2007 (baseline 96% in 2006). a-d. Increase the number of dentists serving on component peer review and ethics and judicial affairs committees to attain a
participation rate of 2-5 percent relative to the total number of component society members by August 2009.2. Ninety percent of TX dental school graduates actively licensed in TX will be members of TDA five years after graduation (89%
dental student conversion from the graduating class of 2005 in Texas).3. Increase the number of member dentists actively participating in TDA by 1 percent a year (as measured by a variety of means
– participation at TX Meeting, TMOM, TXDDS, FSI programs, DENPAC participations, TDA legislative day) with annual report to TDA Board by the Council on Membership.
4. Establish baseline of nonmember participation at TDA activities (CAS, TDA Smiles Foundation, Membership) 5. Established baseline of members’ understanding of and satisfaction with the benefits of their TDA membership through Member
Benefits and Services Survey (completed Nov 2006), re-evaluate % increase at that time for 2009.6. Sixty-five percent of all full-time faculty will be TDA members by 2009 (2006 baseline = 63%).
Mission: To be The Voice of DenTisTry in Texas
Manpower Advocacy OrganizationalExcellence
Public Image
Development Membership
The TDA will update it’s strategic plan with another statewide retreat in August of 2008.
In 2003, Texas Dental Association members from across the state develop TDA’s first strategic plan, TDA 2009.
Employee vs. Contract Labor
Knowing Employment Differences Clarifies Business Reporting Responsibilities
Significant differences between employers, independent contractors (Texas Workforce Commission)
base, and/or has no business cards or independent advertising • Workerperformsservicesonanongoingbasisfortheemployer• Pay is hourly wage or salary, rather than by the job, and unilaterally set by the
or if the worker hires assistants, employer pays wages • Employerreimbursestheworkerforexpensesassociatedwiththejob• Workeriscoveredbyallorpartoftheemployer’sbenefitsplanandliability
base • Contractorisusuallyhiredlocallywherethecustomerperformstheproject• Contractorperformsaservicethecustomerisnotqualifiedorabletosupply• Workisgenerallyperformedatcustomersiteand/orcontractor’soffice/home• Toolsandequipmentarefurnishedbycontractororcustomer• Contractorishighlyskilledandrequiresnotrainingorsupervision• Contractorandcustomerareinterestedonlyintheoutcomeofthework,notin
the details of how the work is done • Contractorhassomevoiceindeterminingthehoursofperformingthework• Workisnotonacontinuousbasis,butratheronajob-to-jobbasis• Payisgenerallybythejobandisnegotiatedwiththecontractor• Contractorinvoicesthecustomerforworkperformed• Paymentistothecontractor• Contractorhastherighttohireassistantsandtopaythemoutofpocket• Contractorisnotreimbursedforexpenses• Contractormaintainsownerrorsandomissionsliabilityinsurance
relationship. Employers must understand differences between employees and independent contractors, as there are interest payments and financial penalties levied against those who attempt to circumvent unemployment taxes.
An independent contractor is self-employed, bears responsibility for his or her own taxes and expenses, and is not subject to an employer’s direction and control. The distinction depends on much more than what the parties call themselves.
TWC has the legal obligation to collect taxes on the wages of all individuals who qualify as employees under the Texas Unemployment Compensation Act. Each year, hundreds of employers are required to participate in Unemployment Insurance appeals cases that involve questions arising over the classification of independent contract workers. At issue is whether a given worker is considered an employee or an independent contractor. TWC is charged with auditing businesses to ensure employee wages are being reported and proper taxes are being paid on those wages. In determining if an individual is an employee or an independent contractor, TWC uses a 20 common law factor test, which can be found at www.texasworkforce.org. If TWC determines an individual who has been classified as an independent contractor is really an employee, then back taxes, penalties and interest are assessed. The Internal Revenue Service (IRS) is notified of TWC’s findings via a federal reporting program. The IRS will then investigate those same employers for compliance with federal laws.
For more information, contact Diane Rhodes at [email protected], or(512) 443-3675.
September 2009 / TDA Today / 2
Happy, Healthy Smiles … That’s Our Mission!
Year One of Meadows Grant Comes to a Close — We Did It! In September 2008, the TDA Smiles Foundation received the first installment from the Meadows Foundations generous grant funding our newest program, Smiles on Wheels. This month marks the close of our first year of the newest jewel of Your Foundation, helping to alleviate the access to care issue in rural Texas communities
YEAR ONE Smiles on Wheels 2008-2009The goal was arduous and we were up for the challenge! Grant stipulations stated that the TDASF was to deliver 8 Smiles on Wheels clinics in its first 12 months of Funding. Proudly, that goal has now been accomplished. Please join with us in celebrating the delivery of care to over 1,150 Texans at a value in excess of $650,000!
