The Explorer Winter 2018 Explorer_Fall_2018 | Page 15

Copyright ©American Dental Association. All rights reserved.
The ADA News (8/28, Burger) reports that on July 27, Katy
Ho, PhD, Vice President of Academic Affairs at Portland
Community College, announced the closure of the school’s
dental laboratory technology program, citing budget
constraints and the program’s high cost, among other reasons.
With the closure, the US has only 13 CODA-accredited
dental laboratory technology programs. In 1992, there were
56. “The ADA Council on Dental Practice is very invested in
issues relating to all dental personnel, including dental lab
technicians,” said Dr. Craig Ratner, Chair of the Council.
“The closure of this program in Oregon is especially
newsworthy and dentists need to be aware that there are
significantly fewer programs to train dental lab technicians and
this can impact both our patients and our practices.” The article
reports that “the Oregon Association of Dental Laboratories,
with support from the National Association of Dental
Laboratories, has asked Portland Community College to
reconsider its decision.”
For more information on the National Association of Dental
Laboratories, visit NADL.org 䡲
LABOR LAW
By David Leporiere, HR Adviser
Reprinted with permission from CalChamber
“One of my employees asked to have his work station
modified to accommodate a disability of which we were
not aware. When we asked him to provide medical
certification of the disability, the employee brought us a
note from his acupuncturist. I thought the certification
had to come from a medical doctor. Do we have to accept
the note from his acupuncturist?”
Yes, a medical certification from an acupuncturist is acceptable
under the California Fair Employment and Housing Act
(FEHA). Employees in California are protected from
discrimination related to their disabilities under the terms of
the FEHA. In addition, the FEHA provides disabled employees
with protections similar to those provided by the federal
Americans with Disabilities Act.
CERTIFYING DISABILITY
The regulations implementing the FEHA allow an employer to
require an employee with a disability that is not readily
identifiable to provide medical certification of the disability
Los Angeles Dental Society Explorer
from a “health care provider” before beginning the interactive
process of determining the reasonable accommodation of that
disability. The term “health care provider” is defined at Title 2,
Section 11065(i) of the California Code of Regulations.
MANY HEALTH CARE SERVICES
The definition of “health care provider” set forth in that code
section includes not only a medical doctor, but also a marriage
and family therapist or acupuncturist, licensed in California or
in another state or country. Also included are any other persons
who meet the definition of “others capable of providing health
care services” under the federal Family Medical Leave Act and
its implementing regulations.
These other health care providers include podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, nurse
practitioners, nurse midwives, clinical social workers and
physician assistants. So, be careful not to dismiss notes from
nontraditional health care providers when requiring your
employees to provide medical certification of their disabilities. 䡲