Dental Practice Act/Law & Ethics OBJECTIVES

Dental Practice Act/Law & Ethics
OBJECTIVES
Here is a list of objectives to accompany the Adobe lectures provided for the class. Use this list
as your study guide to help prepare for the Dental Practice Act/ Law & Ethics exam. The
final exam is a multiple-choice test given during class on Saturday, April 25th, 2015.
LAW & ETHICS OBJECTIVES April 2015
LAW & ETHICS OBJECTIVES
•
•
Pronounce, define, and spell the Key Terms
Explain and give examples of the basic principles of ethics
•
Explain the difference between being “legal” and being “ethical”
•
Explain the purpose of the State Dental Practice Act
•
Explain the purpose for licensing dental health professionals
•
Describe the types of dental auxiliary supervision
•
Explain the circumstances required for patient abandonment
•
Explain the principle of contributory negligence
•
Describe the difference between written and implied consent
•
Demonstrate how to make corrections on a patient’s record
•
Discuss the indication of child abuse and neglect
•
Explain the purpose of HIPAA
LAW & ETHICS OBJECTIVES April 2015
Law and Ethics Exam Preparation
The following are important terms to know:
Using the following Key Terms research the definition.
Write definitions on a separated piece of paper.
Bring to class for discussion
1. Abandonment
15. Fiduciary Responsibility
2. Amoral
16. General Supervision
3. Autonomous
17. Harassment
4. Battery
18. Impaired Professional
5. Beneficence
19. Implied Consent
6. Character
20. Informed Consent
7. Code of Ethics
21. Malpractice
8. Competency
22. Negligence
9. Confidentiality
23. Nonmaleficence
10. Defamation
24. Professionalism
11. Implied
25. Regulation
12. Direct Supervision
26. Scope of Practice
13. Discrimination
27. Veracity
14. Ethics
Dental Ethics
Dentistry is a profession different from
general businesses.
As a professional dental assistant, you are
bound by an ethical code of conduct.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
1
Introduction





Ethics deals with moral conduct (right and wrong behavior) and
good and evil.
Ethics includes values, high standards of conduct, and
professional and personal obligations in interacting with each
other.
These qualities are important to us as dental healthcare
professionals, as we provide
dental care to our patients.
Ethics seeks to answer two basic questions:
 What should I do?
 Why should I do it?
Ethics refers to what you should do, not what you must do. The
law deals with what you must do.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
2
Sources for Ethics

You have been learning personal ethics
throughout your life in a variety of ways from
the following sources:





Basic instinct
Parents
Teachers
Religion
Observation of other people’s behavior
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
3
Basic Principles of Ethics

Regard for self-determination



A regard for self-determination (autonomy)
includes the right to privacy, freedom of choice,
and the acceptance of responsibility for one’s own
actions.
To “do no harm”
Promotion of well-being
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
4
Basic Principles of Ethics

Regard for justice




A regard for justice involves treating people fairly
and giving them what they deserve and are
entitled to receive.
Veracity
Privacy
Continuing education
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
5
Confidentiality




Confidentiality is a very important issue in the
health profession.
Healthcare professionals have an obligation
to respect the patient’s privacy.
However, conflicts involving the principle of
confidentiality, such as in reporting suspected
child or elder abuse, will arise.
Sometimes the patient’s right to confidentiality
must be balanced against the rights of other
individuals.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
6
Examples of Ethical Principles




Informing a sales clerk that he or she has
undercharged you for an item (principle of
justice)
Admitting that you have made a serious error
(principle of autonomy)
Helping a fellow student study (principle of
well-being)
Refusing to gossip about a fellow student
(principle of doing no harm)
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
7
Examples of Unethical Behavior




Charging the patient for a full set of x-rays
when only six films were taken (principle of
justice)
Pressuring a classmate into a decision
(principle of autonomy)
Refusing to help a classmate learn (principle
of well-being)
Harming another person by repeating gossip
about him or her (principle of doing no harm)
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
8
Professional Code of Ethics



