Dental Ethics & LawMr. Caputo

Unit #1 Lesson #7

Today’s ClassDriving Question: What are the ethical and legal

principles the dental team must follow?

Learning Intentions: We will be able to identify the basic principles of

ethics.We will be able to explain the American Dental

Association’s Code of Ethics.

Anchor: What are the 5 ethical principles in dentistry? Explain what each one is.

This lessonThis lesson focuses on the guidelines for dental

practice confidentiality, the federal HIPAA, and patient rights. Confidentiality as it relates to patient treatment and information has become one of the most important issues of today. The goals and guidelines for maintaining privacy are addressed, including the parts and functions of the HIPAA. There are specific guidelines for withdrawing from a patient case and maintaining a patient record, including making corrections on the chart.

Contracts Express contract

verbal or written words that are agreed upon in an established contract

Implied contractone that is implied based on patient’s actions

Click here for a question to consider

Question to ConsiderIf a patient comes to the dental office for the dentist to

treat a toothache and implies that he wants treatment right away, while the dentist is still working on another patient, what should the DA do in this situation?

Due CareDefined as what any

reasonable or prudent dental care professional would do under similar circumstances

Can result in either a negligence or malpractice lawsuit

Examples of Negligence and Malpractice

Failure to properly detect a disease

Improper utilization of surgical utensils

Installation of defective or inferior dental products

Personal injury to oral cavity or surrounding bone and tissue

Wrongful death due to dental procedures or anesthetic

MalpracticeKnown as

professional negligence

Occurs when four D’s are missing:duty (relationship)derelict (negligence)direct cause (injury)damage (loss)

Tort LawTort is an act that has caused harm to another person, which

may be an intentional or unintentional wrongdoing

Click here for a question to consider

Question to ConsiderYou are not a licensed DA to perform inhalation

sedation, and your dentist wants to take care of another patient by allowing you to introduce nitrous oxide sedation to Mr. J. J. Papa. What would you do in this situation? (Your dentist trusts you, as he has provided you with onsite training in nitrous oxide sedation.)

Consent Informed consent

fully informing patient about treatment options

Written consentdocumenting the patient is aware of diagnosis, required

treatment, treatment, and risks

Informed refusalpatient refusal of treatment after patient has been fully

educatedClick here for a question to consider

Question to ConsiderA patient has signs of a potentially dangerous disease

and your dentist has clearly informed the patient and is advising him to get a biopsy performed, but the patient is in denial and refuses to get any diagnostic tests. What should the dental team do in this situation?

Invasion of Patient’s PrivacyOccurs when information

is disclosed that should remain confidential

Another type of tort

Occurs when information is inappropriately shared either verbally or in writing

Protected Health Information

Any information that can be used to identify person, such as:Social Security

numberzip codebirth date

Health Insurance Portability and Accountability Act (HIPAA)

Enacted in 1996

Privacy requirements under HIPAA consist of three categories:privacy standardspatients’ rightsadministrative requirements

Privacy StandardsRequire dental offices to

provide a copy of office’s Notice of Privacy Procedure to each patient at the first visit

State that patients have rights to their own PHI

HIPAA Administrative Requirements

Every office must have a HIPAA privacy contact person so that patients may file complaints regarding breach of privacy

A complaint system must be established

Agreements protecting PHI must be contracted and documented within HIPAA policy manuals

HIPAA updates provided by the ADA can be found by clicking here or visiting http://www.ada.org

Standard of Care Patients Expect

Qualified licensed dentist

Standard materials and appropriate drugs

Care and treatment within a given period of time

Fees similar to those of other area dental offices

Accurate and clear instructions as needed

AbandonmentDefined as withdrawing from patient care without

reasonable notice or failing to provide a referral for completion of dental treatment; is illegal

If the dentist has treated the patient, then terminating a patient must be done in writing and usually within how many days?

The Patient Record Legal document

Treating dentist is owner of original patient record

Dental teams are responsible for keeping record accurate and up to date

HIPAA gives patients the right to review their charts and request copies of their records and radiographs

Check Your Understanding1. Why is it important as a DA to know the state

dental practice act requirements for the state for which one is employed ?

2. What constitutes abandonment of a patient?

3. When manually entering data into a patient’s chart, why should the dental team member always sign behind his or her entries and notes?

Click here to check your answers

Answers to Check Your Understanding

1. To ensure that the DA only performs tasks that the act allows for that state

2. Withdrawing from patient care without reasonable notice or failing to provide a referral for completion of dental treatment is illegal

3. The signature validates what has been entered in the patient chart

Homework #3Homework #3- On page 29 of your dental

assisting text book answer check your understanding 1-10 write out question and only correct answer.