In Year One, we visited: Rockdale, December 2008; Crockett, February 2009; Bayview, March 2009; Mount Pleasant, April 2009; Atlanta, April 2009; Marlin, June 2009; Rocksprings, July 2009; and Mineral Wells, August 2009
YEAR TWO Smiles on Wheels 2009-2010 Grant restrictions thankfully loosen a bit in our second year and we are required to serve 500 patients in the 2nd 12 month period. At this time, our Year Two planned Smiles on Wheels events include stops in Atlanta, October 2009; Alpine, January 2010; Jasper, May 2010; and Winters, July 2010. Along with the events we have planned in 2010 for the Texas Missions of Mercy (Tyler, Taylor, Waco and El Paso), we have yet another full year of helping to provide healthy happy smiles across the state! Please consider joining us. Check out our upcoming missions at www.tdasf.org and sign up to volunteer!
TDA Perks Partner, OSHA Review, Inc., Donates DisinfectantLong-time TDA Perks Program partner, OSHA Review, Inc., recently donated enough disinfectant to TDA Smiles Foundation to service Smiles’ remaining 2009 charitable dental events. In addition, OSHA Review donated spray bottles, mixing containers and measuring devices for use with the disinfectant. SUV is a three-in-one product: a surface disinfectant, cleaner for ultrasonic units and solution for flushing vacuum lines, and was specifically developed for the dental profession. By avoiding a middle man and providing SUV in concentrate form, OSHA Review is able to provide the product at less than $2.50 gallon. TDA members who order SUV through TDA Perks Program receive free spray bottles and mixing containers with their order.
For more information regarding OSHA Review’s SUV product, visit tdaperks.com, or call (512) 443-3675.
HOLIDAY SMILES
HOLIDAY SMILES
A fresh 2009 design for our holidays cards has been finalized for your season of gift giving. As with prior years, card purchasers will be allowed to purchase an upscale holiday card for $25 acknowledging that a contribution has been made in the recipient’s honor. They are a fabulous, caring way to recognize those who support your practice, while also supporting your Foundation and getting a much-needed tax deduction! It’s simple to do. OPTION ONE: Log onto www.tdasf.org, let us know your gift recipients and leave the rest to us. We’ll process, stamp, hand address and mail your gifts out on your behalf! You can pay with a credit card on line or via snail mail with a check.
OPTION TWO: Send us an order form printed from the web site with your payment enclosed and we will send your cards in a package to your office for personal handling.
TDASF Holiday Cards are a wonderful way to support your Foundation. The warm feeling lasts far longer than a honey baked ham!
TDA Smiles Foundation Holiday Cards
TAGD Dentist of the Year, 2009 Dr. Ralph Cooley of Conroe was named “Dentist of the Year” during the Texas Academy of General Dentistry’s Making a Difference Conference on September 11, 2009. His contributions to dentistry include service to and leadership in the Academy of General Dentistry, the American Dental Association, the Texas Academy of General Dentistry, the Texas Dental Association, and the Brazos Valley District Dental Society.
Dr. Cooley served as an assistant clinical professor at the University of Texas Dental Branch – Houston from 1991 to 2005. His community service has included teaching Sunday school, dental missions to El Salvador, Rotary Club dental care for underprivileged children, and oral cancer screening with the Jack T. Clark Foundation. He is a former youth baseball coach and a bike ride participant for the Lance Armstrong Foundation.
(L – R): Dr. Ralph Cooley receives the 2009 Texas Academy of General Dentists “Dentist of the Year” award from Dr. Richard M. Smith, the 2008 winner.
WHAT: The TEXAS MeetingWHEN: May 6-9, 2010WHERE: Henry B. Gonzalez Convention Center, San Antonio, Texas
By William S. Nantz, Chair, TDA Council on Annual Session
The Council on Annual Session once again invites you to start planning another exciting trip to the TEXAS Meeting and its associated activities. As always, there will be education, politics, shopping, food and fun. Your meeting is the largest in Texas and one of the most respected in the country.
There will be more than 85 speakers in a variety of learning venues planned to maximize your educational opportunities and desires. Virtually every topic in dentistry will be available in lecture and participation courses and, once again in the one-hour Lone Star Lecture Series. Many TDA members have asked for “new” speakers and you will note many names you’ve never seen at previous meetings.
