MJDF Law Ethics and Professionalism

Question 1

According to the GDC's Standards for the Dental Team, what are the nine principles that dental professionals must uphold?

Accepted Answer

The nine principles include: put patients' interests first, communicate effectively, obtain valid consent, maintain and protect patients' information, have a clear and effective complaints procedure, work with colleagues in a way that is in patients' best interests, maintain and develop your knowledge and skills, raise concerns if patients are at risk, and make sure your personal behaviour maintains patients' confidence in you and the dental profession

Answer

The GDC's 'Standards for the Dental Team' (2013, updated) sets out nine principles that all registrants must follow. These principles are the basis of fitness to practise proceedings and guide ethical decision-making. They apply equally to all dental professionals (dentists, dental nurses, hygienists, therapists, technicians, orthodontic therapists, and clinical dental technicians). Breach of these standards may result in fitness to practise action including conditions, suspension, or erasure from the register.

Question 2

What constitutes 'valid consent' for dental treatment under UK law, and what are the requirements?

Accepted Answer

Valid consent requires that the patient has capacity to make the decision, has been given sufficient information about the treatment (including risks, benefits, alternatives, and the option of no treatment), is acting voluntarily without coercion, and the consent is given before treatment begins; consent is a process, not just a form

Answer

Valid consent under UK law (reinforced by Montgomery v Lanarkshire 2015) requires three elements: capacity (the patient can understand, retain, weigh up, and communicate their decision — assessed under the Mental Capacity Act 2005), information (the patient must be told about material risks — those that a reasonable person in the patient's position would consider significant, benefits, alternatives, and consequences of no treatment), and voluntariness (the decision is made freely without undue influence). Consent is an ongoing process, not a one-off event. A signed form is evidence of consent but is not consent itself. Verbal consent is valid for routine procedures but should be documented in clinical notes.

Question 3

Under the Mental Capacity Act 2005, what principles govern the treatment of a patient who lacks capacity to consent to dental treatment?

Accepted Answer

The Act establishes five principles: presume capacity, support decision-making, respect unwise decisions, act in the patient's best interests, and use the least restrictive option; treatment must be in the patient's best interests, considering their past and present wishes, beliefs, values, and the views of those close to them

Answer

The Mental Capacity Act 2005 (England and Wales) provides the framework: (1) A person is presumed to have capacity unless established otherwise; (2) All practicable steps must be taken to help them make their own decision; (3) An unwise decision does not mean a person lacks capacity; (4) Decisions made on behalf of a person who lacks capacity must be in their best interests; (5) The least restrictive option must be chosen. Best interests assessment considers the patient's past wishes, beliefs, values, and the views of carers, family, and any lasting power of attorney or court-appointed deputy. Note: in the UK, no other adult can give or withhold consent on behalf of an adult patient — the clinician decides in the patient's best interests.

Question 4

What are the dental professional's obligations regarding patient confidentiality under the Data Protection Act 2018 (UK GDPR)?

Accepted Answer

Patient information must be processed lawfully, kept secure, shared only with consent or when legally required (e.g., safeguarding, court order, public interest), kept for no longer than necessary, and patients have rights to access, correct, and request deletion of their data; the dental practice must have a data protection policy, appoint a data controller, and report breaches to the ICO within 72 hours

Answer

Under the Data Protection Act 2018 (incorporating UK GDPR), dental practices must process patient data lawfully, fairly, and transparently. The six lawful bases for processing include consent and legitimate interests. Health data is a 'special category' requiring additional safeguards. Confidentiality may be breached without consent only when: legally required (court order, notifiable diseases), necessary for safeguarding (child protection, vulnerable adults), in the public interest (serious crime, fitness to drive), or required by regulators (GDC, CQC). Patients have rights under GDPR including access to records (Subject Access Request), correction, and portability. Data breaches must be reported to the Information Commissioner's Office (ICO) within 72 hours if they pose a risk to individuals.

Question 5

What is the Gillick competency test and how does it apply to dental treatment of children under 16?

Accepted Answer

Gillick competency (from Gillick v West Norfolk 1986) allows children under 16 to consent to treatment if they demonstrate sufficient maturity and understanding to fully comprehend what is proposed; however, a Gillick-competent child's refusal of treatment can be overridden by a parent or the court if treatment is in the child's best interests

Answer

Gillick competency (established in Gillick v West Norfolk and Wisbech AHA [1986]) recognises that children under 16 can consent to treatment if they have sufficient understanding and intelligence to fully comprehend the proposed treatment, its risks, and alternatives. The assessment is treatment-specific (a child may be competent for one procedure but not another). Important asymmetry: a Gillick-competent child can consent to treatment but their refusal can be overridden by a parent or the court acting in the child's best interests. For children aged 16-17, the Family Law Reform Act 1969 gives statutory right to consent (same as adults), but refusal can still be overridden. At 18, full adult autonomy applies.

MJDF Part 1 Practice Test

MJDF Part 1 Practice Test

MJDF Law Ethics and Professionalism