Mr. Caputo Unit #1 Lesson #7 Dental Ethics & Law Mr. Caputo Unit #1 Lesson #7

Today’s Class Driving 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 lesson This 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 Click here for a question to consider Express contract verbal or written words that are agreed upon in an established contract Implied contract one that is implied based on patient’s actions Click here for a question to consider 4

Question to Consider If 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? 5

Due Care Defined as what any reasonable or prudent dental care professional would do under similar circumstances Can result in either a negligence or malpractice lawsuit 6

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 7

Malpractice Known as professional negligence Occurs when four D’s are missing: duty (relationship) derelict (negligence) direct cause (injury) damage (loss) 8

Tort Law Click here for a question to consider Tort 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 9

Question to Consider You 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.) 10

Consent Informed consent Written consent Informed refusal fully informing patient about treatment options Written consent documenting the patient is aware of diagnosis, required treatment, treatment, and risks Informed refusal patient refusal of treatment after patient has been fully educated Click here for a question to consider 11

Question to Consider A 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? 12

Invasion of Patient’s Privacy Occurs when information is disclosed that should remain confidential Another type of tort Occurs when information is inappropriately shared either verbally or in writing 13

Protected Health Information Any information that can be used to identify person, such as: Social Security number zip code birth date 14

Health Insurance Portability and Accountability Act (HIPAA) Enacted in 1996 Privacy requirements under HIPAA consist of three categories: privacy standards patients’ rights administrative requirements 15

Privacy Standards Require 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 16

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 17

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 18

Abandonment Defined 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? 19

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 20

Check Your Understanding Why is it important as a DA to know the state dental practice act requirements for the state for which one is employed ? What constitutes abandonment of a patient? 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 21

Answers to Check Your Understanding To ensure that the DA only performs tasks that the act allows for that state Withdrawing from patient care without reasonable notice or failing to provide a referral for completion of dental treatment is illegal The signature validates what has been entered in the patient chart 22

Homework #3 Homework #3- On page 29 of your dental assisting text book answer check your understanding 1-10 write out question and only correct answer.