Thursday night’s Texas Party will be moving to a new location in the Convention Center, and once again will be party central. New this year is “NightFire,” the ultimate party band offering an atmosphere of dancing and entertainment pleasure. There will be plenty of free food and beverages.
The expanded Exhibit Hall beckons those in the mood to shop. Both dental and non-dental exhibitors support our meeting and deserve your presence and purchases. The Exhibit Hall will also include the DENPAC Silent Auction, the TDA Pavilion, the TEXAS Meeting Store, TDA Perks Program endorsed vendors, and Happy Hours on Thursday and Friday afternoons.
Plan now to be in San Antonio, May 6-9, 2010!!
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September 2009 / TDA Today / 3
The football season has arrived and with it some needed relief from the hot dry summer. There is however, no relief in sight for the many issues affecting the Texas Dental Association.
The TDA Board of Directors recently completed its August meeting and looked at several important topics that I want to briefly mention. The Building Committee brought to the TDA Board preliminary plans for renovating the property next to the TDA headquarters building. The Board gave permission to move to the next step and have final plans drawn up. Bids will then be requested and discussed, and hopefully a decision will be made on the renovation of the TDA annex.
The Task Force on Non Licensed Dentists submitted its initial report and made several recommendations for further study and reporting at a future TDA Board meeting. They are also continuing to look at all aspects of the non licensed practice of dentistry in this state. The Task Force on Oral Health has met and is reviewing the Building Better Oral Health: A Dental Home for all Texans document and will have their recommendations for the TDA Board to consider by February 2010.
On Saturday, August 22, the fourth meeting of the TDA Board was convened to look at the TDA 2014 strategic plan. Under the leadership of Dr. Johnny Cailleteau, chair of the Future Focus Committee, the board and council and committee chairs worked on metrics and action plans for the coming year. This document will indeed help guide the Association for years to come.
Finally, the American Dental Association annual session is scheduled for October 2–6, 2009 in Honolulu. While the focus in our TDA Today is on important happenings in Texas, I am sure there will be items of interest to report on once the ADA annual session has concluded. I look forward to visiting with each of you as I travel around the state and as always my goal is to help keep you informed and In the Loop.
In The Loop
Matthew B. Roberts, DDS, TDA President 2009-2010
Systematic reviews of dental topics have been prepared by the Cochrane Collaboration and can be accessed by searching for “The Cochrane Library.” Look for the “review group” option and select the oral health group. Protocols are listed that describe evaluations that are in progress. Reviews are listed that provide abstracts of completed reviews Many interesting abstracts are posted and are available at no cost. The following information was taken from the “Cochrane Collaboration” website to introduce Texas dentists to this resource.
About CochraneThe Cochrane Library is a collection of databases that contain high-quality, independent evidence to inform healthcare decision-making. Cochrane reviews represent the highest level of evidence on which to base clinical treatment decisions. In addition to Cochrane reviews, The Cochrane Library provides other sources of reliable information, from other systematic review abstracts, technology assessments, economic evaluations and individual clinical trials — all the current evidence in one single environment.
The Cochrane CollaborationThe Cochrane Collaboration is an international not-for-profit organization, providing up-to-date information about the effects of health care. Our vision is that healthcare decision-making around the world will be informed by high-quality, timely research evidence, and that we will play a pivotal role in the production and dissemination of this evidence across all areas of health care.
Cochrane GroupsThe Cochrane Collaboration assesses most areas of health care. To do this, it is divided into Cochrane Groups: Cochrane Review Groups, each of which concentrates on a specific healthcare area; Fields that draw together healthcare issues impacting on many review groups; a Consumer Network, that represents the interests of healthcare consumers; Methods Groups develop methodological techniques; Centres with geographic and linguistic responsibilities; and a Steering Group, which provides the policy- and decision-making body of the Collaboration, and this, in turn, is supported by the Secretariat.
Information on the topics that these groups cover, their methods, policies and authors, editors and more is updated regularly.”
Tip of the Month
Stephen R. Matteson, DDS, Editor
New HIPPA Breach Notification Requirements
Dentists understand the importance of protecting a patient’s confidentiality. Keeping current on privacy requirements under state and federal law can help dentists and the dental team protect their patients. Compliance can also help protect the dental practice from the legal and reputational harm that can result from an improper disclosure or use of a patient’s health information.
