The membership structure of Councils and Standing Committees shall be composed of one (1) member nominated from each of the component associations and a chairman, all appointed by the President.
No committees or councils shall be permitted to hold meetings during the hours that the Board of Directors or the Bowden Conference is in session, except with the expressed consent of the President.
No committees or councils shall be permitted to hold meetings during the hours that the House of Delegates is in session, except by expressed consent of the Speaker of the House.
The designation of “council” shall be attached to those bodies established by the LDA House of Delegates whose continuance is considered essential to the association and whose duties, activities and responsibilities, may vary significantly from time to time as is necessary for them to address and recommend policy on various issues within their areas of jurisdiction and/or to implement policies of the Board or House of Delegates relating to issues within the scope of their jurisdiction.
The designation of standing “committee” shall be attached to those bodies established by the LDA House of Delegates whose continuance is considered essential to the association and whose duties do not vary significantly, but rather tend to regularly focus on carrying out the same essential function as opposed to addressing issues within a general area of concern as they may arise.
The councils and standing committees of the LDA shall be:
Council on Dental Benefits
Peer Review Committee
3. Council on Communications
4. Council on Membership and Dental Practice
5. Council on Dental Education
6. Distinguished Service Awards Committee
7. Council on Insurance
8. Council on Government Affairs
Dental Well-Being Advisory Committee
Council on the New Dentist
Council on LDA Sessions
All LDA Committees and Councils shall be comprised of a chairman and at least one (1) member representative of each component.
Councils and Committees of the Association shall not engage in any activities which in any way relate to the setting of fees.
Terms of members shall, unless otherwise provided, be one year and are to be appointed from the names submitted by each district director. Whenever possible, appointments to membership of committees should be made from those members serving as chairmen of corresponding district committees.
No LDA committee shall schedule a committee meeting concurrently with a scientific program sponsored by the LDA during its annual meeting.
No official body of the LDA, including the Board of Directors, shall meet concurrently with scientific sessions of any recognized Conference or study group in the same locale.
The Executive Committee of the LDA shall be exempt from the resolution passed by the House of Delegates which prohibits any committee or council of the LDA from holding an official meeting during the scientific meetings of any recognized dental organization. The Executive Committee will exercise this exemption only when the chairperson deems there is urgent need for this meeting.
COUNCIL ON DENTAL BENEFITS /
COMMITTEE ON PEER REVIEW
It shall be the duty of this council to:
Be responsible for the Statewide system of PEER REVIEW, and review and revise Peer Review Manual to maintain current status.
Serve as the Statewide PEER REVIEW Committee for all component associations appellate cases when referred for final disposition.
This Council will also create, collect and distribute information and materials to component-level committees to educate the public and members concerning managed care as it relates to dentistry. (HOD, 2005)
PEER REVIEW COMMITTEE
FOREWORD The LDA Manual on Peer Review Procedures has been adopted to be used in handling cases referred to the LDA for consideration. THIS MANUAL WILL SERVE AS THE ARBITRATION MECHANISM IN PEER REVIEW.
A "PEER" is defined as one who has equal standing with another. A peer review committee consists of licensed dentists of similar education and training in a geographic (component) area.
Component review committees have been established to review matters concerning, but not limited to, fees, appropriateness of care (utilization), and quality of care.
Decisions of the Peer Review Committees and of the Appeal Committee of the Louisiana Dental Association's Council on Dental Benefits Programs, as well as all information and communications developed in the course of their investigations or deliberations, are confidential to the extent allowed by law. Peer review decisions and related information shall not be disseminated among the general membership of the Louisiana Dental Association, its component associations or the general public. Disclosure of peer review decisions and related information within the Louisiana Dental Association shall be limited to the extent necessary to permit appeals and administration of the peer review system.
INTRODUCTION All matters concerning peer review will initially be the responsibility of the Louisiana Dental Association's Component Associations. It is most important that each Component Association be aware of its responsibility to be completely impartial in its deliberations on cases under review.
Peer Review has been established within the dental profession to assure quality dental care and to provide a voluntary means of resolving disputes about the appropriateness of dental services and charges in individual cases. It is the duty of members of peer review committees to investigate thoroughly and judge impartially all cases under review basing their conclusions on their own expertise, judgment and experience.
The Louisiana Dental Association, through its Peer Review Mechanism, may be called upon at anytime to mediate differences arising between a patient, the dentist, or an insurance carrier. Request for review may be initiated by a patient, an insurance carrier, or any dentist licensed to practice in Louisiana, by making a written request for review.
Participation in the peer review process is purely voluntary for all concerned, and the decisions of peer review bodies, whether originally or on appeal, are advisory only. The decisions of peer review bodies and the information gathered in the course of peer review investigations are confidential to the extent allowed by law and are not disclosed to the general membership of the Louisiana Dental Association, its component associations, or the general public.
COMPOSITION OF COMPONENT REVIEW COMMITTEE 1. A component review committee will consist of three dentists appointed by the Board of Governors of the Component Association. The three members appointed shall elect a chairman.
2. The members appointed shall be general practitioners engaged in private practice for no less than five years.
3. No elected officer of the Louisiana Dental Association or component association or member of the Louisiana Dental association Council on Dental Benefits Programs shall be members of a component review committee.
4. The component peer review committee should give consideration to the addition of a lay person to individual committees when the committee feels the presence of such person would aid reaching an equitable solution to a dispute. This person shall not be eligible to vote on technical questions. The selection of this person should meet the same basis qualifications needed for selection of professional people serving on the committee, less the technical requirements.
DISPUTES WITHIN THE SCOPE OF REVIEW
The following types of disputes may be reviewed by a PEER REVIEW COMMITTEE:
Disputes concerning pre-determination of dental services to be provided under insurance contracts or other prepayment dental plans.
B. Disputes concerning whether services for which a fee was charged were rendered.
C. Disputes concerning whether a fee charged was customary and reasonable.
D. Disputes concerning utilization of services or appropriateness of treatment.
E. Disputes concerning the quality of services rendered.
The PEER REVIEW COMMITTEE may not consider any dispute on which a lawsuit has been filed, and if suit is filed after peer review has been initiated, the review shall immediately terminate.
The PEER REVIEW COMMITTEE shall have no disciplinary powers over the participants in peer review. However, when a PEER REVIEW COMMITTEE determines that the health and welfare of a patient has been adversely affected by the professional conduct of a dentist, it may include in its decision a request that the Executive Director of the Louisiana Dental Association forward a copy of the peer review file in issue to the Louisiana State Board of Dentistry for review.
PROCEDURE FOR REVIEW
1. To institute a review one must file with the Executive Director of the Louisiana Dental Association at its office in Baton Rouge, a detailed written complaint and a filing fee of $10.00.
2. Upon receipt of a complaint the Executive Director will immediately refer the complaint to the Component Association in the area where the dental services were rendered or to be rendered.
3. The Board of Governors of the Component Association shall immediately refer the complaint to a Review Committee.
4. The Committee shall immediately mail a copy of the complaint to the party or parties about whom the complaint is made. The committee shall advise all concerned in writing that participation in peer review is voluntary and that if they participate, they have a right to appeal the decision of the Peer Review Committee to the LDA Council on Dental Benefits Programs. The Committee shall ascertain whether the parties involved wish to participate in the peer review process. If all parties wish to participate, the Committee shall advise the party against whom the complaint is filed that an investigation will be conducted by the Committee.
5. The Committee shall notify all parties to the dispute of the names of the persons appointed to the Review Committee. Any party to a dispute may challenge any member of the Review Committee upon a showing of good cause. Challenges shall be determined by the Review Committee. The member challenged shall not vote. In case of a tie vote, the member challenged shall not serve. Members so displaced from the committee shall be replaced by new appointment made by the Board of Governors of the Component Association.
6. The committee shall appoint one of its members to conduct a preliminary investigation. This member shall thoroughly review the complaint to determine if a bona fide dispute exists. When necessary, he shall contact all parties to the dispute and determine their positions. Under no circumstances will the preliminary investigation include a clinical examination of the patient. When the preliminary investigation is completed, the investigating member shall report to the committee in writing and shall attach to the report all documents and other pertinent materials gathered by him.
7. Upon receipt of the written report from the investigating member, the committee shall determine if a formal hearing is necessary. If it determines that a formal hearing is necessary, all parties to the dispute will be notified by certified mail at least ten days in advance of the hearing.
8. If a hearing is called, the committee shall determine that all necessary parties are present. Each party may submit such information and testimony that it wishes to have considered in support of its position.
9. If the committee decides that an examination of the patient is necessary, it shall notify all parties to the dispute of the date, time and place of the examination. Only when absolutely necessary, should post-operative radiographs be taken during the examinations. The patient's consent to the radiographs must be obtained.
10. If the committee desires or deems necessary the opinion of a specialist, a specialist Peer Review Board, or other dental consultants, in its investigation, it may call upon such specialist, specialist review board, or other dental consultant to investigate and receive their opinion. If a party to the dispute desired that the committee receive the opinion of a specialist, specialist review board, or other dental consultant, designated by the party, the committee shall also receive that opinion before rendering its judgment.
11. The Review Committee shall consider its decision in closed session. The members of the Committee shall base their decisions on the facts and circumstances of the particular case, using their own individual experience, training and judgment. In disputes concerning fees, the Committee shall not use fee schedules or relative value guides established by the LDA or any Component Association in arriving at its decision. A majority vote shall constitute the decision of the Committee. Upon reaching a decision, the committee shall render a written opinion. If the decision is not unanimous, a written minority opinion may be rendered by the dissenting member.
The decision of the committee should be specific and concise and should state the reasons and evidence on which it is based. Each decision shall state that it is purely advisory. If the committee determines that the patient's condition is or may be detrimental to his general health, it should promptly notify him of such belief.
