ORE Part 2 Dental Law & Ethics (GDC) 2 — Questions and Answers
Question 1: What is the GDC's approach to fitness to practise allegations involving criminal convictions?
- A criminal conviction is treated as proven fact; FtP proceedings assess whether it affects fitness to practise (Correct answer)
- Criminal courts take precedence — GDC never investigates convicted dentists
- A separate GDC investigation ignores the conviction
- GDC only investigates acquittals
Correct answer: A criminal conviction is treated as proven fact; FtP proceedings assess whether it affects fitness to practise
When a registrant receives a criminal conviction, the GDC treats the conviction as proven and focuses its FtP investigation on whether the conviction indicates that the registrant's fitness to practise is impaired.
Question 2: In the context of dental ethics, what does the principle of 'non-maleficence' mean?
- Do no harm; avoid treatments that cause unnecessary risk or suffering (Correct answer)
- Do good to the patient
- Respect the patient's autonomy
- Fair distribution of resources
Correct answer: Do no harm; avoid treatments that cause unnecessary risk or suffering
Non-maleficence ('do no harm') obligates dental professionals to avoid causing unnecessary harm through their interventions, weighing risks against benefits for each treatment.
Question 3: What action should a dentist take if they suspect a colleague is impaired (e.g., by substance misuse)?
- Report concerns to practice principal and NHS England/GDC if patient safety is at risk (Correct answer)
- Do nothing unless a formal complaint is received
- Ask the colleague directly and take no further action
- Inform the patient immediately
Correct answer: Report concerns to practice principal and NHS England/GDC if patient safety is at risk
GDC Standard 8 requires registrants to raise concerns about colleagues whose behaviour may put patients at risk; this is a professional duty, and patient safety overrides professional loyalty.
Question 4: What is 'Gillick competence' and how does it apply in dental practice?
- A minor under 16 who fully understands the nature and implications of treatment can consent independently (Correct answer)
- Children under 16 can never consent
- Only applies to contraception, not dentistry
- Parents must always consent for children under 18
Correct answer: A minor under 16 who fully understands the nature and implications of treatment can consent independently
Gillick competence allows children under 16 to consent to their own treatment if the clinician is satisfied they fully understand the treatment, its risks, and consequences without needing parental consent.
Question 5: What is the role of the 'responsible clinician' in relation to NHS dental treatment?
- The dentist who carries out and takes clinical responsibility for the patient's course of treatment (Correct answer)
- A practice manager
- An NHS England officer
- A referral specialist only
Correct answer: The dentist who carries out and takes clinical responsibility for the patient's course of treatment
The responsible clinician is the dental professional who has overall clinical responsibility for a patient's course of treatment, accountable for diagnosis, treatment planning, and delivery.
Question 6: What does the term 'duty of candour' require from dental professionals?
- Openness and honesty with patients when something goes wrong that causes harm (Correct answer)
- Reporting all incidents to the GDC directly
- Informing patients only when asked
- Completing an incident form only
Correct answer: Openness and honesty with patients when something goes wrong that causes harm
The professional duty of candour (GDC Standards, Standard 1.3) requires dental professionals to be open and honest with patients when they have experienced an unexpected outcome or been harmed during treatment.
What is the GDC's approach to fitness to practise allegations involving criminal convictions?