Dental practices that are Health Insurance Portability and Accountability Act (HIPPA) Covered Entities must implement policies and procedures to comply with the new federal Breach Notificatin Rule by September 23, 2009. Covered dental practices should implement policies and procedures to comply with the Rules by the deadline.
The Rule details, among other things, whom a HIPAA Covered Entity must notify in the event of a “breach” of a patient’s unsecured protected health information (PHI) — that is, if a patient’s unsecured PHI is acquired, accessed, used, or disclosed in an unauthorized way.
Secured PHI is PHI that has been rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of one or more of the methods specified in the Breach Notification Rule. All PHI that is not secured by one of these methods is considered unsecured.
The best time to start compliance is now. Implementing the necessary policies and procedures along with workforce training will prepare your dental office to comply with the law in the event of a breach.
The American Dental Association has prepared resources for dentists in complying with the Breach Notification requirements. These include a Breach Notification Decision Tree, a glossary of terms, and a detailed Guidance document with answers to frequently asked questions. These resources are free of cost to all members, but an ADA.org user ID and password are required to access them. If you are a member and need a User ID and Password, call the member service center at (800) 621-8099 for assistance.
FYI: NLRB UpdateThe National Labor Relations Board (NLRB) rendered a decision in favor of two former employees and against the Texas Dental Association (TDA) in July 2009. Payment of back pay and reinstatement was ordered. The TDA strongly disagrees with the decision, and is filing a motion for rehearing and an appeal to the Fifth Circuit Court of Appeals.
Dentists Who Care Dental Conference
A total of 350 people attended the 13th Annual Dentists Who Care Charity Dental Conference on August 14 - 15, 2009, at the Isla Grand Beach Resort in South Padre Island, Texas. The conference offered nationally recognized speakers for continuing education, including Dr. Nels Ewoldsen and Dr. Brad Guyton. Dental suppliers Dentsply and Coltene Whaledent were among those exhibiting at the conference.
TDA president Dr. Matt Roberts and TDA president-elect Dr. Ron Rhea addressed the conference. Other guest speakers represented the Texas Academy of General Dentistry, and the Rio Grande Valley District Dental Society.
A VIP Reception was held on August 13 at Drs. Jim Foster and Beth Vance’s beach house. Dr. Grayson and Mrs. Cynthia Sellers organized a very successful Silent Auction to raise funds for continued maintenance of the Dentists Who Care mobile dental unit.
Dentists Who Care pledge to continue help to the indigent children of the Rio Grande Valley. Sincere thanks are extended to all who attended and participated at the conference.
Meet Your New TDA Staff
Donna Cortez joins the TDA as the Executive Affairs Manager. She brings over 11 years of non-profit association experience to her position. She previously worked for the Texas State Teachers Association, the TDA as the Membership Coordinator and for the Art Museum of South Texas. Her main duties will be to assist the Executive Director, provide staff support to the House of Delegates, the Board of Directors and the Texas Delegation to the ADA. Donna is the proud mother of three sons and is excited about the opportunity to return to Austin and to once again be a part of the TDA team.
Melinda Biggs brings over 10 years of non-profit event coordination and development experience to the TDASF. She holds a Master’s degree in Non-Profit Management and most recently spent time supporting the Texas Hearing and Service Dogs as their Development Specialist. She lives with her 4 dogs in Pflugerville and continues to be an active volunteer in the animal welfare arena.
Kennetta Williams-Spencer also brings a wealth of non-profit experience to the TDASF, with professional experience including serving as the Executive Director of Texas Paralyzed Veterans of America and as the Director of Fundraising and Public Relations for the Advocacy Council for Children. Kennetta and her husband James are licensed foster parents, and she holds a Master’s in Business Administration in Finance and E-Business.
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NEW!
