NBDHE NBDHE Professional Ethics and Law 5 — Questions and Answers
Question 1: A dental hygienist receives a subpoena for a patient's dental records. The most appropriate response is to:
- Refuse to release any records to protect patient confidentiality
- Immediately release records directly to the requesting attorney
- Consult with the practice's legal counsel and follow proper legal procedures (Correct answer)
- Shred the records to prevent disclosure
Correct answer: Consult with the practice's legal counsel and follow proper legal procedures
A subpoena is a legal order requiring response; the hygienist should consult with legal counsel and follow established legal procedures for responding to subpoenas.
Question 2: Which form of supervision requires the dentist to be physically present in the office while a dental hygienist performs a procedure?
- General supervision
- Indirect supervision
- Direct supervision (Correct answer)
- Collaborative practice
Correct answer: Direct supervision
Direct supervision requires the dentist to be physically present in the treatment facility while the hygienist performs designated procedures.
Question 3: Veracity as an ethical principle in dental hygiene practice requires that the hygienist:
- Always comply with all patient requests regardless of clinical appropriateness
- Be truthful and honest in all communications with patients and colleagues (Correct answer)
- Prioritize the practice's financial interests above patient education
- Withhold unfavorable diagnostic information to protect the patient's emotional well-being
Correct answer: Be truthful and honest in all communications with patients and colleagues
Veracity obligates dental hygienists to be truthful and honest in all communications, including disclosing findings and providing accurate patient education.
Question 4: Under the Americans with Disabilities Act (ADA), a dental practice is generally required to:
- Provide free dental services to all patients with disabilities
- Make reasonable accommodations to ensure patients with disabilities have equal access to care (Correct answer)
- Refer all patients with disabilities to specialized facilities
- Redesign the entire facility regardless of cost to accommodate any disability
Correct answer: Make reasonable accommodations to ensure patients with disabilities have equal access to care
The ADA requires dental practices to make reasonable accommodations to provide equal access to patients with disabilities, unless doing so would impose an undue hardship.
Question 5: A dental hygienist practicing in a state that permits an expanded function such as local anesthesia administration should:
- Administer local anesthesia in any state, since federal law supersedes state law
- Only administer local anesthesia after receiving appropriate training and meeting state requirements (Correct answer)
- Administer local anesthesia if trained, regardless of state authorization
- Defer all anesthesia administration to the dentist in every state
Correct answer: Only administer local anesthesia after receiving appropriate training and meeting state requirements
Expanded functions are state-specific; the hygienist may only perform them in states that legally authorize the function and after meeting that state's training and certification requirements.
Question 6: When a dental hygienist documents 'patient tolerated procedure well' without recording specific clinical findings, this practice:
- Is acceptable because it saves documentation time
- Is considered thorough and legally protective documentation
- May be legally insufficient because it lacks specific, objective clinical information (Correct answer)
- Fully satisfies the standard of care for clinical recordkeeping
Correct answer: May be legally insufficient because it lacks specific, objective clinical information
Vague entries without specific clinical data may be considered legally insufficient; thorough documentation requires objective, factual, and specific entries.
Question 7: A dental hygienist who intentionally touches a patient without consent may be liable for which civil wrong?
- Negligence
- Battery (Correct answer)
- Defamation
- Breach of contract
Correct answer: Battery
Battery is the intentional, unconsented touching of another person; performing a procedure without patient consent can constitute battery in civil law.
NBDHE NBDHE Professional Ethics and Law 5
A dental hygienist receives a subpoena for a patient's dental records.
The most appropriate response is to: