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Board weighs digital alternatives and nonprofit carve‑outs for patient‑abandonment notices
Summary
Committee members discussed whether certified mail remains the only reliable proof of notification for patient-abandonment rules and asked staff to research secure electronic options and nonprofit carve‑outs to reduce cost barriers for clinics closing services.
Committee members at the Feb. 19 licensing meeting discussed rule 108.5 (patient abandonment) and the practical problems dental practices—particularly small nonprofits—face when required to send certified-mail notices to patients.
Chair and staff framed the issue: certified mail is a legal mechanism often relied on in enforcement, but it can fail (mail left unclaimed or not signed), and sending thousands of certified letters may be financially and logistically infeasible for nonprofits closing operations. Miss Nichols and Miss Jones described nonprofit clinics that must shut down dental services and struggle to reach transient patient populations.
Members debated whether secure email receipts or portal delivery could substitute for certified mail. Legal staff said certified mail remains the method relied on for service in enforcement cases but offered to research low-cost or free electronic options for committee consideration. Suggestions ranged from combining certified mail with email and posted notices to creating a targeted carve-out or guidance for nonprofits—while still requiring evidence of multiple good-faith attempts to notify patients.
Why it matters: The patient‑abandonment rule is designed to protect patients and ensure continuity of care; committee members want to balance that protection with feasible compliance options for underfunded clinics.
What’s next: Staff will research secure e‑delivery options, the legal sufficiency of receipts, and possible guidance or limited exceptions for nonprofit closures and return with recommendations at a future committee meeting.