13. The Review Committee shall forward its decision and the peer review file to the Executive Director of the Louisiana Dental Association immediately upon completion of its review. The Review Committee shall complete its review and render its decision with reasonable promptness.
14. The Executive Director shall immediately send a copy of the Review Committee's decision to all parties to the dispute. He shall further notify the parties of their right to appeal the Review Committee's decision to the Louisiana Dental Association's Council on Dental Benefits Programs.
GROUNDS FOR APPEAL
Any party to the dispute may appeal the Review Committee's decision to the Louisiana Dental Association's Council on Dental Benefits Programs on any of the following grounds:
l) proper procedure was not followed by the Review Committee,
2) information not available at the time of the Review Committee's decision has since been developed, or
3) the Review Committee's decision on its face is contrary to the evidence presented.
Appeals must be in writing to the Executive Director of the Louisiana Dental Association, and they must be mailed or delivered within thirty (30) days of the party's receipt of the Review Committee's decision. The Executive Director shall transmit the written appeal and the peer review file to the Council on Dental Benefits Programs.
PROCEDURE FOR APPEAL
1. Upon receipt of a written appeal from any party to the dispute, the Council on Dental Benefits Programs of the Louisiana Dental Association shall appoint a committee of three (3) of its members to act as an appeal committee. None of these committee members shall be from the same component association as the party being reviewed.
This committee shall investigate the case to determine that a fair review was made of the dispute by the component re-view committee and that an impartial decision was rendered.
2. If the Appeal Committee determines that a formal hearing should be conducted, then it shall notify the parties to the dispute by certified mail at least ten (l0) days in advance of the date, time and place of the hearing. Should the Committee determine that an examination of the patient is necessary, then it shall conduct that examination using the same procedure as outlined for the Component Review Committee.
3. When the Appeal Committee has completed its review, it shall meet in closed session and render its decision. A majority vote shall constitute the decision of the Committee. The members of the Committee shall base their decisions upon their own individual experience, training and judgment. In disputes over fees, the Appeal Committee shall not use fee schedules or relative value guides developed by the Association or any Component Association in arriving at its decision.
4. The decision of the Appeal Committee shall be in writing and shall state the reasons and the evidence on which it is based. The decision shall state that it is purely advisory. The Appeal Committee shall forward its decision, together with the peer review file, to the Executive Director of the Louisiana Dental Association, who shall immediately forward copies of the Committee's decision to all parties to the dispute.
COUNCIL ON COMMUNICATIONS It will be the duty of this Council to identify, review, recommend and implement programs to educate the public about oral health, including media relations programs, patient communications and materials for use in the dental office.
This Council will review worthwhile published articles pertaining to dental health as forwarded to them by the membership and will contact the authors and the publishers of these articles expressing the Louisiana Dental Association’s appreciation for their efforts.
The Council is charged with managing the LDA’s participation in the ADA Public Awareness Pilot Program as passed by the 1999 LDA House of Delegates with the assistance of the LDA Director of Communications & Public Affairs.
The Council will oversee the utilization of creative products provided by the ADA and Jordan Associates, and it will direct the LDA’s agency of record in the purchase of media time for the campaign and in the maintenance of an optimal number of gross ratings points statewide.
As directed by the LDA House, the Council will conduct a public awareness media campaign in the year 2000 that will utilize the creative products produced by the ADA and Jordan Associates, and depending upon actions of the ADA House of Delegates, it may or may not include research and consulting services paid for by the ADA.
This Council will further be charged with determining the appropriate assessment amount to be charged LDA members each year and with the handling of that assessment to fund the LDA’s participation in this program.
The Council will maintain liaison with national health organizations and the dental industry to promote cooperative oral health public education initiatives.
It will assist the editors of the LDA Journal and support component dental societies with their media and community relations programs and communications with members.
Finally, the Council will assist component dental society communications committees or appropriate staff with their media and communications programs.
COUNCIL ON MEMBERSHIP & DENTAL PRACTICE It shall be the duty of the Council on Membership and Dental Practice to work in conjunction with each component association to encourage eligible dentists from within the state to make application for membership.
The Association shall sponsor annually a "Membership Orientation Program" for the candidates for graduation in the LSU School of Dentistry, and furtherance of said policy, the Council on Membership and Dental Practice shall have the duty of arranging and conducting this annual program in coordination with the Dean of the School of Dentistry. The council will each year establish an appropriate "Orientation Team" to develop and conduct the program which shall be held during the last half of the senior dental students academic year.
The new members of the Association shall be provided with condensed material providing in concise form a comprehensive picture of Dental Organization at national, state, and local levels; and further that this kit shall be so designated as to motivate the new member to take an active part in his local society activities as to lend his support and participate in the programs of the local, state, and national dental organization.
It shall be the duty of this council to prepare and present fitting resolutions of condolences for presentation to the Association and for transmission to the families of those who have died during the year.
