ADA Principles of Ethics & Code of Professional Conduct | Page 7

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 .
Section 2 PRINCIPLE : NONMALEFICENCE (“ do no harm ”). The dentist has a duty to refrain from harming the patient .
This principle expresses the concept that professionals have a duty to protect the patient from harm . Under this principle , the dentist ’ s primary obligations include keeping knowledge and skills current , knowing one ’ s own limitations and when to refer to a specialist or other professional , and knowing when and under what circumstances delegation of patient care to auxiliaries is appropriate .
CODE OF PROFESSIONAL CONDUCT
2 . A . EDUCATION . The privilege of dentists to be accorded professional status rests primarily in the knowledge , skill and experience with which they serve their patients and society . All dentists , therefore , have the obligation of keeping their knowledge and skill current .
2 . B . CONSULTATION AND REFERRAL . Dentists shall be obliged to seek consultation , if possible , whenever the welfare of patients will be safeguarded or advanced by utilizing those who have special skills , knowledge , and experience . When patients visit or are referred to specialists or consulting dentists for consultation :
1 . The specialists or consulting dentists upon completion of their care shall return the patient , unless the patient expressly reveals a different preference , to the referring dentist , or , if none , to the dentist of record for future care .
2 . The specialists shall be obliged when there is no referring dentist and upon a completion of their treatment to inform patients when there is a need for further dental care .
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