All of the major professions (e.g., dental,
medical, legal) have written codes of ethics.
These are voluntary standards of behavior,
not laws, and serve as a method of selfpolicing within a profession.
The codes of ethics of most professions have
been revised to keep them consistent with the
times, but there has never been a change in
the moral intent or overall idealism.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
9
Professional Code of Ethics

Reasons for a Code of Ethics




To demonstrate to the public the standard of
conduct that can be expected from its members.
To increase the ethical consciousness and ethical
responsibility of its members.
To guide its members in making informed ethical
decisions.
To establish a standard for professional judgment
and conduct.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
10
The Difference Between Ethics and Law





Legal issues are settled with the use of laws and court
decisions. Ethical issues are subject to individual
interpretation with regard to the right or wrong of a
particular situation.
Laws are very specific and are written by people
authorized to write them.
The law is often referred to as being “black and white”
or “right or wrong.”
Ethics are less specific and have more gray areas.
Ethics are the conscience of the profession.
Laws set the minimum standard of behavior; ethics set
the highest standard of behavior.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
11
Applying Ethical Principles



You may be faced with a situation in which
your dentist employer’s conduct violates
ethical standards.
Before you make any judgments, be
absolutely certain of all the information and
circumstances.
If violations of ethical conduct have been
committed, you must make some decisions.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
12
Ethical Dilemmas



Do you wish to remain under these
circumstances?
Should you seek other employment?
If you remain, will it affect you in the eyes of
future employers?
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
13
Ethical Dilemmas


These decisions are difficult, especially if you
like your employer and enjoy your job.
A dental assistant is not legally obligated to
report questionable actions on the part of the
dentist or to try to alter the circumstances.
However, an ethical dental assistant will not
wish to participate in substandard care or
unlawful practices that may be harmful to
patients.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
14
Steps for Solving Ethical Dilemmas
Step 1: Identify the alternatives.
 Step 2: Determine all implications.
 Step 3: Rank the alternatives.
 Step 4: Choose a course of action.

Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
15
Dentistry and the Law
Regulations regarding dental auxiliaries vary
greatly from state to state, and the roles and
the responsibilities of dental auxiliaries also
vary from state to state.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
1
Statutory Law

Criminal law involves crimes against society




Felony
Misdemeanor
Infraction
Civil law involves crimes against an individual



Contract law
Tort law
Administrative law
2
Contract Law

Expressed contracts



Established through the written word or by verbal
agreement.
Commonly used when the required treatment is
extensive or will take a long time to complete.
Implied contracts


Established by actions not words.
For example, if a patient comes to the dentist with
a toothache and allows the dentist to examine him
or her, it is implied that the patient wants
treatment.
3
Tort Law


A tort is a wrongful act by one person that results in
injury to another. It may happen accidentally
(negligence) or be done intentionally.
For example, a dental auxiliary places x-rays on the
wrong side of the mount. The dentist notices the error
and turns the films over, and no harm is done to the
patient. No tort has occurred. However, if the dentist
does not notice the error and extracts the tooth on
the wrong side of the mouth because of the error in
film mounting, a tort has occurred.
4
State Dental Practice Act



The primary purpose of a dental practice act
is to protect the public from incompetent
practitioners.
The dental practice act specifies the legal
requirements for the practice of dentistry
within each state.
An administrative board, usually called the
Board of Dentistry, interprets and implements
state regulations.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
5
Included in the Dental Practice Act






Requirements for licensure
Grounds for revocation or suspension
Requirements for continuing education
Duties delegated to auxiliaries
Infection-control regulations
Requirements for persons exposing
dental radiographs
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
6
Board of Dentistry



The members of the state board of dentistry
(also referred to in some states as the dental
board) are appointed by the governor of the
state.
The board adopts rules and regulations that
define, interpret, and implement the intent of
the dental practice act.
The board regulates and enforces the laws
of practice for dentistry within the state.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
7
Board of Dentistry

