Comprehensive Legal Policy for Dr. Richard H. Baldwin, DDS

Website:www.hbdentist.com
Effective Date: May 1, 2025

1. Terms & Conditions

1.1 Acceptance of Terms

By using www.hbdentist.com, you agree to be bound by the following terms and conditions. If you do not agree to these terms, please discontinue use of this site immediately.

1.2 Medical Disclaimer

This website provides general dental and health-related information. It is not intended to substitute for professional dental advice, diagnosis, or treatment. A doctor-patient relationship is only established following a clinical evaluation and signed consent in person.

1.3 Appointments, Cancellations, and Payments

• All appointments must be confirmed either through the website or directly via phone

• We request a 24-hour notice for cancellations; missed appointments may incur a fee

• Payment is due at the time of service unless previously arranged

• Patients are responsible for verifying insurance coverage and will be liable for any uncovered costs

1.4 Insurance and Pricing Transparency

Dr. Richard H. Baldwin accepts most major insurance plans. However, patients are encouraged to confirm coverage directly with their provider. Any non-covered services or fees are the patient's responsibility.

1.5 Emergency Care Disclaimer

This website is not designed for emergency situations. If you are experiencing a dental emergency (severe pain, swelling, or trauma), call 911 or visit your nearest emergency room.

1.6 Limitation of Liability

To the extent permitted by California law, Dr. Baldwin disclaims any liability for damages arising out of or in connection with the use of this website or reliance on its content.

1.7 Telehealth Disclosure

If virtual consultations are offered, patients acknowledge the limitations of telehealth. All diagnoses are preliminary and must be confirmed through an in-person clinical visit.

1.8 Children's Services

Dental treatment for minors requires the signed consent of a parent or legal guardian, except in emergency cases permitted under California law.

1.9 Intellectual Property

All content, trademarks, images, and text are the property of Dr. Richard H. Baldwin or licensed affiliates. Unauthorized use is strictly prohibited.

1.10 Governing Law

This agreement is governed by the laws of the State of California. All disputes shall be handled in courts located in Orange County, California.

2. Informed Consent Procedures

2.1 General Treatment Consent

All patients must provide written informed consent before any dental procedure. This includes understanding of:

• Nature and purpose of the proposed treatment

• Risks, benefits, and alternatives

• Consequences of no treatment

• Post-treatment care requirements

• Financial obligations

2.2 Specific Treatment Protocols

2.2.1 Surgical Procedures (Extractions, Implants, Oral Surgery)

• Detailed pre-operative instructions

• Risk disclosure including nerve damage, sinus complications, dry socket

• Post-operative care protocols

• Emergency contact procedures

• Sedation risks and alternatives

2.2.2 Endodontic Treatment (Root Canals)

• Success rates and limitations

• Alternative treatments (extraction, no treatment)

• Potential complications (instrument separation, perforation)

• Need for subsequent restoration

2.2.3 Restorative Procedures (Crowns, Bridges, Fillings)

• Material options and longevity expectations

• Preparation requirements

• Sensitivity and aesthetic considerations

• Maintenance requirements

2.2.4 Orthodontic and Cosmetic Procedures

• Treatment duration and compliance requirements

• Aesthetic limitations and realistic expectations

• Maintenance and retention protocols

• Alternative treatment options

2.3 Consent Documentation

All informed consent discussions must be documented in the patient record, including date, time, participants, and patient questions addressed.

3. Opioid Prescribing and Pain Management Policy

3.1 California Opioid Prescribing Compliance

In accordance with California Health and Safety Code Section 11159.2 and CDC guidelines:

3.2 Prescribing Protocols

• Opioids prescribed only when clinically appropriate

• Lowest effective dose for shortest duration necessary

• Initial prescriptions limited to 7-day supply for acute pain

• Patient education on risks, proper use, and disposal

• Documentation of medical necessity in patient records

3.3 Patient Screening and Monitoring

• Assessment of patient pain levels and medical history

• Review of Controlled Substance Utilization Review and Evaluation System (CURES) database

• Identification of high-risk patients

• Alternative pain management options prioritized

3.4 Documentation Requirements

• Indication for opioid therapy

• Treatment goals and expected outcomes

• Informed consent discussion

• Periodic reassessment and monitoring

• Disposal instructions provided

3.5 Emergency Prescribing

Emergency opioid prescriptions require documentation of:

• Clinical emergency necessitating opioid use

• Attempts at alternative pain management

• Patient counseling on risks and proper use

4. Social Media and Online Review Policy

4.1 Patient Confidentiality on Social Media

• No patient information may be shared on social media platforms

• Staff prohibited from discussing patients on personal social media accounts

• All social media posts must comply with HIPAA privacy requirements

4.2 Practice Social Media Guidelines

• All posts must be professional and educational

• No specific patient cases or identifiable information

• Before/after photos require explicit written consent

• Staff social media training required annually

4.3 Online Review Response Protocol

• Monitor online reviews on Google, Yelp, and healthcare-specific platforms

• Responses must not reveal any patient information

• Professional, courteous responses to negative reviews

• Invitation for private discussion to resolve concerns

• Documentation of review responses in compliance files

4.4 Patient Testimonial Guidelines

• Written consent required for all testimonials

• Consent withdrawal process clearly explained

• No incentives offered for positive reviews

• Testimonials must be authentic and unedited

5. Records Retention and Management

5.1 Adult Patient Records

• Active patient records: Maintained indefinitely while patient remains active

• Inactive adult records: Retained for minimum of 7 years from last treatment date