The Council on Membership and Dental Practice should have as a priority promoting membership and increasing involvement from younger dentists. All members, except the Chairman of the Council on Membership and Dental Practice, should meet the same criteria that exists for members of the American Dental Association Special Committee of Young Dentists.
The LDA shall provide information from the American Dental Association regarding professionalism and ethics to recent graduates.
Representatives on the Council on Membership and Dental Practice shall serve three-year terms, with an option to renew at the end of the term.
COUNCIL ON DENTAL EDUCATION It shall be the duty of this council to:
Monitor, review, update and ascertain the effectiveness of the state's mandatory Continuing Education program.
Maintain liaison with all institutions involved in the education of dentists and all dental auxiliaries and shall report to the Board of Directors all programs contemplated or developed in the area of Dental Education along with their recommendation.
Grant credits for continuing educational hours as recommended by the Council on Dental Education and approved by the Board of Directors
Act as a central registry of continuing education courses in Louisiana and furnish back a listing to all cooperating sponsors.
All sponsors shall be requested to register their intention as soon as possible via quarterly reports.
The Council on Dental Education shall have meetings with the appropriate members of the faculty of the L.S.U. School of Dentistry so that a liaison can be established between the Louisiana Dental Association and the dental school
Adopt an education program consisting of a CPR and office emergency continuing education program to implement training statewide with LDA support and reasonable funding, and the LDA shall continue to improve on the programs as the need arises.
ACCEPTABLE CONTINUING EDUCATION HOURS
a) Scientific sessions of the American Dental Association, constituent and component associations on the basis of hours physically attended, n.b., physical presence during the scientific session is required.
Academic continuing education courses on the basis of hours physically attended. (Academic continuing education is defined as scientific education courses, seminars, meetings, etc., sponsored by either a qualified teaching institution, hospital, or scientific organization recognized by the ADA or AMA).
c) Transcripts of "Health Information Systems" courses, or other comparable audio-visual tape programs. One hour for every two tapes. Validated by an accredited dental institution.
d) Other scientific courses approved by the LDA on the basis of hours physically attended, i.e., this would encompass courses sponsored by Study Clubs, and individual groups.
e) Papers, lectures, and table clinics at approved meetings on the basis of five (5) hours for each hourly presentation of a different subject matter.
f) Full-time faculty members of dental schools and accredited dental hygiene schools, shall receive ten (10) hours credit. Half-time faculty members of dental schools and accredited dental hygiene schools shall receive five (5) hours credit.
The Dental Manpower section of the manual was placed on INACTIVE STATUS March, 1996. The charge of the Council on Dental Education shall be:
1. Review all dental manpower needs including dentists and auxiliaries for Louisiana.
2. Plan a program for placement of new dentists and auxiliaries.
3. Make recommendations to the L.S.U. Dental School for the number of admissions in 1982 and work towards the implementations thereafter of these recommendations based on production and demand indices.
4. Study and monitor all duties of auxiliaries to assure the duties are compatible with dentist manpower needs in our state realizing that an increase of either has a direct relationship to production.
The Council shall continue a program of graphically indicating the distribution of dental manpower in Louisiana.
All requests for National Health Service Corps dentists, or for designation of dental manpower shortage areas, shall be referred to the Council for proper action. (1981)
The Executive Directors of the Health Systems Agencies, operating in Louisiana, shall be requested to provide to the Louisiana Dental Association immediate notice of any request of designation of shortage areas or for placement of National Health Service Corps dentists so that proper study of the area can be made before designation is recommended by the Health Systems Agency. (1981)
The Council shall pursue with the Board of Directors a system whereby manpower data could be collected annually with the renewal from issued by the La. State Board of Dentistry. The Council shall conduct a manpower survey on a bi-annual basis whenever practical. (1982)
In support of the LSU School of Dentistry's continuing efforts to demand excellence from their applicants for admission, it shall be the intent of the Louisiana Dental Association to help the LSU School of Dentistry in their budget request to the Louisiana Legislature.
The LDA shall act as a central registry of continuing education courses in Louisiana and furnish back to all cooperating sponsors a listing. All sponsors shall be requested to register their intentions as soon as possible via quarterly reports.
The LDA recommends that of the 20 hours of continuing education required, that 5 hours be allocated for basic life support training (provider course C) and that the date of certification be designated on the dues statement form.
The Louisiana Dental Association adopts as set out below an education program consisting of a CPR and office emergency continuing education program to implement training statewide with LDA support and reasonable funding and the LDA shall continue to improve on the programs as the need arises.
DISTINGUISHED SERVICE AWARD COMMITTEE At its April, 1987 meeting, the LDA House of Delegates voted to create a Distinguished Service Award to be given to a member of the Louisiana Dental Association who has dignified his or her life's work by giving his or her talents for the betterment of mankind. The purpose of the award is to encourage and foster the highest moral and ethical principles in the practice of dentistry, to further encourage other practicing dentists to emulate the highest ideals and finest ethics, to harbor a true regard for their fellow practitioners and to maintain an honest aim to serve their patients to the best of their abilities.
