Copyright © 2012, 2006, 2000, 1996 by Saunders, an imprint of Elsevier Inc. Chapter 14 Legal Issues and the Dental Radiographer

Copyright © 2012, 2006, 2000, 1996 by Saunders, an imprint of Elsevier Inc.

Chapter 14Chapter 14

Legal Issues Legal Issues and the Dental Radiographerand the Dental Radiographer

Copyright © 2012, 2006, 2000, 1996 by Saunders, an imprint of Elsevier Inc. 2

Dental RadiographyDental Radiography

QuestionsQuestions What federal and state regulations affect the use What federal and state regulations affect the use

of dental x-ray equipment?of dental x-ray equipment? What is the legal concept of “informed consent”?What is the legal concept of “informed consent”? What are the legal implications of patient refusal to What are the legal implications of patient refusal to

have dental radiographs exposed?have dental radiographs exposed?



Chapter 14 Reading:Chapter 14 Reading: Iannucci & Howerton (pp. 135-139)Iannucci & Howerton (pp. 135-139)



Chapter 14 OutlineChapter 14 Outline Legal Issues and the Dental RadiographerLegal Issues and the Dental Radiographer

Legal issues and dental radiographyLegal issues and dental radiography Legal issues and the dental patientLegal issues and the dental patient


IntroductionIntroduction

PurposePurpose To discuss general legal concepts, including To discuss general legal concepts, including

various regulations as they apply to the dental various regulations as they apply to the dental radiographer who exposes dental radiographs for radiographer who exposes dental radiographs for patient carepatient care

To address the issues of confidentiality and To address the issues of confidentiality and documentationdocumentation


Legal Issues Legal Issues and the Dental Radiographerand the Dental Radiographer

Laws exist that govern the use of ionizing Laws exist that govern the use of ionizing radiation in dentistry.radiation in dentistry. The dental auxiliary must be informed of and The dental auxiliary must be informed of and

comply with these regulations.comply with these regulations. The possibility of negligent care exists when The possibility of negligent care exists when

dental radiographs are not properly exposed or dental radiographs are not properly exposed or used.used.


Legal Issues and Dental RadiographyLegal Issues and Dental Radiography

Federal and State RegulationsFederal and State Regulations Licensure RequirementsLicensure Requirements


Federal and State RegulationsFederal and State Regulations Iannucci & Howerton (pp.135-136)Iannucci & Howerton (pp.135-136)

Federal governmentFederal government Requirements include safety precautions affecting Requirements include safety precautions affecting

the use of dental x-ray machines made and sold in the use of dental x-ray machines made and sold in the United States.the United States.

State, county, and city lawsState, county, and city laws


Licensure RequirementsLicensure Requirements Iannucci & Howerton (p. 136)Iannucci & Howerton (p. 136)

May include:May include: Obtaining additional certification in dental Obtaining additional certification in dental

radiographyradiography Exposing dental radiographs only under the direct Exposing dental radiographs only under the direct

supervision of the dentistsupervision of the dentist Following restrictions concerning the types of Following restrictions concerning the types of

dental radiographs that may be legally exposeddental radiographs that may be legally exposed


Legal Issues and the Dental PatientLegal Issues and the Dental Patient

Risk ManagementRisk Management Malpractice IssuesMalpractice Issues Patient RecordsPatient Records Patients Who Refuse RadiographsPatients Who Refuse Radiographs


Risk ManagementRisk Management Iannucci & Howerton (pp. 136-137)Iannucci & Howerton (pp. 136-137)

The policies and procedures that should be The policies and procedures that should be followed by the dental radiographer to reduce followed by the dental radiographer to reduce the chances that a patient will file legal action the chances that a patient will file legal action against the dental radiographer or the against the dental radiographer or the supervising dentistsupervising dentist


Risk ManagementRisk Management

Informed consentInformed consent Self-determinationSelf-determination

• Persons seeking health care services have the legal right Persons seeking health care services have the legal right to make choices about the care they receive, including to make choices about the care they receive, including the opportunity to consent to or to refuse treatment.the opportunity to consent to or to refuse treatment.


Informed ConsentInformed Consent Information presented to the patient should Information presented to the patient should

include:include: The purpose and potential benefits of the radiographsThe purpose and potential benefits of the radiographs The person responsible for exposing the radiographsThe person responsible for exposing the radiographs The number and type of radiographsThe number and type of radiographs The possible harm that may result if the radiographs The possible harm that may result if the radiographs

are not exposedare not exposed The risks associated with x-ray exposureThe risks associated with x-ray exposure The alternative diagnostic aids that may serve the The alternative diagnostic aids that may serve the

same purpose as the radiographssame purpose as the radiographs


Informed ConsentInformed Consent

DisclosureDisclosure The process of informing the patient about the The process of informing the patient about the

particulars of exposing dental radiographsparticulars of exposing dental radiographs Informed consentInformed consent

Defined as consent given by the patient following Defined as consent given by the patient following complete disclosure complete disclosure


LiabilityLiability

Dentists are legally accountable or liable to Dentists are legally accountable or liable to supervise the performance of dental supervise the performance of dental auxiliaries.auxiliaries.


Malpractice IssuesMalpractice Issues Iannucci & Howerton (p. 137)Iannucci & Howerton (p. 137)

MalpracticeMalpractice Results when the dental practitioner is negligent in Results when the dental practitioner is negligent in

the delivery of dental carethe delivery of dental care NegligenceNegligence

When the diagnosis made or the dental treatment When the diagnosis made or the dental treatment delivered falls below the standard of caredelivered falls below the standard of care


Malpractice IssuesMalpractice Issues

Standard of careStandard of care The quality of care that is provided by dental The quality of care that is provided by dental

practitioners in a similar locality under the same or practitioners in a similar locality under the same or similar conditions similar conditions

Statute of limitationsStatute of limitations The time period during which a patient may bring a The time period during which a patient may bring a

malpractice action against the dentist or auxiliarymalpractice action against the dentist or auxiliary


Patient RecordsPatient Records Iannucci & Howerton (p. 137)Iannucci & Howerton (p. 137)

DocumentationDocumentation Informed consentInformed consent Number and type of radiographs exposedNumber and type of radiographs exposed Rationale for exposing such radiographsRationale for exposing such radiographs Diagnostic information obtained from the Diagnostic information obtained from the

interpretation of the radiographsinterpretation of the radiographs ConfidentialityConfidentiality


Ownership and Retention Ownership and Retention of Dental Radiographsof Dental Radiographs

Iannucci & Howerton (pp. 137-138)Iannucci & Howerton (pp. 137-138) Legally, dental radiographs are the property Legally, dental radiographs are the property

of the dentist.of the dentist. Patients do have the right of reasonable access to Patients do have the right of reasonable access to

their records.their records. Dental records and dental radiographs should be Dental records and dental radiographs should be

retained indefinitely.retained indefinitely.


Patients Who Refuse Patients Who Refuse Dental RadiographsDental Radiographs

Iannucci & Howerton (p. 138)Iannucci & Howerton (p. 138) The situation must be carefully considered by The situation must be carefully considered by

the dentist.the dentist. The dentist must decide whether an accurate The dentist must decide whether an accurate

diagnosis can be made and whether treatment can diagnosis can be made and whether treatment can be provided.be provided.

Documents

Copyright © 2012, 2006, 2000, 1996 by Saunders, an imprint of Elsevier Inc. Chapter 14 Legal Issues and the Dental Radiographer