South Carolina Code of Regulations › Chapter 39 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF DENTISTRY › Section 39-11 - Ethics

Current through Register Vol. 48, No. 6, June 28, 2024
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.
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 of
			 another dental practitioner, dentists shall provide any information in
			 accordance with applicable law that will be beneficial for the future treatment
			 of the patient.
ADVISORY OPINIONS
1.B.1.
		  CONFIDENTIALITY OF PATIENT RECORDS
The dominant theme in Code Section 1.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.