SEPTEMBER 2009 VOLUME 10, ISSUE 9 AVAILABLE ONLINE AT TDA.ORG
EDITORIAL STAFFDr. Stephen R. Matteson, D.D.S., Editor
Edwina J. Shires, Director of PublicationsNicole Scott, Publications Coordinator
Barbara S. Donovan, Art Director
BOARD OF DIRECTORSMatthew B. Roberts, D.D.S., President
Ronald L. Rhea, D.D.S., President-ElectHilton Israelson, D.D.S., Immediate Past President
Vice PresidentsCraig S. Armstrong, D.D.S., Southeast
Johnny G. Cailleteau, D.D.S., Southwest J. Brad Loeffelholz, D.D.S., Northwest Arlet R. Dunsworth, D.D.S., Northeast
Senior DirectorsR. Lee Clitheroe, D.D.S., Southeast
John W. Baucum III, D.D.S., Southwest Kathleen Nichols, D.D.S., Northwest Donna G. Miller, D.D.S., Northeast
DirectorsKaren E. Frazer, D.D.S., SoutheastLisa B. Masters, D.D.S., Southwest
Robert E. Wiggins, D.D.S., Northwest Larry D. Herwig, D.D.S., Northeast
J. Preston Coleman, D.D.S., Secretary-TreasurerGlen D. Hall, D.D.S., Speaker of the HouseMichael L. Stuart, D.D.S., Parliamentarian
Stephen R. Matteson, D.D.S., EditorMary Kay Linn, Executive DirectorWilliam H. Bingham, Legal Counsel
TDA Today (USPS 022-007) is published monthly except for December by the Texas Dental Association, 1946 S. IH-35, Ste 400, Austin, Texas 78704-3698, (512) 443-3675. Periodicals Postage Paid at Austin, Texas and at additional mailing offices.POSTMASTER: Send address changes to TDA TODAY, 1946 S. IH-35, Ste 400, Austin, TX 78704-3698.Annual subscriptions: Texas Dental Association (TDA) members, $5. In-state American Dental Association (ADA) affiliated, $15 + tax. Out-of-state ADA affiliated, $15. In-state non-ADA affiliated, $30 + tax. Out-of-state non-ADA affiliated, $30.Single issue price: TDA members $1. In-state ADA affiliated, $3 + tax. Out-of-state ADA affili-ated, $3. In-state non-ADA affiliated, $6 + tax. Out-of-state non-ADA affiliated, $6.Contributions: Manuscripts and news items of interest to the membership of the Associa-tion are solicited. Manuscripts should be typewritten, double spaced, and the original copy should be submitted. Please refer to Instructions for Contributors in the annual September Directory of the Texas Dental Journal for more information. Every effort will be made to return unused manuscripts if a request is made but no responsibility can be accepted for failure to do so. Anonymous communications will receive no consideration whatsoever. All statements of opinion and of supposed facts are published on authority of the writer under whose name they appear and are not to be regarded as the views of the Texas Dental Association, unless such statements have been adopted by the Association. Articles are accepted with the understanding that they have not been published previously. The Information for Contributors is available at tda.org.
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TSBDE Rule UpdateThis recurring section is designed to help TDA members keep up with important Texas State Board of Dental Examiners (TSBDE) rules, other regulations, and state law affecting their practices.
Question: What is the Annual Occupational Safety and Health Administration (OSHA) Training Requirement?
Answer: Employers must offer training on initial assignment, then at least annually. In addition, laboratory and production facility workers must receive specialized initial training.
A full text on OSHA’s Bloodborne Pathogens standard, published in the Title 29 of the Code of Federal Regulations 1910.1030, details what employers must do to protect their workers who put themselves at reasonable risk of coming into contact with blood and other potentially infectious materials.
To review “Medical & Dental Offices — Guide to Compliance with OSHA Standards” (OSHA 3187-09R 2003) published by OSHA go to http://www.osha.gov/Publications/OSHA3187/osha3187.html.
To review an “OSHA Fact Sheet on Bloodborne Pathogens” go to http://www.osha.gov/OshDoc/data_BloodborneFacts/bbfact01.pdf. For more information contact Diane Rhodes at (512) 443-3675 or [email protected].
Changes at TSBDE: Governor Appoints New Presiding Officer and Board Member Governor Rick Perry announced the appointment of Dr. William L. Purifoy, a periodontist from Fort Worth, as Presiding Officer of the Texas State Board of Dental Examiners (TSBDE). Dr. Purifoy, a longtime member of the Texas Dental Association, received his dental degree from the Baylor College of Dentistry and a Master’s Degree and Certificate in Periodontics from the Indiana University School of Dentistry.
Dr. Purifoy has served on the TSBDE since 2003 and previously held the post of Board Secretary. As Presiding Officer, Dr. Purifoy replaces Dr. Gary W. McDonald of Houston, whose term expired.
Governor Perry also appointed Dr. James W. Chancellor, a general dentist from San Antonio, to the TSBDE for a term to expire in February 1, 2015. Dr. Chancellor, also a longtime member of the Texas Dental Association, received his dental degree from the University of Texas Dental Branch at Houston.
Additionally, Dr. Tamela Lynn Gough, a pediatric dentist from Allen, was elected Board Secretary during the August 2009 TSBDE meeting. As Board Secretary, she oversees the Board’s enforcement efforts and chairs its Enforcement Committee.