Licensure




The purpose of licensure is to protect the public from
unqualified or incompetent practitioners.
It is very important to understand the requirements for
practice in your state.
In every state, anyone who practices dentistry without a
license is guilty of an illegal act.
Licensure by credential allows an individual licensed in one
state to become licensed in another state IF certain
requirements are met.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
8
Board of Dentistry

Licensure by Credential


Allows an individual currently licensed in one state
to become licensed in another state IF certain
requirements are met
Requirements vary by state
9
Expanded Functions and Supervision


Expanded functions are specific intraoral
functions delegated to qualified dental
auxiliaries with additional skill and training.
When these functions are included in the
dental practice act, the dentist may delegate
them to the dental auxiliary.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
10
Expanded Functions and Supervision

Doctrine of Respondeat Superior



Respondeat superior means that the employer is responsible
for any harm caused by the actions of an employee while the
employee is carrying out the business of the employer.
In a dental practice, this means that the patient may sue the
dentist for an error committed by the dental assistant or
dental hygienist.
The employee is also responsible for his or her own actions,
and the injured patient may also file suit against the dental
assistant.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
11
Expanded Functions and Supervision

Patient of Record

A patient of record is an individual who has been
examined and in whom a diagnosis has been
made by a licensed dentist and for whom
treatment has been planned by the dentist.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
12
Expanded Functions and Supervision

Types of Supervision: Direct


Direct supervision means that the dentist has
delegated a specific procedure to be performed in
a patient of record by a legally qualified dental
auxiliary. The dentist must examine the patient
before delegating the procedure and again when
the procedure is complete.
The dentist must be physically present in the office
while the procedures are being performed.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
13
Expanded Functions and Supervision

Types of Supervision: General



General supervision (indirect supervision) means
that the dentist has authorized and delegated
specific procedures that may be performed by a
legally qualified dental auxiliary in a patient of
record.
Exposing radiographs and recementing a
temporary crown that has been dislodged are
examples of functions that are often delegated
under general supervision.
The dentist need not be physically present in the
office while such procedures are being performed.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
14
Unlicensed Practice of Dentistry



A dental assistant or dental hygienist may legally
perform only those functions delegated under the
dental practice act of the state in which he or she
works.
Performing procedures that are not legal is practicing
dentistry without a license, a criminal act. Ignorance
of the dental practice act is no excuse for illegally
practicing dentistry.
If the dentist asks you to perform an expanded
function that is not legal in your state and you choose
to do so, you are committing a criminal act.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
15
Dentist-Patient Relationship

Duty of care/Standard of care



Licensure
Use of reasonable skill, care, and judgment
Use of standard drugs, materials, and techniques
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
16
Abandonment



Discontinuation of care after treatment has
begun, but before it has been completed.
Even if a patient refuses to follow instructions
and fails to keep appointments, the dentist
may not legally refuse to give the patient
another appointment.
The dentist may not dismiss or refuse to treat
a patient of record without giving the patient
written notice of termination.
17
Patient Responsibilities


The patient is legally required to pay a
reasonable and agreed-upon fee for services.
The patient is expected to cooperate and to
follow instructions regarding treatment and
home care.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
18
Due Care



The patient also has legal duties to the
dentist.
The patient is legally required to pay a
reasonable and agreed-on fee for services.
The patient is also expected to cooperate and
follow instructions regarding treatment and
home care.
19
Malpractice

The “four D’s” must all be present for a
malpractice lawsuit to be successful:




Duty: A dentist/patient relationship must exist to
establish the duty.
Derelict: Negligence occurred because the
standard of care was not met.
Direct cause: The negligent act was the direct
cause of the injury.
Damages: May include pain and suffering, loss of
income, and medical bills, among other things.
20
Acts of Omission and Commission


In dentistry, the two types of malpractice are
acts of omission and commission.
Act of omission


Example: A dentist fails to diagnose periodontal
disease because he does not take x-rays or
perform periodontal probing.
Act of commission

Example: A dentist administers 15 cartridges of
local anesthetic to a very small child, resulting in
serious overdose and the death of the child.
21
Doctrine of res ipsa loquitur


