Dental Ethics: A Brief Review

Course #57424 - $18-


Study Points

  1. Describe the roles and responsibilities of dental professionals.
  2. Review the definitions of ethics and law.
  3. Compare and contrast ethical theoretical systems.
  4. Define ethical terms and ethical decision making, as related to the dental professional.
  5. Define dental malpractice, specifically as it relates to Medicare/Medicaid fraud.

    1 . The dentist is responsible for all services provided to the "patient of record," which is a patient
    A) who has been billed for services.
    B) for whom a chart has been created.
    C) who has been referred for a second opinion.
    D) for whom a medical history, clinical examination, and treatment plan have been conducted.

    RESPONSIBILITIES AND COMPETENCE

    The dentist is responsible for all services provided to the "patient of record," which is a patient upon whom a dentist has taken a complete medical history, completed a clinical examination, recorded any pathologic conditions, and prepared a treatment plan.

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    2 . Dental hygienists generally may be delegated all of the following tasks, EXCEPT:
    A) Removing accretions
    B) Exposing dental x-rays
    C) Prescribing medications
    D) Performing root planing

    RESPONSIBILITIES AND COMPETENCE

    Depending on state regulations, dental hygienists may be delegated the task of removing calculus deposits, accretions, and stains from exposed surfaces of the teeth and from the gingival sulcus. They may also perform root planing and curettage. In addition, dental hygienists may expose dental x-ray films, apply topical preventive or prophylactic agents, and perform all tasks delegable by the dentist. However, the dentist remains responsible for the care of the patient.

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    3 . How many states have adopted "death with dignity" acts?
    A) Two
    B) Four and the District of Columbia
    C) Five and the District of Columbia
    D) Ten and the District of Columbia

    ETHICS AND LAW

    A discussion of professional ethics and law requires background knowledge of ethics and the definition of ethical principles. Ethics is a branch of philosophy that considers and examines the moral life. The word ethics comes from the Greek ethos and originally meant character or conduct; the word morals comes from the Latin mores, which means customs, values, or habits. These two terms are frequently used interchangeably; however, simply put, ethics are the standards of conduct an individual uses to make decisions and morality involves the judgment or evaluation of an ethical system, decision, or action based on social, cultural, or religious norms [14,15]. They both incorporate notions of approval or disapproval and in some cases are also applied to the character or virtues of the individual.

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    4 . Deontologic ethics is based on
    A) the principle that all people are not of equal value.
    B) the principle that people should always be treated as a means to an end.
    C) the idea that lying is ethical if it is seen to be in the person's best interest.
    D) a system of ethical decision making that stands on moral rules and unwavering principles.

    ETHICAL THEORETICAL SYSTEMS

    Under the deontologic umbrella, an action is deemed right or wrong according to whether it follows pre-established criteria known as imperatives. An imperative in our language is viewed as a "must do," a rule, an absolute, a black and white issue. This is an ethic based upon duty linked to absolute truths set down by specific philosophical schools of thought. If the principles dictated by these imperatives are met with dutiful compliance, one is said to be acting ethically.

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    5 . Consequences or outcomes are the driving force of which ethical theoretical system?
    A) Motivist
    B) Teleologic
    C) Natural Law
    D) Transcultural

    ETHICAL THEORETICAL SYSTEMS

    A well-known deontologic ethical theory is based upon religious beliefs and is known as the theologic ethical theory. The principles of this theory promote a summum bonum, or highest good, derived from divine inspiration. A familiar principle is to do unto others as you would have them do unto you. One would be viewed as ethically sound to follow this principle within this system of beliefs.

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    6 . Which of the following ethical principles are considered the most significant in dental decision making?
    A) Denial, anger, resistance, bargaining, and acceptance
    B) Negotiating, harboring, enlisting, issuing, and acceptance
    C) Autonomy, veracity, beneficence, nonmaleficence, and justice
    D) Dependence, benevolent, non-benevolent, right-to-know, and judicious

    DEFINITIONS OF ETHICAL PRINCIPLES

    The ADA recognizes five major ethical principles of significance to dental professionals: patient autonomy, veracity, beneficence, nonmaleficence, and justice [1].

