STANDARD 9: Patient’s Rights

9.1 General 

1. The dental organization shall protect and promote each patient’s rights.

2. The patient or the patient’s legal representative has the right to participate in the development and implementation of his or her plan of care.

3. When the patient has an advanced directive, the dental organization shall attempt to place a copy of this said directive on the dental record.

4. Decisions regarding planned treatment shall be provided to the patient or their legal representatives.

5. The patient has the right to personal privacy.

The right to personal privacy shall also include limiting the release or disclosure of patient information such as the patient’s presence in the facility or location in the dental organization, or personal information such as: a) name; b) age; c) address; d) health information – without prior consent from the patient.

6. The dental organization shall ensure that all persons are treated with respect and dignity in a safe and emotionally comfortable environment.

7. The dental organizations shall maintain access to competent individuals who have knowledge of medical terms to interpret or communicate with patients who do not speak the predominant language.

8. The dental organization shall provide appropriate assistance for those who are hearing impaired, vision impaired or have other specific communication needs.

9. The dental organization shall exercise care with property belonging to patient while it is under the dental organization’s care. When the property of a customer is lost, damaged, or otherwise found to be unsuitable for use, the dental organization shall report this to the patient or his family and retain documented information on what has occurred.

NOTE 1 A patient’s property can include personal belongings, medical equipment, medications, intellectual property, and personal/medical data.

9.2 Informed Consent 

1. The dental organization shall have a documented process for obtaining consent throughout its scope of services as required by national law.

When a procedure is contemplated that will likely affect a known co-morbidity identified by the requirements of section 15.2.1., the dental practitioner shall obtain an informed consent regardless of national law requirements.

NOTE 1 Some procedures may require consent.

Examples include but not limited to: a) high risk procedures; b) participation in research projects; c) filming or videotaping; d) use of local anesthetics in patients with organic heart disease e) use of moderate sedation.

2. When an informed consent is required, risks, benefits, and alternatives of the procedure(s) shall be explained to the patient by the attending dental practitioner in a language that the patient understands.

This explanation shall be documented on the dental/medical record by that practitioner (signed, dated, and timed).

3. Informed consent shall document and contain at least the following: 

a) name of patient, and when appropriate, patient’s legal guardian; 

b) name of dental organization; 

c) name of specific procedure(s) or dental treatment; 

d) name of the responsible practitioner who is performing the procedure(s) or administering the dental/medical treatment; 

e) a statement by the patient that risks, benefits, and alternatives to the procedure have been explained by their practitioner, and that their questions have been answered to their satisfaction; 

f) date and time the consent is completed by the patient or the patient’s legal representative to include an appropriate signature; 

g) date and time the consent is completed by practitioner including an appropriate signature h) compliance with any related advanced directives.

4. The process shall address how the rights of mentally incompetent patients shall be protected, and how decision made for these patients shall be accomplished (e.g. proxy consent, best interest decisions, etc.).

NOTE 2 Patients have a fundamental legal and ethical right to determine what treatments they receive. Valid consent to treatment is fundamental in all forms of dental care from providing personnel prior to undertaking related procedures. Such consent shall be considered valid when it is demonstrated that it is made: 

a) voluntarily; 

b) with reasonable information to make an informed, purposeful decision; 

c) by a mentally competent person.