VERSION 2025,NEWLY RELEASED
Purpose of the DH Code of Ethics - answer-To achieve high levels of ethical
consciousness, decision making, and practice by members of a profession.
DH core values include: - answer-Veracity
Autonomy
Beneficence
Justice
Non-maleficence
Confidentiality
Societal trust
Veracity - answer-Truthfulness
Autonomy - answer--Deals with the PATIENT, not the practitioner.
-Right to privacy; freedom of choice
The patients have rights to informed consent, full disclosure, privacy, freedom of choice,
etc.
Beneficence - answer--Do what benefits the patient (promotes their well-being)
-Example: Doing dental screening
Justice - answer-Fairness
Non-Maleficence - answer-Do no harm. Deals with the PRACTITIONER.
Example- providing protective eyewear to the patient
Confidentiality - answer-The act of holding information in confidence, not to be released
to unauthorized individuals
Societal Trust - answer-Value patient trust.
Based on our actions and behavior.
Civil offense - answer--A crime against an INDIVIDUAL but not against society.
-Satisfaction is sought (usually money)
-Most dental cases fall under this category.
-Common lawsuits are dental injections, adverse drug reactions related to
contraindications to medical history, or failure to diagnose
-Best way to avoid lawsuits is through documentation, charting, and communication
,What is the best way to avoid lawsuits - answer-Best way to avoid lawsuits is through
documentation, charting, and communication
Civil Law: Contract Law - answer--2 main types: implied and expressed
-Involves the practitioner and patient
-Can involve termination of patients and abandonment of patients
Implied contract - answer-An agreement made through inference by signs, inaction or
silence
Expressed contract - answer-A written or oral agreement in which all terms are explicitly
stated
Abandonment in contracts - answer-Dismissal of a patient without ample and proper
notice
Civil Law: Tort Law - answer-Wrongs against a person or property: damages can be
sought by injured party.
Intentional Torts (civil law: torts) includes: - answer--Assault
-Battery
-Deceit/Misrepresentation
-Defamation
-Breach of confidentiality
-Invasion of property (patients body is the property)
Assault - answer--A type of intentional tort
-Intention to cause bodily harm WITHOUT actually doing it (threatening)
Battery - answer--A type of intentional tort
-Intention to cause bodily harm WITH touching them
Defamation - answer--A type of intentional tort
-Act of harming or ruining another's reputation
-2 types (libel and slander)
Libel - answer--A type of defamation (which is an intentional tort)
-WRITTEN defamation
-Think L=Library > Libel
Slander - answer--A type of defamation (which is an intentional tort)
-Verbal defamation
-Think S=Spoken > Slander
Unintentional Tort (Civil law: torts) includes: - answer-Negligence and malpractice
,Negligence - answer--Failure to do what a reasonable person would do
-Includes Standard of Care and duty
-Example: breaking instrument tip in periodontal pocket and neglecting to tell the patient
4 essential factors in negligence:
1. Acceptance of the patient by the provider
2. Breach of duty (harm does not have to happen to be a breach)
3. Causal relationship between the breach and damage
4. Damage or harm to the patient
2 main types of law - answer-Civil and criminal
2 main branches off of civil law - answer-Contract law and tort law
OSHA - answer-Occupational Safety and Health Administration
-Responsible for developing universal/standard precaution protocols for employees to
prevent them from contracting disease through blood and/or other body fluids
-Protects the employees
-Pertains to clinics and facilities
-Includes Blood-Borne Pathogens and MSDS
HIPAA - answer-Health Insurance Portability and Accountability Act of 1996
-Maintains patient confidentiality
-All health care entities that electronically process, store, transmits or receives medical
forms, claims, or remittances
-Office has to provide the patient a copy of HIPAA policy every 3 years
How frequently does a HIPAA form need to be signed? - answer-Only one time unless..
1. Changes are made and the patient needs to add or remove an individual from a
previous form
2. The government has made changes to HIPAA policy
CDC - answer-Centers for Disease Control and Prevention
-Recommends infection control protocol and conducts research to determine how
diseases are transmitted
-Provides guidelines for disease prevention/transmission
-Located in Atlanta, GA
COBRA - answer-Consolidated Omnibus Budget Reconciliation Act
, -Law to provide terminated employees or those who lose insurance coverage because
of reduced work to be able to buy group insurance for themselves and their families
(spouse and children) for a limited amount of time (for 18 months)
Informed Consent - answer--AUTONOMY
1. Presented in an understandable language
2. Nature and need of procedure
3. Benefits and risks of procedure
4. Prognosis
5. Alternatives to recommended procedure
6. Patient is allowed to ask questions
Malpractice - answer-Professional negligence where harm results
To prove there must be:
1. Act of omission or commission
2. Failure to satisfy standard of care
3. Harm or injury to the patient
Statute of Limitations - answer--Time frame (limitation period) within which legal action
must be taken
-Varies from state to state and the type of lawsuit
-Because dental lawsuits vary from state to state and type of offense, there is NO
definite time for a universal statute of limitations
Dental records - answer--Documentation of complete data
-Additional information (radiographs, referrals, prescriptions, OHI, etc.)
Ownership:
-Dentist owns paper on which information is printed
-Patient owns information
-It is ok for dentist to charge reasonable fee to transfer records (even if there is a
balance on the account)
Another term for the employer (dentist) - answer-Respondent Superior
Statutory Law for Dental Professionals - answer--Licensure requirements, examination,
and eligibility requirements
-Licensure by endorsement
-Approval of educational programs
-Examination and disciplinary authority
-Scope of practice
-Supervision requirements
-Continuing education requirements