Problem: PRACTICING OUTSIDE THE SCOPE OF PRACTICE

Practicing outside one's scope of practice involves both ethical and legal issues. For example, plaintiff Brown, in Brown v. Belinfante, 5 sued a dentist for performing several elective cosmetic procedures, including a facelift, eyelid revision, and facial laser resurfacing. The dentist was not a physician. He was licensed to practice dentistry in Georgia. Brown claims that after the cosmetic procedures, she could not close her eyes completely, developed chronic bilateral eye infections, and required remedial corrective surgery. Brown alleged that the dentist's performance of the cosmetic procedures constituted negligence because he exceeded the scope of the practice of dentistry. The primary purposes of the Georgia Dental Act are to define and regulate the practice of dentistry. The statute limits the scope of the practice of dentistry. Such limitation protects the health and welfare of patients who submit themselves to the care of dentists by guarding against injuries caused by inadequate care or by unauthorized individuals. Brown falls within that class of persons the statute was intended to protect, and the harm complained of was of the type the statute was intended to guard against. In performing the elective cosmetic procedures, the dentist violated the Dental Practice Act by exceeding the statutory limits of the scope of dentistry.

Ethical and Legal Issues

1. Describe the ethical issues presented here.

2. Describe the legal issues in this case.