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SGVDS-Summer NL '08-A - San Gabriel Valley Dental Society

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Ethics Committee<br />

by Roya Main, Judicial Council-CDA<br />

Carl Hillendahl, DDS, Ethics Committee Chair<br />

Gifts for Patients . . .<br />

What Is & Is Not Allowed!<br />

In all that you do to help grow your practice and build strong<br />

and lasting relationships with your patients, you may be<br />

considering providing your patients with gifts to thank them<br />

for their patronage. Before deciding what and to whom the gifts<br />

should be given, it is important to understand some of the limitations<br />

imposed by the <strong>Dental</strong> Board of California’s <strong>Dental</strong> Practice Act.<br />

As a provider, you are not prohibited from giving gifts to your<br />

patients and most of you probably routinely provide free<br />

toothbrushes, floss and other small tokens to your patients when<br />

they visit. Not only do these types<br />

of gifts encourage good oral<br />

health, but are surely very much<br />

appreciated by your patients.<br />

The types of gifts that are<br />

expressly prohibited by state law<br />

are those that are given to<br />

encourage, induce or reward<br />

referrals. Business and Professions<br />

Code section 650 states in part:<br />

“the offer, delivery,<br />

receipt, or acceptance by any<br />

person licensed under this division<br />

. . . of any rebate, refund,<br />

commission, preference, patronage dividend, discount, or other<br />

consideration, whether in the form of money or otherwise, as<br />

compensation or inducement for referring patients, clients, or<br />

customers to any person is . . . unlawful.”<br />

Reminder to <strong>SGVDS</strong> Members:<br />

Just a reminder that the <strong>SGVDS</strong> Emergency<br />

number is there mostly to provide emergency<br />

coverage for patients without a dentist of record in<br />

the area.<br />

The types of gifts that are<br />

expressly prohibited by state<br />

law are those that are given to<br />

encourage, induce or reward<br />

referrals.<br />

So, as a provider, not only are you prohibited from giving your<br />

patients or other providers gifts in exchange for referrals, but you<br />

are also not permitted to accept such a gift from a colleague. This<br />

includes anything of monetary value like gift certificates, flowers,<br />

a credit on a patient’s account or a discount toward future services.<br />

What about birthdays, holidays and other occasions when you may<br />

want to send your patients and colleagues a gift? A dentist may<br />

send gifts to patients and/or colleagues as long as the gifts are<br />

completely unrelated to patient referrals.<br />

Given these restrictions, how can<br />

an office thank a patient for<br />

referring a friend of family<br />

member? The first thing to keep<br />

in mind is that a patient will refer<br />

other patients to your office if they<br />

are happy with the quality of care<br />

they are receiving and feel well<br />

cared for by you and your office<br />

staff. Beyond providing great<br />

service, a handwritten thank you<br />

card or call to a patient to thank<br />

them for a referral will go a long<br />

way in showing your appreciation.<br />

For additional information on this or any other ethical issues, or<br />

for a hard copy of the CDA Code of Ethics, please contact<br />

Roya Main at (916) 554-4974.<br />

You are obligated to make arrangements to<br />

provide emergency coverage when you are on<br />

vacation or out of the office. Your answering<br />

device may list the numbers of those with whom<br />

you have previously arranged coverage, or your<br />

service may make the referral to those offices.<br />

<strong>SGVDS</strong> FILLING YOU IN<br />

SUMMER ’08<br />

7

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