State Dental Practice Act and Legal/Ethical Responsibilities Flashcards
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Read the first 7 State Dental Practice Act and Legal/Ethical Responsibilities flashcards as text
A parent calls to inquire about their 17-year-old child's dental treatment. Under HIPAA, when can the dental office share this information without the minor's consent?
Answer: When the parent is the legal guardian and the minor has not requested confidentiality
Parents who are legal guardians generally have access to a minor's health records unless an exception applies, such as emancipation or treatment for sensitive services.
Which legal concept refers to the unintentional application of force to a patient without consent, such as proceeding with treatment after a patient withdraws consent?
Answer: Battery
Battery in dentistry occurs when treatment is performed without consent or after consent has been withdrawn, even if no harm results.
A dental office uses a patient's before-and-after photos in a social media marketing post without written consent. This is a violation of which principle?
Answer: Patient confidentiality and HIPAA privacy rules
Using identifiable patient photos without written authorization violates HIPAA's Privacy Rule and patient confidentiality rights.
The State Dental Board has the authority to take which action against a dental assistant who violates the Dental Practice Act?
Answer: Suspend or revoke the assistant's license or certificate
The State Dental Board can suspend, revoke, or place conditions on a dental assistant's license or certificate for violations of the Dental Practice Act.
When a patient signs an informed consent form, what must they be told to make the consent legally valid?
Answer: The nature of the procedure, risks, benefits, and alternatives
Valid informed consent requires disclosure of the procedure, its material risks and benefits, and available alternatives so the patient can make an informed decision.
A dental assistant overhears a colleague falsely telling a patient that another dentist in town was disciplined for malpractice. This could constitute which tort?
Answer: Defamation (slander)
Making false spoken statements that damage another person's reputation is slander, a form of defamation.
Which of the following best describes the ethical principle of 'veracity' as it applies to dental assistants?
Answer: Being truthful and honest with patients and colleagues
Veracity is the ethical obligation to be truthful and accurate in all professional communications with patients and team members.