Analysis of legal obligations of the dentist working as independent professional

Analysis of legal obligations of the dentist working as independent professional

Vol. 13 – Number 49 – 2020 Original Article Page 96-100 Analysis of legal obligations of the dentist working as independent professional Ivan Toshio Maruo¹ Abstract The aim of this study was to analyze the legal obligations of a dentist working as an independent professional. Different legislations related to the possible types of Dentistry work in Brazil were raised, those related to the dentist who works independently, not subordinated to other professionals, and not constituting a company were selected. It was concluded that as an independent professional, the dentist must: 1) Be enrolled in the Dental Council; meet the requirements of health surveillance; obtain a license for Location and Operation and pay the Tax on Services to the City Hall of the city where he/she will work; and to carry out the National Register of Health Establishments (CNES), established by the Ministry of Health; 2) To respect his/her obligations as an employer of Oral Health Technicians, Oral Health Assistants and dentists who provide services of a non-eventual nature, under his/her dependence and by means of payment of salary, as required in the Federal Constitution, in Consolidation Labor Laws, Collective Bargaining Agreements and Collective Labor Agreements; 3) To know which procedures can be delegated to the Oral Health Technician and the Oral Health Assistant; 4) Issue Independent Worker Payment Receipt to other dentists who perform specific short-term functions in their offices; and 5) Indemnify patients, if it is established by means of an expertise evaluation in a lawsuit that the dentist had caused them harm, by voluntary act or omission, negligence or recklessness, working individually or in multidisciplinary cases with other professionals. Descriptors: Job market, professional autonomy, legal liability. ¹ Private Practice, Private Practice – Curitiba – Paraná – Brazil.

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