The recipient of this award should be a person who has practiced the dental profession and has been a good citizen through community and civic involvement and public service. The recipient also will be one who has always been available to help others in need regardless of compensation. He shall be a dentist who friends and neighbors call "Doctor" with the utmost respect because of his outstanding example of humanity. As a member of the LDA, this person shall have done more than simply attend meetings and attend a token amount of continuing education courses.
Requirements for the Distinguished Service Award:
1. A minimum of twenty-five years membership in organized dentistry.
2. The recipient must have conducted his or her life in an ethical manner during their entire dental career.
3. The recipient must have been active in professional and community service for most of his or her professional life.
4. The recipient cannot be a current LDA officer or a current member of the Distinguished Service Award Committee.
Composition of the Distinguished Service Award Committee The Distinguished Service Award Committee shall be composed of a representative from each of the nine component dental societies. These appointments shall be based on a three year rotational system after which the member has to be reappointed by his/her local component. The chairperson of the committee shall have served for two prior years. The committee members shall have been members of the LDA for at least ten years and not be a current LDA officer or council or committee chairman.
Duties and Responsibilities The Distinguished Service Award Committee shall be responsible for selecting Distinguished Service Award recipient(s) on an annual basis. In April of each year, the Committee shall advertise that nominations are being accepted for the subsequent years' honor.
The Nomination Process A nomination form soliciting nominations shall be published in Spring and Summer issues of The Journal of the Louisiana Dental Association. Additionally, a reminder notice shall accompany a general mailing to the membership, and a list of members in each component who are eligible for the award, as well as those eligible for the New Dentist award, shall be compiled and sent to each respective component’s president and DSA committee representative as well as the New Dentist committee representative. To be considered, all nomination forms must be received by the LDA central office on or before November 1st. Nominations may be made by any member of the Louisiana Dental Association but must be endorsed by the nominees’ local component. Nominations must provide complete written background information on the nominees’ professional and community service. The Distinguished Service Award Committee shall meet to select a recipient(s) from among the nominees (Note: the Council on the New Dentist shall also meet separately to select a recipient for the New Dentist Award). If, in the opinion of the committee, no nominations submitted meet the qualifications as specified above, then no award will be given during that year. The names of the recipients selected by the Distinguished Service Award Committee shall be reported to the LDA Board of Directors at their January Meeting.
(As amended by HOD 3/20/04)
The Selection Process Once an application has been submitted to the Distinguished Service Award Committee for consideration, the decision to consider the nomination shall be made by a vote of the committee held in conjunction with the LDA Board of Directors January Meeting. Since the selection process is greatly enhanced by the committee’s discussion, votes will only be counted for committee members or proxy present at the meeting. To be selected, each nominee must receive a majority number of votes plus one. (Simple majority means 50% plus one.) If none of the nominees receive the required number of votes, no award will be presented during that year. The Distinguished Service Award Committee can select no more than three recipients each year. If more than three nominees receive a majority, plus one vote, the three nominees with the highest number of votes will receive the award. If there are more than three tied, discussion shall follow and a second vote taken. After this vote, the three with the highest number of votes will be the recipients. If a tie still remains, this approach will be repeated until the desired number of recipients have been selected.
Nominees will be considered only for the period in which their nomination was submitted. If the nominator wishes the nominee to be reconsidered, a nomination form must be resubmitted for consideration in the subsequent year.
Notification of Recipients The Louisiana Dental Association is responsible for sending a letter to the recipients shortly after their selection extending an invitation to attend the LDA Annual Meeting for presentation of the Distinguished Service Award. Additionally, the recipient(s) will be asked to verify the information contained on their nomination form and to identify which newspaper press releases should be sent. The recipients will be asked to provide black and white photographs to accompany the news release. At the LDA House of Delegates Meeting, the recipient(s) shall be recognized publicly and presented with an appropriate wall plaque and lapel pin. Within one week of the awards presentation, the LDA shall be responsible for sending a news release to the recipient's local media, in accordance with the preference of the recipients(s).
COUNCIL ON INSURANCE It shall be the duty of this Council:
Appoint an insurance consultant, with the approval of the Board of Directors, to serve the Association as consultants and assistant in the study, consideration and recommendation of insurance proposals of interest to the membership and offering the benefits and advantages of group purchasing. The selected insurance consultant is to provide the insurance consulting services without financial obligation to the Association, it being expressly understood and agreed that the only recompense provided an insurance agent or broker is the writing of any group insurance coverage.
Any insurance proposal shall be channeled through the Council on Insurance prior to its submission to the LDA Board. The committee shall make its recommendations to the Board for further action by this Association.
The Council on Insurance shall complete an evaluation four months prior to the plan anniversary date ofthe LDA Group Insurance policies with other available insurance policies and report their findings to the Board of Directors of the Louisiana Dental Association. (HOD, 1994)
The monthly payments from Gilsbar, Inc. shall be designated as a dedicated interest-bearing account for Council on Insurance activities and approval of the Board of Directors shall be required in connection with all expenditures from that account.