Meaning the “thing speaks for itself.”
For example, a dentist extracts the wrong
tooth or breaks an instrument in the tooth and
leaves it there. The proof—the instrument
itself—is clear.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
22
Risk Management

The major areas of risk management
(prevention of lawsuits) involve:





Excellent communication with patients
Maintaining accurate and complete records
Receiving informed consent
Doing everything possible to maintain the highest
standards of clinical excellence
Legal authorities have noted that the primary
factor in avoiding legal problems with patients
is maintaining a good rapport and open
communication with all patients.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
23
Avoiding Malpractice Lawsuits

Prevention and good communication with the
patient are the best defenses against
malpractice claims. Patients are less likely to
initiate a lawsuit when they have a clear
understanding of:




The planned treatment
The results that can reasonably be expected
The potential treatment complications
The patient’s financial obligations
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
24
“Silence is Golden”


The dental assistant or dental hygienist must
never make critical remarks about dental
treatment rendered by his or her employer or
any other dentist.
Statements made spontaneously by anyone
(including the dental assistant) at the time of
an alleged negligent act are admissible as
evidence and may be damaging to the dentist
and dental assistant in a court of law.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
25
Guidelines for Informed Consent


The concept of informed consent is based on
the idea that it is the patient who must pay the
bill and endure the pain and suffering that
may result from treatment.
Therefore, the patient has the right to know
all important facts about the proposed
treatment.
26
Informed Patient Consent

Implied consent


Implied consent is given when the patient agrees
to treatment or at least does not object. Implied
consent is a less reliable form of consent in a
court of law, should there be a malpractice suit.
Written consent

This is the preferred means of obtaining and
documenting the patient’s consent and
understanding of the procedure.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
27
Guidelines for Informed Consent

To assist the patient in making an informed
decision about whether to undergo the
proposed treatment, the dentist should
explain:




The nature of the proposed treatment
The benefits of the proposed treatment and the
consequences of not undergoing the proposed
treatment
The most common and severe risks associated
with the proposed treatment
Reasonable alternatives to the proposed
treatment, including the risks and benefits of each
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
28
Informed Refusal


If a patient refuses the proposed treatment,
the dentist must inform the patient about the
likely consequences and obtain the patient’s
informed refusal.
Informed refusal does not release the dentist
from the responsibility of providing the
standard of care. A patient may not consent
to substandard care, nor may the dentist
ethically or legally agree to provide it.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
29
Exceptions to Disclosure

The dentist does not have the duty to disclose
information about proposed treatment in the
following situations:




The patient asks not to be advised.
The procedure is simple and straightforward, and
life-threatening risks are remote.
Treatment risk is minor, and treatment rarely
results in serious adverse effects.
Information would be so upsetting that the patient
would be unable to weigh risks and benefits
rationally; this is known as the therapeutic
exception.
30
Informed Consent for Minors



For minor children, the parent, custodial
parent, or legal guardian must give consent.
When parents live separately, the child’s
personal-information form should indicate
which of them is the custodial parent.
When separated parents share custody, the
child’s record should contain letters from
each providing consent and authorization to
treat.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
31
Documenting Informed Consent




At minimum, the patient’s record should indicate that
the patient received information about risks, benefits,
and treatment alternatives and consented to or
refused the proposed treatment.
When treatment is extensive, invasive, or risky, a
written informed consent document is recommended.
The patient, the dentist, and a witness should sign
the written consent form.
The patient should receive a copy of the form, and
the original should be kept in the patient’s chart.
32
Documenting Informed Consent

Recommended in the following types of
situations:





If a new drug is to be used
If experimentation or clinical testing is involved
If a patient’s identifiable photograph is used
If a minor child is treated in a public program
If the treatment takes more than 1 year to
complete
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
33
Content of Informed Consent Forms

Informed consent forms should contain the
following information




Nature of the proposed treatment
Benefits and treatment alternatives
Risks and potential consequences associated with
not performing treatment
Other information as necessary for a particular
case
34
Patient Referral



The dentist will commonly refer unusual
cases, or those beyond his or her scope of
training, to a specialist.
The dentist must inform the patient being
referred that the needed services cannot be
properly performed in his or her office.
Whenever possible, the dentist should help
the patient find the appropriate specialist.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
35
Failure to Refer

Many malpractice claims involve failure of the
general dentist to refer the patient to a
specialist when the patient’s oral condition
requires special attention.


