Who does the RDH have a duty to?
• Employer/Dentist
• Public
• Individual Patients
DDS makes all the decisions
Authoritative
What are the 3 C’s
• Consent
• Competent
• Confidentiality
What are the types of consent?
• Implied
• Expressed/Verbal
• Written
Define technical assault (in a dental office).
Dental professional performs a procedure on a patient without their informed consent, essentially treating them without their full understanding or agreement, even if no physical harm is intended.
This can include performing unnecessary procedures, exceeding the scope of the agreed-upon treatment plan, or not adequately explaining the risks involved before proceeding
No intent to harm.
What is the RDH's responsibility to the public?
Access to care
• Maybe asked to provide dental hygiene services to the needy/underserve in the community
• Volunteering
Complete freedom or control
Free Rein
A chaotic environment with no consistency or order.
What are the two parts of informed consent?
• Being informed and
• Giving consent
What are exceptions to when someone other than the patient can provide consent?
• If a parent is a minor they can consent for their children
• An emancipated minor – free from parental control
• Or an emergency situation
Define technical battery.
No consent to being touched.
Dental professional performs a procedure on a patient without obtaining proper informed consent, essentially meaning they touched the patient without authorization even if there was no intention to cause harm; this is considered a legal violation, even if the treatment itself was beneficial.
What is the RDH's responsibility to the patient?
Current license
• Displayed as required
• Must perform only legally allowed duties with appropriate supervision
• Deliver care that meets standard of a reasonable person in the profession
• Must use drugs, materials and techniques recognized by the profession
Must complete TX in timely manner
• Charge fees that are usual and customary and reasonable
• Maintain privacy and confidentiality
• Keep accurate records
• Give adequate instructions to the patient
• Maintain a level of knowledge and practice within the code of ethics
• Proper notification to avoid abandonment
Collaborative relationship
Participatory
What type of obligation is informed consent?
• A legal obligation
• An ethical obligation
Besides treatment, what also needs consent?
Use of photographs
Research
Release of health records
Infected providers
New technologies used for electronic social networking
Give an example of technical assault & battery in a dental office
Performing a more extensive dental procedure than what the patient agreed to without further discussion and consent.
Administering a topical anesthetic without asking the patient if they are allergic to any ingredients.
Treating a minor without the legal guardian's signature on the consent form.
What is the duty of the professional to the patient regarding consent?
Adequately inform and advise the patient
Not to influence the patient toward the provider's interest.
What is 'At will' relationship mean?
Employment relationship can be terminated at the will of either. RDH or DDS for any reason at the end of a work day effectively immediately or accompanied by notice.
What are the rights of the patient regarding treatment?
• Right to informed consent
• Right to autonomy
What should ideally be included in an informed consent?
• Competency
• Language
• Diagnosis
• Prognosis
• Need for procedure(s)
• Alternative(s)
Pros and cons of each
Risks and benefits of each
What is meant by 'Term' relationship?
Employment with a definite duration (contract). Can be terminated prior to end date provided “specific conditions” also known as just cause.
At what age can a person legally consent to treatment.
Age 18