Any rate increases pending before the Louisiana Insurance Rating Commission shall be reviewed by the Chairman of the Council on Insurance, the President, President-Elect, Executive Director, lobbyist and the president of each dental specialty organization that the rate change may affect before a position is taken.
The Louisiana Dental Association shall not send a representative before the Louisiana Insurance Rating Commission during public hearings, in support of a rate increase, and if the LDA believes that a rate increase is necessary in order to keep insurance in effect, it should make its desires known to the rating commission prior to the scheduled hearing on said increase.
The LDA Council on Insurance be consulted on all insurance matters, namely complaints about LDA sponsored insurance programs and information about competing LDA insurance programs. This material should be distributed to the members of the Council on Insurance so that an appropriate response or explanation can be formulated. All contacts with brokers, consultants, administrators or carriers and all matters and materials relative to LDA sponsored insurance programs must be distributed to the members of the Council on Insurance so that an appropriate response, action or explanation can be formulated by them.
Membership in the Louisiana Dental Association shall be a requirement for participation in all LDA endorsed insurance programs, including the professional liability insurance programs.
If it is not possible to prohibit non-members from participating, then, in that event, the Council on Membership Services shall require that non-members of the LDA pay the maximum allowable surcharge.
It would be most beneficial to the Louisiana Dental Association insurance plans for state officers and directors, local officers and staff members to support the endorsed insurance plans in a positive manner. Any matter relative to insurance issues must be channeled through the Council on Insurance. In particular, any proposals for plan design changes or changes to the rate structure of the Louisiana Dental Association sponsored insurance plans must be referred to, considered and reviewed by the Council on Insurance before action is taken by the Louisiana Dental Association Board of Directors of House of Delegates. The Council on Insurance shall periodically monitor the Louisiana Dental Association endorsed major medical insurance plan in relation to other comparably available plans and shall conduct timely studies as such need is indicated by the monitoring process. Results of the monitoring process, studies and recommendations therefrom shall be provided to the Board of Directors for further action. (HOD, 1994)
GOVERNMENT AFFAIRS The Council on Government Affairs of the Louisiana Dental Association shall be composed of a Chairman and a Vice-Chairman, who shall be a member of this Association and a representative from each Component Association, who shall serve as Chairman of the Council on Government Affairs of his respective district. The Chairman shall register the entire state council with the Council on Government Affairs of the American Dental Association so they may receive the latest direct information on national legislative problems which in many instances would assist in State problems.
The general duties of the Council Chairman and the District Association chairman shall be:
1. To protect and further the interest of the dental profession in all matters of state legislation and/or regulations. They may also collaborate with the American Dental Association's Government Affairs Chairman.
2. To promote such policies which call for legislative action as may be initiated and carried to the legislative point in other committees where such studies rightfully belong.
3. To oppose or attempt to modify any proposed state legislation which is in conflict with the existing policies of the State Association.
4. To take appropriate and prompt action in cases of extreme emergency pending State Association action.
5. This Council shall not institute State legislation without the specific authority of the Board of Directors of the Association.
The Louisiana Dental Association’s Council on Government Affairs Chairman shall:
1. Direct the function of the State Council and shall correlate and coordinate all legislative matters being processed to the legislature.
2. He shall further actively follow the progress of proposed legislation through the legislative committees and assemblies, and shall keep the President of the Association and any Component Chairman concerned advised of the status of any and all bills directly pertaining to or affecting dentistry.
3. And shall have authority to call for the direct assistance of the established dental contacts when or as needed for any given legislator.
Each Component representative shall:
1. As Chairman of his Component’s Council on Government Affairs, show an active and continuing interest in legislative affairs relating to the profession and in particular those legislative matters and problems arising within his district.
2. Establish, in cooperation with the Component President, a Component Council on Government Affairs with membership comprised of an adequate number of appointees to assume responsibility for legislative supervision over locally designated geographical areas within the District which will equalize distribution of legislators within said areas.
3. The establishment of means for direct contact with legislators through the dentist who cares for the dental needs of the legislator and/or his family, or through a dentist having close personal contact with the legislator.
4. Conduct on an annual basis within each component area, a Legislative Appreciation Banquet involving the contact dentists, area legislators, State Committee Chairman, The Executive Director, and when possible, the President of the State Association or the President-Elect.
5. The assumption of full responsibility for the initial handling of all dental legislation arising or emanating from their Component. This responsibility shall include the forwarding of proposed legislative matters, in cooperation with the Component Director, to the Board of Directors of the Louisiana Dental Association with appropriate recommendations.
The Louisiana Dental Association’s Board of Directors shall:
1. Receive and consider only properly channeled legislative recommendations and shall, upon deliberation, either approve or disapprove proposed legislation or refer any proposals for further study and final action to the State Association's Council on Government Affairs. Any referrals by the Board of Directors to the Council shall be accompanied with applicable Board recommendation.