Failure to recognize periodontal disease and refer
the patient to a periodontist is a very common
cause for this type of malpractice suit.
When a patient is referred to a specialist, the
referral should be thoroughly documented in
the patient’s chart.
36
Guarantees


Outcomes of dental care cannot be
completely predicted.
Neither the dentist nor the staff should make
a promise or claim about the outcome of care
because this could be interpreted as a
“guarantee.”
37
Contributory Negligence




All broken or canceled appointments must be
noted in the patient’s record.
If the patient discontinues treatment, the
records should indicate this decision and the
reason given.
This information can be useful in
documenting contributory negligence.
Such documentation helps protect the
practice from legal action should a patient
claim negligence against the dentist.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
38
Patient Records



Patient records are important legal
documents that must be protected and
handled with care.
All examination records, diagnoses,
radiographs, consent forms, updated medical
histories, copies of medical and laboratory
prescriptions, and correspondence to or
about a patient are filed together in the
patient’s record.
Financial information is not included in the
patient’s chart.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
39
Ownership of Dental Records and
Radiographs




The dentist technically owns all patient
records and radiographs.
Patients have the right to access (review) and
retrieve (remove) their records and
radiographs.
Original records and radiographs are never
allowed to leave the practice without the
dentist’s permission.
In most situations, duplicate radiographs and
a photocopy of the record will satisfy the
patient’s needs.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
40
Reporting Abuse and Neglect




In many states, dental personnel are required by law
to report known or suspected cases of child abuse.
The primary intent of reporting is to protect the child.
It is equally important to provide help for the parents.
Dental personnel are in a good position to identify
signs of abuse in their pediatric patients.
Reported cases of child abuse and neglect are rising
at an alarming rate all over the country.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
41
Child Abuse

Child abuse is legally defined as any act of
omission or commission that endangers or
impairs a child’s physical or emotional health
and development.
These acts include:





Physical abuse and corporal punishment
resulting in injury
Emotional abuse
Emotional deprivation
Physical neglect or inadequate supervision
Sexual abuse and exploitation
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
42
Domestic Violence



The term used to describe battering, abuse,
or control over an intimate individual within
the same household.
The abuse usually starts with controlling
behavior on the part of the abusive spouse
that becomes more frequent and more
aggressive.
The dental professional must be sensitive
and supportive and must document evidence
that may suggest abuse.
43
Elder Abuse


Occurs when a relative or a healthcare
provider abuses an elderly patient.
As with child and spousal abuse, dental
professionals should look for signs of physical
abuse and for behavior that suggests abuse,
such as being withdrawn.
44
Dental Neglect


The willful failure of a person or a guardian to
seek and obtain appropriate treatment for
caries and oral infection.
Dental neglect consists of




Untreated rampant caries, easily detected by a
layperson
Chronic pain
Delay or retardation in a child’s growth or
development
Child’s difficulty with or inability to perform daily
activities such as playing or going to school
45
Immunity



Many states legally require the reporting of
suspected child abuse.
Immunity from criminal or civil liability for
reporting is granted as required.
This means that you cannot be sued for
reporting your suspicions to protect a child.
Copyright © 2012, 2009, 2005, 2002, 1999, 1995, 1990, 1985, 1980, 1976 by Saunders, an imprint of Elsevier Inc. All rights reserved.
46
HIPAA

The purpose of HIPAA is to




Provide consumers with greater access to
healthcare insurance
Protect the privacy of protected health information
Promote greater standardization and to enhance
efficiency in the healthcare industry
Dentists and all dental health professionals
must follow the HIPAA regulations.
47