GDA Action April May 2020

April/May 2020 • 9 Q: What are a dentist’s obligations to report cases of suspected child abuse, and what is the process for doing so? Georgia law requires dentists with a “reasonable cause to believe that suspected child abuse has occurred” to report such abuse immediately, but no later than 24 hours “from the time there is reasonable cause to believe that suspected child abuse has occurred.” 1 The definition of “child abuse” is as follows: “(4) Child abuse means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Endangering a child; (D) Sexual abuse of a child; or (E) Sexual exploitation of a child. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an abused child.” 2 Reports should be made to the Georgia Division of Family and Child Services (“DFCS”) for further investigation: Contact DFCS for Mandated Reporting: https://dfcs.georgia.gov/services/child-abuse-neglect Primary: 1-855-CHILD (+1 855.422.4453) Fax: 229.317.9663 Email: [email protected] In addition to the dentist keeping mindful of her/his legal obligations to report child abuse, training staff to notify the dentist regarding any statements made by the patient or any issues they see first-hand while treating the patient are just as important. Such observations and discussions should be properly documented as well. To assist providers, DFCS provides opportunities for in-person training, which can be requested here: Prevent Child Abuse of GA also offers in-person training. For in-person training, please contact Julia Neighbors at [email protected] . For more information about these reporting requirements, please visit: https://oca.georgia.gov/training/mandated- reporting. Accordingly, all suspected violations should be reported to that prescriber’s professional licensing board. For Georgia licensed dentists, the Georgia Board of Dentistry has an online portal for submitting complaints, not only for violations of the opioid prescriber rules, but also for any violations of the Georgia Dental Practice Act and Board of Dentistry rules and policies. The link is: https://gbd. georgia.gov/georgia-professional-licensure-complaint- form. Complaints can also be submitted via mail to Georgia Board of Dentistry, 2 Peachtree St, NW, 6th Floor, Atlanta, GA 30303, Attn: Tanja Battle, Executive Director , or via phone at 404.651.8000. With respect to physicians and physicians’ assistants, the Georgia Composite Medical Board has a similar portal, which can be found here: https://medicalboard.georgia. gov/consumers/file-complaint. For a more comprehensive overview of the opioid prescriber requirements, the Georgia Department of Public Health maintains a very information FAQ, which can be found here: https://dph.georgia.gov/pdmp. 1. See O.C.G.A. § 19-7-5 (2020). 2. Id. THE FOREGOING IS NOT INTENDED TO BE LEGAL ADVICE AND IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE MAKE SURE YOU CONSULTWITH A GEORGIA LICENSED ATTORNEY BEFORE PROCEEDINGWITH ANY COURSE OF ACTION.