RDA State Dental Practice Act and Legal/Ethical Responsibilities 5 — Questions and Answers
Question 1: A parent calls to inquire about their 17-year-old child's dental treatment. Under HIPAA, when can the dental office share this information without the minor's consent?
- Never — minors always have full privacy rights
- When the parent is the legal guardian and the minor has not requested confidentiality (Correct answer)
- Only if the minor is being treated for a communicable disease
- Only after the treating dentist approves each request
Correct answer: When the parent is the legal guardian and the minor has not requested confidentiality
Parents who are legal guardians generally have access to a minor's health records unless an exception applies, such as emancipation or treatment for sensitive services.
Question 2: Which legal concept refers to the unintentional application of force to a patient without consent, such as proceeding with treatment after a patient withdraws consent?
- Fraud
- Battery (Correct answer)
- Slander
- Negligence
Correct answer: Battery
Battery in dentistry occurs when treatment is performed without consent or after consent has been withdrawn, even if no harm results.
Question 3: A dental office uses a patient's before-and-after photos in a social media marketing post without written consent. This is a violation of which principle?
- Nonmaleficence
- Patient confidentiality and HIPAA privacy rules (Correct answer)
- Beneficence
- Standard of care
Correct answer: Patient confidentiality and HIPAA privacy rules
Using identifiable patient photos without written authorization violates HIPAA's Privacy Rule and patient confidentiality rights.
Question 4: The State Dental Board has the authority to take which action against a dental assistant who violates the Dental Practice Act?
- File a criminal indictment
- Suspend or revoke the assistant's license or certificate (Correct answer)
- Impose prison sentences
- Order the employer to terminate the assistant
Correct answer: Suspend or revoke the assistant's license or certificate
The State Dental Board can suspend, revoke, or place conditions on a dental assistant's license or certificate for violations of the Dental Practice Act.
Question 5: When a patient signs an informed consent form, what must they be told to make the consent legally valid?
- Only the cost of the procedure
- The nature of the procedure, risks, benefits, and alternatives (Correct answer)
- That all dental procedures are risk-free
- The dentist's educational credentials
Correct answer: The nature of the procedure, risks, benefits, and alternatives
Valid informed consent requires disclosure of the procedure, its material risks and benefits, and available alternatives so the patient can make an informed decision.
Question 6: A dental assistant overhears a colleague falsely telling a patient that another dentist in town was disciplined for malpractice. This could constitute which tort?
- Assault
- Defamation (slander) (Correct answer)
- Battery
- Invasion of privacy
Correct answer: Defamation (slander)
Making false spoken statements that damage another person's reputation is slander, a form of defamation.
Question 7: Which of the following best describes the ethical principle of 'veracity' as it applies to dental assistants?
- Treating all patients equally regardless of background
- Being truthful and honest with patients and colleagues (Correct answer)
- Avoiding any action that could harm the patient
- Respecting the patient's right to make their own decisions
Correct answer: Being truthful and honest with patients and colleagues
Veracity is the ethical obligation to be truthful and accurate in all professional communications with patients and team members.
RDA State Dental Practice Act and Legal/Ethical Responsibilities 5
A parent calls to inquire about their 17-year-old child's dental treatment.
Under HIPAA, when can the dental office share this information without the minor's consent?