Chapter 3 - Legal and Ethical issues

Question 1

who is the GDC?

Answer 1

The GDC is the regulatory body of the dental profession. In 2006, it opened the Dental Care Professionals Register, so that all other persons involved in the dental care of patients had to become registered with it.

Question 2

Duty of care within the dental profession

Answer 2

• maintain their professional registration
• ensure that all patients have equal rights
• work within their professional level level of competence
• undertake lifelong learning in their areas of competence
• be able to demonstrate their fitnes to practise

Question 3

Student professionalism

Answer 3

• correct response to the standards required during training
• demonstration of appropriate attitudes and behaviour towards patients and colleagues at all times
• recognition of personal knowledge, work and health limitations and ability to know when to seek help and support from others
• knowledge of how to respond appropriately when performance issues have been raised including how to accept help and support when offered

Question 4

Fitness to practise guidance

Answer 4

potential areas of concern:
- criminal conviction / caution
- drug or alcohol misuse
- aggressive, violent or threatening behaviour
- persistent inappropriate attitude
- cheating or plagiarism
- dishonesty or fraud
- unprofessional behaviour / attitude
- health concerns

Question 5

GDC standards

Answer 5

1. put patients’ interests first
2. communicate effectively with patients
3. obtain valid consent
4. maintain and protect patients’ information
5. have a clear and effective complaints procedure
6. work with colleagues in a way that is in the patient’s best interest
7. maintain, develop, and work within your professional knowledge and skills
8. raise concerns if patients are at risk
9. make sure your personal behaviour maintains patients’ confidence in you and the dental profession

Question 6

Principle 1 : put the patients interest first

Answer 6

standards:
- listen to your patients
- treat every patient with dignity and respect at all times
- be honest and act with integrity
- take a holistic and preventative approach to patient care which is appropriate to the individual patient
- treat patients in a hygienic and safe environment
- treat patients fairly, as individuals and without discrimination
- put patients interest before your own or those of any colleague, business or organisation
- have appropriate arrangements in place for patients to seek compensation if they have suffered harm
- find out about laws and regulations that affect your work and follow them

Question 7

Principle 2 : communicate effectively with patients

Answer 7

standards:
- listen to them and give them time to consider information, taking their views and individual needs into consideration
- recognise and promote patients’ rights and responsibilities for making decisions about their health priorities and care- give patients the information they need, in a way they can understand, so that they can make informed decisions
- give patients clear information about costs

Question 8

Principle 3: obtain valid consent

Answer 8

standards:
- obtain valid consent before starting treatment, explaining all the relevant options and the possible costs
- make sure that patients/ representatives understand the decisions they are being asked to make
- make sure that the patient consent remains valid at each stage of investigation or treatment

Question 9

Principle 4 : maintain and protein patients’ information

Answer 9

standards:
- make and complete contemporaneous, complete and accurate patient records
- protect the confidentiality of patients information and only use it for the purpose for which it was given
- only release a patients information without their permission in exceptional circumstances
- ensure that patients can have access to their records
- keep patients information secure at all times, whether your records are held on paper or electronically

Question 10

principle 5: have a clear and effective complaints procedure

Answer 10

standards:
- make sure that there is an effective complaints procedure readily available for patients to use, and follow that procedure at all times
respect
- respect a patients right to complain
- give patients who complain a prompt and constructive response

Question 11

Principle 6: work with colleagues in a way that is in patients best interests

Answer 11

standards:
- work effectively with your colleagues and contribute to good teamwork
- be appropriately supported when treating patients
- delegate and refer appropriately and effectively
- only accept a referral or delegation if you are trained and competent to carry out the treatment and you believe that what you are asked to do is appropriate for the patient
- communicate clearly and effectively with other team members and colleagues in the interests of patients
- demonstrate effective management and leadership skills if you manage a team

Question 12

principle 7 : maintain , develop and work within your professional knowledge and skills

Answer 12

standards:
- provide good quality care based on current evidence and authoritative guidance
- work within your knowledge, skills, professional competence and abilities
- update and develop your professional knowledge and skills throughout your working life

Question 13

principle 8: raise concerns if patients are at risk

Answer 13

standards:
- always put patients safety first
- act promptly if patients or colleagues are at risk and take measures to protect them
- make sure if you employ, manage or lead a team that you encourage and support a culture where staff can raise concerns openly and without fear of reprisal
- make sure if you employ, manage or lead a team that you encourage and support a culture where staff can raise concerns openly and without fear of reprisal
- make sure if you employ, manage or lead a team that there is an effective procedure in place for raising concerns, that the procedure is readily available to all staff and that it is followed at all times
- take appropriate action if you have concerns about the possible abuse of children or vulnerable adults

Question 14

principle 9 : make sure your personal behaviour maintains patients confidence in you and the dental profession

Answer 14

standards:
- ensure that your conduct , both at work and in your persoanl life, justifies patients trust in you and the publics trust in the dental profession
- protect patients and colleagues from risks posed by your health, conduct or performance
- inform the GDC if you are subject to criminal proceedings or a regulatory finding is made against you, anywhere in the world
- cooperate with any relevant formal or informal inquiry and give full and truthful information

Question 15

informed consent

Answer 15

• the patient must be given full information about the treatment offered to be able to make an informed decision as to whether they wish to proceed or not
• the information must be given in a way that the patient understands and this may involve the use of visual aids an interpreter or sign language
• the patient must have all their questions answered in an understandable way, without the use of dental terminology if it is not appropriate

Question 16

specific consent

Answer 16

this is consent gained expressly for each stage of the treatment, it should not be assumed that consent has been granted for the full course of treatment

Question 17

valid consent

Answer 17

in order for consent to be valid it must be :
informed, specific and given by the patient or their parent or guardian

Question 18

who can give consent?

Answer 18

the patient must be able to :
- understand what is wrong
- understand that it requires treatment to make it right
- understand the consequences of undergoing or declining treatment
- be able to communicate their decision

Question 19

confidentiality of patient records

Answer 19

the specific legislation that applies to issues of patient health information and confidentiality is as follows:
- data protection act 1998 and GDPR 2018
- access to health records act 1990
- freedom of information act 2000

Question 20

in house complaint procedure

Answer 20

you can seek advice from Public Concern at Work, an independant authority that provides free, confidential advice to people who are not sure to raise concerns about practices they have seen at work

Question 20

disclosure without patients consent

Answer 20

under normal circumstances, information about a patient can only be disclosed to a third party with the patient’s written consent. however, there are some circumstances under which the dentist has a statutory obligation to disclose the necessary information or has a legal right to do so.

Question 21

safeguarding

Answer 21

the term used to describe the actions required to protect children and vulnerable adults from abuse and neglect by another person.

Question 22

types of abuse

Answer 22

abuse is when there is a violation of a person’s human and civil rights by another person.
- neglect
- physical abuse
- emotional abuse
- sexual abuse

Question 23

Neglect

Answer 23

neglect is the persistent failure to meet the child or vulnerable adults basic physical and or psychological needs : adequate food, clothing , shelter , supervision, medical and dental treatment , emotional support and so on. lack opf any of these needs over a period of time is likely to result in the serious impairment of the victims health, development of well-being

Question 24

physical abuse

Answer 24

physical abuse involves anything that causes physical harm to the victim- hitting, shaking, scalding, burning, biting - but also the fabrication of symptoms or deliberately causing illness in the victim, such as forcing dangerous levels of salt intake on the victim to produce coma