• Digital records: Backed up daily with secure off-site storage

5.2 Minor Patient Records

• Retained until patient reaches age 25, or 7 years from last treatment, whichever is longer

• Orthodontic records: Retained for minimum of 10 years post-treatment completion

5.3 Specific Record Types

5.3.1 Radiographs

• Original radiographs: 7 years minimum

• Digital radiographs: Permanent retention with proper backup systems

• Bite-wing radiographs: 5 years minimum

5.3.2 Laboratory Prescriptions and Records

• Retained for 3 years minimum

• Include all laboratory communications and work authorizations

5.3.3 Prescription Records

• Maintained for 7 years (California requirement)

• Controlled substance prescriptions: 7 years minimum

• Include CURES database queries

5.4 Record Disposal

• Secure destruction of physical records (shredding)

• Proper deletion of digital records with certification

• Documentation of disposal dates and methods

• Patient notification of disposal when required

5.5 Record Transfer Procedures

• Patient authorization required for all transfers

• Complete copies provided within 15 days of request

• Reasonable copying fees may be charged

• Original records remain with practice

6. Staff Training and Compliance Procedures

6.1 Mandatory Training Programs

6.1.1 HIPAA Training

• Initial training within 30 days of employment

• Annual refresher training required

• Documentation of training completion

• Incident response procedures

6.1.2 OSHA Compliance Training

• Bloodborne pathogen training annually

• Hazard communication training

• Personal protective equipment protocols

• Emergency response procedures

6.1.3 California-Specific Requirements

• Dental Practice Act compliance training

• CCPA privacy requirements

• Opioid prescribing regulations awareness

• Child abuse reporting requirements

6.2 Compliance Monitoring

6.2.1 Internal Audits

• Monthly HIPAA compliance reviews

• Quarterly billing and coding audits

• Annual comprehensive policy review

• Documentation of all audit findings

6.2.2 Staff Accountability

• Signed acknowledgment of all policies

• Annual policy review and signature

• Disciplinary procedures for violations

• Reporting mechanisms for compliance concerns

6.3 Continuing Education Requirements

• All staff must maintain current CPR certification

• Clinical staff: minimum 20 hours CE annually

• Administrative staff: 10 hours privacy/compliance training annually

• Documentation of all continuing education

6.4 Quality Assurance Program

• Patient satisfaction surveys

• Clinical outcome monitoring

• Infection control compliance checks

• Equipment maintenance and calibration schedules

7. Privacy Policy (CCPA & HIPAA-Compliant)

7.1 Personal Information Collected

We collect the following:

• Name, phone number, email address

• Date of birth, address

• Insurance and payment information

• Health history and dental records

• Technical data like browser type, IP address, and cookies

7.2 Use of Information

Your information is used to:

• Provide dental care and manage appointments

• Communicate with you about treatment and reminders

• Process payments and insurance claims

• Comply with legal and regulatory obligations

• Improve website performance

7.3 Sharing of Information

We do not sell your personal information. Limited data may be shared with:

• Third-party service providers (e.g., payment processors, appointment systems)

• Insurance companies

• Regulatory or legal authorities as required

7.4 HIPAA Notice of Privacy Practices

In accordance with HIPAA and CMIA:

• Patients have the right to access, amend, or request deletion of their medical records

• A separate HIPAA Notice is available in-office and by request

7.5 Data Security

We implement industry-standard security measures and follow HIPAA-compliant protocols to protect your information.

7.6 Children's Privacy

We do not knowingly collect information from children under 13 without parental consent.

7.7 Data Breach Notification

If a data breach occurs involving your information, you will be notified as required by California Civil Code §1798.82.

7.8 Your CCPA Rights

You may:

• Request access to your personal data

• Request deletion of your data

• Opt-out of data selling (we do not sell personal data)

Contact us at [email protected] or 714-536-2571 to exercise your rights.

8. Cookie Policy

8.1 Use of Cookies

Our website uses cookies to:

• Maintain session data

• Track website performance

• Understand user preferences

8.2 Types of Cookies Used

• Strictly Necessary Cookies: Essential for core website functionality

• Performance Cookies: Collect anonymous usage data

• Functionality Cookies: Remember user preferences

8.3 Third-Party Tools

We may use Google Analytics or Meta Pixel. These services may use cookies. Review their privacy policies for more information.

8.4 Managing Cookies

You can disable cookies through your browser settings. Note that some site features may not function properly.

9. Accessibility Statement

We are committed to digital accessibility. If you experience difficulty accessing any part of our website, please contact us at [email protected] for assistance.

10. Media and Testimonials Consent

All patient images and testimonials are used with explicit written consent. Patients have the right to withdraw this consent at any time by contacting our office.

11. Consent & Acknowledgment

By using our website or submitting any forms, you agree to:

• Our Terms and Conditions

• Our Privacy and HIPAA Policy

• Our Cookie Policy

• Our Informed Consent Procedures

• Our Records Retention Policy

☐ I acknowledge and agree to the terms listed above.

Contact Information

Dr. Richard H. Baldwin, DDS
Website: www.hbdentist.com
Address: 8951 Atlanta Ave, Huntington Beach, CA 92646
Phone: 714-536-2571
Email: [email protected]

This document is reviewed and updated annually or as required by changes in applicable law. Last updated: May 1, 2025