2. Legislative recommendations approved by the Board of Directors shall be presented to the House of Delegates of the Association. Board and/or House of Delegates approved legislative recommendations will be forwarded to the State Council, which shall forward a legislative recommendation prepared as a formal bill for presentation to the legislature. Similarly, the State Council shall have referred Legislative matters prepared as a formal bill for presentation to the Legislature, provided the Council concludes such action deemed necessary and appropriate within the referred recommendations received from the Board of Directors and/or the House of Delegates.
Arrangements to introduce formally prepared proposed dental legislation into the Legislature shall be made only through the State Government Affairs Chairman.
The Council on Government Affairs shall retain the LDA lobbyist and the compensation shall be set within the limits of the budget of the Council on Government Affairs .
It shall be the duty of this council to encourage, develop, and maintain a satisfactory relationship between this organization and the various organizations and individuals representing the dental laboratories, technicians, and the supply and equipment industry. (1985).
The Louisiana Dental Association shall contact component association members on issues of major importance before a position stand is taken i.e., TMJ, State Board issues, dental assistants, expanded duties, etc.
The Louisiana Dental Association shall request the appointment of a representative from the AGD and each of the Louisiana Dental Specialty Organizations, whose specialties are recognized by the ADA, to the Louisiana Dental Association Council on Government Affairs to serve on a non-funded and non-voting basis.
The Council on Government Affairs shall interact with the Commissioner of Insurance and the staff of the Department of Insurance to represent the interests of the LDA relative to matters of mutual concern.
DENTAL WELL-BEING ADVISORY COMMITTEE GUIDELINES
An impaired dentist is defined as a dentist who is unable to practice dentistry with reasonable skill or safety to patients because of mental illness or deficiency; physical illness, including but not limited to deterioration through the aging process or loss of motor skills; and/or, excessive use or abuse of drugs, including alcohol. The impairment may be determined by his own admission, by an evaluation of his peers, or evaluation by properly certified professionals.
Relationship to Louisiana Dental Association
Establish the LDA Dental Well-Being Committee
Composition: ten (10) members.
One (1) chairperson - The chairperson shall be appointed by the President of the Louisiana Dental Association.
One (1) representative from each component association.
Selection of Dental Well-Being Committee Members
Members of the committee shall be appointed by Presidents of Component Associations. However, due to the nature of the Dental Well-Being Committee’s role, an emphasis shall be placed on the importance of continuity among members.
Although all consideration and respect shall be given by this committee to the Executive Committee of the LDA, in order to adhere to the confidentiality standards necessary for this committee, any business by and/or between this committee, the Louisiana State Board of Dentistry and the Louisiana Dental Association shall be conducted in executive session.
All information relative to investigations, evaluations, progress and treatment of impaired dentists shall only be communicated to and between the LDA Well-Being Committee, the pertinent local component association Well-Being committee, the LSBD and the State Board’s Executive Director.
The Dental Well-Being Committee shall submit an annual report to the Executive Committee of the LDA. Care will be taken not to violate the confidentiality of any individuals.
Any funds for support of this committee will be budgeted through the Louisiana Dental Associations.
Relationship to Local Component Associations
Each local component association shall have a Dental Well-Being Committee, including a chairperson for the component association.
It shall be the responsibility of each local component association committee to coordinate with the committee LDA Dental Well-Being representative for that component should the need be indicated. It should be noted that the Dental Well-Being chairperson should be informed of each intervention by the local component association chairperson. This, too, will be honored and treated as confidential information.
It shall be the responsibility of the LDA to assist with education of the membership of each local component association.
Relationship to Louisiana State Board of Dentistry
Acting as an agent of the Louisiana State Board of Dentistry, serving in a consultant and advisory capacity, state and component association committees will work very closely with the State Board in those instances whereby the State Board has prior knowledge of an impaired or potentially impaired dentist or when a licensee is in non-compliance as defined in Section 7 of the Memorandum of Understanding.
Identification, Verification and Intervention
Each local component association committee shall have the primary responsibility for the identification, verification and intervention process of a potential impairment problem.
The LDA Committee will involve itself in any identification, verification and intervention process which cannot be properly addressed by the local component committee.
All cases referred by the State Board shall be handled initially by the LDA committee and referred to the appropriate component committee when indicated.
If any licensee deemed impaired by the LDA or component refuses to submit to evaluation and/or treatment for impairment, within 7 days of any intervention, the LDA committee or the local component committee shall file a formal complaint with the State Board and provide substantiation for said complaint. At this point, the State Board shall take appropriate action.
It is the responsibility of the local component committee, in consultation with the LDA committee, to be familiar with intervention and referral techniques and to use appropriate resources. Treatment facilities, programs and treatment providers should meet criteria established by the respective LDA committee and the State Board Committee.
Re-entry and after-care follow-up shall be assigned at the level of each component association committee and reported to the LDA committee. An immediate report will be made to the State Board committee if the impaired dentist violates terms of his/her aftercare contract and/or the LDA committee has reason to believe his/her activities my indicate relapse.
