| SECTION
1 — Principle: Patient
Autonomy ("self-governance")
The dentist has a duty to respect the patient's rights to
self-determination
and confidentiality.
This principle expresses the concept that professionals have
a duty to treat the patient according to the patient's desires,
within the bounds of accepted treatment, and to protect the
patient's confidentiality. Under this principle, the dentist's
primary obligations include involving patients in treatment
decisions in a meaningful way, with due consideration being
given to the patient's needs, desires and abilities, and safeguarding
the patient's privacy.
- Code of Professional Conduct
1. A. Patient Involvement
1. B. Patient Records
- Advisory Opinions
1. B. 1. Furnishing Copies of Records
1. B. 2. Confidentiality of Patient Records
Code
of Professional Conduct
1.A. Patient Involvement. The dentist should inform the patient of the proposed treatment,
and any reasonable alternatives, in a manner that allows the
patient to become involved in treatment decisions.
1.B. Patient Records. Dentists
are obliged to safeguard the confidentiality
of patient records. Dentists shall maintain patient records
in a manner consistent with the protection of the welfare of
the patient. Upon request of a patient or another dental practitioner,
dentists shall provide any information
in accordance with applicable law
that will be beneficial for the future
treatment of that patient.
Return to Top Advisory Opinions
1.B.1. Furnishing Copies
of Records. A dentist has the ethical obligation on request of either the
patient or the patient's new dentist to furnish in accordance
with applicable law, either gratuitously or for nominal cost,
such dental records or copies or summaries of them, including
dental X-rays or copies of them, as will be beneficial for
the future treatment of that patient. This obligation exists
whether or not the patient's account is paid in full.
1.B.2. Confidentiality of
Patient Records. The dominant theme in Code Section
l-B is the protection of the confidentiality of a patient's
records. The statement
in this section that relevant information
in the records should be released to another dental practitioner
assumes that the
dentist requesting the information is
the patient's present dentist. There may be circumstances
where the former dentist
has an ethical obligation to inform the
present dentist of certain facts. Code Section 1.B. assumes
that the dentist
releasing relevant information is acting
in accordance with applicable law. Dentists should be
aware that the laws of
the various jurisdictions in the United
States are not uniform, and some confidentiality laws
appear to prohibit the transfer
of pertinent information, such as HIV
seropositivity. Absent certain knowledge that the laws
of the dentist's jurisdiction
permit the forwarding of this information,
a dentist should obtain the patient's written permission
before forwarding
health records which contain information
of a sensitive nature, such as HIV seropositivity, chemical
dependency or sexual
preference. If it is necessary for a
treating dentist to consult with another dentist or physician
with respect to the patient,
and the circumstances do not permit the
patient to remain anonymous, the treating dentist should
seek the permission
of the patient prior to the release of
data from the patient's records to the consulting practitioner.
If the patient refuses,
the treating dentist should then contemplate
obtaining legal advice regarding the termination of the
dentist/patient relationship
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