Alert

A number of inquiries have been raised by dental health care personnel regarding their obligation to return to work and perform their respective services. In a Notice to Dental Professionals dated April 15, 2020, the New Jersey State Board of Dentistry clearly stated that as long as Executive Order No. 109 remains in effect, dentists are not permitted to resume “elective” surgeries and invasive procedures for adult patients. In the Executive Order, an “elective” surgery or invasive procedure is defined as one that can be delayed without undue risk to the current or future health of the patient as determined by the patient’s treating physician or dentist. (Emphasis added). In other words, under the circumstances presented, the Governor and the State Board have left the decision to treat or to delay treatment entirely up to the judgment of the treating dentist. Since dentists are the only members of the dental team who can make diagnostic decisions, if the treating dentist determines based on his or her clinical judgment that treatment is warranted, under Executive Order 109, auxiliary personnel are clearly permitted to perform their assigned duties.