NBDE Professional Ethics and Management 5 — Questions and Answers
Question 1: Which document protects a dentist when treating a minor in an emergency without a parent present?
- A blanket consent form signed at registration
- The doctrine of implied consent for emergency care (Correct answer)
- A verbal agreement with the school administrator
- A HIPAA authorization form
Correct answer: The doctrine of implied consent for emergency care
The doctrine of implied consent allows treatment of minors (and incapacitated adults) in true emergencies when a guardian cannot be reached and delay would cause harm.
Question 2: Respondeat superior is a legal doctrine that holds:
- Patients responsible for injuries caused by their own negligence
- Employers liable for the negligent acts of employees acting within the scope of employment (Correct answer)
- Specialist dentists responsible for errors made by referring generalists
- Government agencies liable for licensing board decisions
Correct answer: Employers liable for the negligent acts of employees acting within the scope of employment
Respondeat superior ('let the master answer') makes employers vicariously liable for the negligent actions of employees performed during the course of employment.
Question 3: A dentist who abandons an ongoing patient relationship without adequate notice and transfer of care may be found liable for:
- Breach of confidentiality
- Patient abandonment, a form of negligence (Correct answer)
- Violation of OSHA standards
- Medicare fraud
Correct answer: Patient abandonment, a form of negligence
Patient abandonment occurs when a dentist unilaterally terminates care during active treatment without reasonable notice or help in finding another provider, exposing them to malpractice liability.
Question 4: Which federal law governs electronic transmission of dental claims and requires standard code sets?
- OSHA Act of 1970
- HIPAA's Administrative Simplification provisions (Correct answer)
- The Stark Law
- The False Claims Act
Correct answer: HIPAA's Administrative Simplification provisions
HIPAA's Administrative Simplification rules mandate the use of standard electronic transaction formats and code sets (including CDT codes) for dental claims processing.
Question 5: A dentist's fee-splitting arrangement with a dental lab — paying the lab less when it refers patients to the dentist — is ethically prohibited because it:
- Violates state fee schedule regulations
- Creates a financial conflict of interest that may compromise treatment decisions (Correct answer)
- Is illegal under federal anti-kickback statutes only
- Requires ADA pre-approval
Correct answer: Creates a financial conflict of interest that may compromise treatment decisions
Fee-splitting arrangements distort clinical judgment by making financial incentives rather than patient welfare the basis for referral and treatment decisions.
Question 6: When terminating a patient from a dental practice for non-compliance, which action is most appropriate?
- Send an immediate termination notice without further treatment
- Provide written notice, offer emergency care during a transition period, and assist with referrals (Correct answer)
- Simply stop scheduling appointments without formal notice
- File a complaint with the state dental board against the patient
Correct answer: Provide written notice, offer emergency care during a transition period, and assist with referrals
Proper patient dismissal requires written notice, continued emergency care for a reasonable transition period (typically 30 days), and assistance locating a new provider to avoid abandonment claims.
Question 7: Which financial metric best indicates a dental practice's short-term ability to pay its obligations?
- Net profit margin
- Current ratio (current assets ÷ current liabilities) (Correct answer)
- Accounts receivable days outstanding
- Gross production per provider
Correct answer: Current ratio (current assets ÷ current liabilities)
The current ratio measures liquidity by comparing current assets to current liabilities; a ratio above 1.0 indicates the practice can meet short-term financial obligations.
NBDE Professional Ethics and Management 5
Which document protects a dentist when treating a minor in an emergency without a parent present?