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

2. 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.

3. 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.

4. 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

5. 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

6. 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

7. 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

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

9. 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

10. 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

11. 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

12. 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

13. 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

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

15. 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

16. 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

17. 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 17

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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.