Re-entry and after-care follow-up on a case referred to the LSBD committee shall be the responsibility of the State Board committee.
Responsibility of Dentist Well-Being Committee at State Level
It is recommended that the LDA committee hold annual or bi-annual seminars as continuing education for component committee chairpersons or representatives. It is recommended that topics focus on areas such as identification, verification, intervention, state guidelines, etc. which enhance the Dental Well-Being Committee’s efforts in assisting impaired dentists.
The LDA Dental Well-Being Committee is also responsible for the development of a program to inform and educate association members in the field of chemical dependency. The goal of the LDA committee is to foster an environment of voluntary reporting of impaired or potentially impaired dentists.
Responsibility of Dental Well-Being Committee at the Local Level.
The component association committee chairpersons or representatives are, in turn, responsible for keeping its members informed on chemical dependency issues.
Dental Well-Being Advisory Committee members (including component association chairpersons or representatives) should provide same to its membership.
It is understood that administration of the Dental Well-Being Advisory Committee should be managed by the LDA or a designated agent of the LDA approved by the Louisiana State Board of Dentistry.
It is understood that the LDA Executive Committee, with the communication of the LDA Dental Well-Being Committee, determine what part, if any, the association will underwrite in the treatment of a dentist.
Areas to consider include:
Type of insurance, if any;
If indigent, because of disease or not, association may grant loan or gift;
Allocate funds in a dues structure.
Upon the initiation of any process relative to the identification or confrontation state, each local component association committee should communicate to the LDA committee that such action has begun.
Upon the initiation of any process relative to the identification or confrontation stage, each local component committee should communicate to the LDA committee that each action has been completed.
The LDA committee shall keep a compilation of all ongoing actions, and shall provide annual reports to the LSBD committee.
Said reports shall contain the following:
The number of actions taken place during the preceding twelve (12) months;
The parish in which each action has taken place in the preceding twelve (12) months;
The type of impairment, i.e., physical or mental;
The cause of said impairment, i.e., alcohol, drugs, deterioration through aging process or other.
Note: The name of said licensee is not to be communicated to either the LDA committee from the Component Association committee or to the LSBD committee in these reports UNLESS the licensee is in non-compliance as defined in Section 7 of the Memorandum of Understanding.
COUNCIL ON LDA SESSIONS The Council on LDA Sessions will serve as a standing committee to be responsible for the planning and programming of the LDA Annual Session.
In addition to a representative from each component and a chairman, as is standard for the LDA standing committees, the council shall have two additional members to be appointed by the LDA president from among all members in good standing.
The council members shall each be assigned to one of three subcommittees at the prerogative of the chairperson such that each subcommittee shall have four members, with said subcommittees to be named the Programs Subcommittee, Entertainment Subcommittee and the Exhibits Subcommittee, and their specific areas of jurisdiction and responsibility to be consistent with those suggested by their names, subject to the direction of the chairperson.
(Added per HofD 2006)
The LDA Executive Committee shall be comprised of the LDA President, President-Elect, Secretary-Treasurer, immediate Past-President and one member of the LDA Board of Directors selected annually for a one-year term. The LDA President shall serve as chairperson of the Executive Committee. The at-large Board member shall be selected by random draw. No at-large member can be chosen who is of the same component as a serving officer, nor can the at-large member serve consecutive terms. This selection shall be a regular agenda item for the Board meeting held immediately following the annual session of the LDA House of Delegates.
(Revised March 1995)
(Re-revised 6812/00 Board of Directors Meeting) Approved 3-24-00
Oversee the operation and efficiency of the central office.
Develop long range plans for the association and annual goals and objectives subject to the approval of the Board of Directors and the House of Delegates.
The Executive Committee shall have the responsibility of retaining all legal counsels(s) that is (are) retained by the Louisiana Dental Association. (1980)
It shall be the duty of this committee to maintain authentic, complete and current records of the Articles of Incorporation and Bylaws of this Association; to suggest, author, or add amendments to the Articles of Incorporation and Bylaws, which are deemed necessary; and to bring such amendments to the attention of the Board of Directors; and to incorporate all approved amendments into current records. (1985)
The Executive Committee, acting as the Long Range Planning Committee, shall have the responsibility of establishing a format for long range planning for the LDA. The Immediate Past President shall chair the Long Range Planning Committee and Long Range Planning Sessions. The Executive Committee, the Board of Directors, all LDA committee and council chairpersons, the Past Presidents Advisory Council and other necessary consultants shall be invited to participate in the Long Range Planning Sessions. Long Range Planning Sessions shall be held annually. (HOD, 1995, 2007)
(Note: By consensus of the Board of Directors, Long Range Planning Sessions conducted in leap years shall be facilitated sessions intended to develop a new plan. Sessions conducted in other years shall be for the purpose of reviewing and revising, as needed, the current plan.)