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    7 . Autonomy focuses on the patient's
    A) ability to self-pay for services.
    B) truthfulness and promise keeping.
    C) disclosure of relevant information.
    D) personal rights and self-determination.

    DEFINITIONS OF ETHICAL PRINCIPLES

    Autonomy refers to the right of the patient to determine what will be done with his or her own person (i.e., self-governance). It also involves the patient's right to have confidentiality of his or her own medical history and records, and for the medical personnel to safeguard that right. The dentist should involve the patient in treatment decisions in a meaningful way, with due consideration being given to the patient's needs and desires [1].

    Ozar, Sokol, and Patthoff present four possible models of the patient-dentist relationship [3]:

    • The guild model, in which the dentist is the sole active decision-maker

    • The agent model, in which the important aspects of decision-making are solely the responsibility of the patient

    • The commercial model, in which both the patient and the dentist are decision-makers, but the dentist is considered a producer selling her/his goods, with only the moral obligations of any other seller (e.g., not to cheat or defraud the buyer

    • The interactive model, in which the dentist and patient are equal partners in important respects to decision-making

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    8 . Nonmaleficence means dental professionals must try to
    A) avoid doing harm.
    B) continue to practice even when impaired, because their patients need them.
    C) delegate patient care to unqualified auxiliary personnel so they can learn new procedures.
    D) find ways to justify relationships with patients that they have treated in the past and those they are currently treating.

    DEFINITIONS OF ETHICAL PRINCIPLES

    Nonmaleficence simply means that dental professionals must try to avoid doing harm to the patient. It is the duty of the dental professional to evaluate his or her own skills and recognize when further education is required or when referral to a specialist is in the best interest of the patient. A dentist must complete a patient's treatment once it has begun or make arrangements for appropriate care if for any reason the dentist cannot complete the care.

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    9 . Dental malpractice is generally
    A) any written consumer complaint.
    B) not a significant cause of health insurance premium increases.
    C) determined through regular reviews of each licensed professional.
    D) significant injury, loss, or death occurring as a result of a dental provider's improper treatment and/or diagnosis.

    DENTAL MALPRACTICE

    Although this course addresses dental ethics and not dental law, dental professionals should be aware of what constitutes dental malpractice. In general, dental malpractice has occurred when a dental provider, through improper treatment and/or diagnosis, causes significant injury, loss, or death to the patient. When malpractice issues arise, the consumer may report his or her complaint to a dental society, attorney, or licensing board. Although licensing boards strive to maintain high standards in the dental profession, it is not possible to conduct regular reviews of each licensed professional. Therefore, most boards rely on written complaints received from the consumer. Upon receipt of a complaint, licensing boards are usually required to open an investigation, the scope of which depends on the allegations [5].

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    10 . Examples of dental malpractice cases defrauding Medicare/Medicaid have included
    A) falsifying documents or charts.
    B) billing Medicare/Medicaid for unnecessary medications.
    C) billing Medicare/Medicaid for unnecessary and/or improper procedures.
    D) All of the above

    DENTAL MALPRACTICE

    In 2013, a dentist practicing in Connecticut (who was previously barred from practicing in every other state in New England) was sentenced to eight years in prison and ordered to pay $10 million in fines and restitution for operating a number of assembly line-style clinics that performed unnecessary dental procedures targeting poor patients and collecting more than $20 million in fraudulent claims from Medicaid [7]. The clinics hired recruiters to canvas neighborhoods and paid bonuses to those who brought in patients. In some cases, transportation was arranged for patients to the clinics, which were located in low-income neighborhoods. Most of the unnecessary procedures involved drilling into perfectly healthy teeth but included other questionable treatments. The plaintiff had relocated to Connecticut following the announcement of a program to increase Medicaid payments in an effort to induce more dentists to treat low-income patients. The dentist hid his involvement in the Connecticut clinics by using false names and false corporations and by falsifying documents.

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