Deck 22: Ethical and Legal Issues

Question 1

A state dental board or dental hygiene committee monitors the behavior of licensed oral health care providers and recommends sanctions for individuals who violate a state dental practice act because:

A)It is an obligation outlined in the ADHA Code of Ethics
B)A federal statute requires states to create a board or committee
C)State boards or dental hygiene committees are created for the protection of the public
D)Accrediting agencies require states to create state boards of dentistry or dental hygiene committees
E)Dental hygiene and dental schools cannot suspend a dental professional's license

Answer 1

State boards or dental hygiene committees are created for the protection of the public

Question 2

A dental provider and a client discuss a proposed dental hygiene treatment plan. The written plan outlines the treatment, the fees, the client's financial obligations, and the expectations of the provider concerning the client's responsibilities. The provider and client sign the treatment plan. The situation BEST describes:

A)An express contract
B)An implied contract
C)An ethical obligation
D)A noncontractual agreement
E)An insurance agreement

Answer 2

An express contract

Question 3

A client is scheduled with the dentist who examines the client, develops a treatment plan, and obtains informed consent. The client nods in agreement and indicates that he or she will be scheduling further appointments. On the basis of the dentist's and client's actions, which of the following may exist?

A)Express contract
B)Implied contract
C)Insurance contract
D)Lease contract
E)None of the above

Answer 3

Implied contract

Question 4

A dental hygienist performs a procedure on a client that is outside the state's defined scope of practice. Following a hearing by the state's dental hygiene committee, the dental hygienist's license is suspended for 6 months. As required by state law, the information about the suspension is posted on a Web site that publishes license status and is available to the public. Which of the following characteristics of a profession do these actions support?

A)Identifiable membership with autonomy of practice
B)Strong service orientation
C)Intellectual work and promotion of a body of knowledge in the field
D)Self-regulation
E)Adherence to a code of ethics

Question 5

A(n) ________ offense is a wrongful act against a person for which financial satisfaction is sought whereas a(n) ________________ offense is a wrongful act against society.

A)Administrative; civil
B)Civil; criminal
C)Criminal; civil
D)Criminal; administrative
E)Administrative; criminal

Question 6

A dental hygienist observes clinical findings that may indicate child abuse. Her employer refuses to report the abuse and suggests if the dental hygienist does take action, she may lose her job. The dental hygienist decides to report the abuse. Which of the following ethical theories do the dental hygienist's actions BEST follow?

A)Act utilitarianism
B)Rule utilitarianism
C)Act deontology
D)Rule deontology

Question 7

Following a discussion with a client concerning proposed dental hygiene treatment, including the treatment alternatives, risks and benefits, and outcomes, the client accepts and signs an informed consent form. Which of the ethical principles guiding oral health care did the process of obtaining informed consent satisfy?

A)Autonomy
B)Confidentiality
C)Justice
D)Trust
E)Veracity

Question 8

The dental hygiene treatment plan includes root planing and scaling, using a local anesthetic agent. The client repeatedly indicates that the dental hygienist "need not work below the gumline." The dental hygienist is aware that the clients' request will result in poor quality (substandard) care. The dental hygienist continues to educate the client about the appropriate treatment. Which of the following ethical principles is guiding the dental hygienist in the interactions with the client?

A)Beneficence
B)Confidentiality
C)Fidelity
D)Justice
E)Veracity

Question 9

A dental office employs a dental hygiene student approximately 6 months before graduation. The dentist in the office was scheduled to provide a maintenance visit with a client. However, an emergency client is also waiting to be assessed for care. The dentist asks the dental hygiene student to provide a "quick cleaning." Which of the following contractual responsibilities to the client is the dentist violating?

A)Using standard drugs, materials, and techniques
B)Maintaining an appropriate level of knowledge
C)Allowing a licensed individual to exceed their scope of practice
D)Delegating responsibilities to an unlicensed individual
E)Providing care in a timely manner

Question 10

A dental hygienist has allegations of professional misconduct reported to the state board. A hearing is conducted, and the dental hygienist has an opportunity to hear the allegations and respond to them. These actions best demonstrate:

A)Protection of freedom of speech
B)Protection of the dental hygienist's civil rights
C)Protection of due process
D)Protection against discrimination
E)Protection against defamation

Question 11

The trial for a dental hygienist alleged to have committed negligence is complete. The judge prepares to give the jury instructions specifically the level of proof that the jury must consider to make their decision about the guilt or innocence of the defendant. Which of the following levels of proof will the judge inform the jury that they should consider in their deliberations?

A)Beyond a reasonable doubt
B)Preponderance of the evidence
C)Burden of proof
D)Substantial proof
E)Evidence

Question 12

Which of the following statements from the ADHA Code of Ethics provides guidance to the dental hygienist about obligations to report cases of suspected abuse or violence against adults, children, or both?

A)Comply with local, state, and federal statutes that promote public health and safety
B)Avoid self-deception and continually strive for knowledge and personal growth
C)Serve as an advocate for the welfare of clients
D)Respect the confidentiality and privacy of data
E)Comply with local, state, and federal statutes that promote public health and safety; serve as an advocate for the welfare of clients

Question 13

A new client presents to the dental office for treatment. Client demographic and clinical data are collected and reviewed by the dentist and the dental hygienist who together determine that the case is too complex for the office to handle and suggest the client seek another provider. The client is informed that he or she will not be accepted into the practice. Which statement BEST describes this situation?

A)The dentist cannot refuse to treat any client once data are collected
B)The dentist can decline accepting the client
C)The dentist should not have collected the client data
D)A dentist must treat a client at least once before the referral
E)None of the above; the dentist must accept and treat the client

Question 14

A dental hygienist is seeking to apply for a dental hygiene license in the state in which the hygienist recently relocated. The license application asks the applicant to indicate whether he has been convicted of any felonies. A felony is:

A)A violation of the dental or dental hygiene practice act which resulted in harm and a sanction from the state board or dental hygiene committee
B)A minor crime that involved a fine of less than $1000 and imprisonment of less than 1 year
C)A serious crime that involved a fine of more than $1000 and imprisonment of more than 1 year
D)A violation of someone's civil rights resulting in an allegation of discrimination
E)A licensing application is not allowed to request information about convictions

Question 15

A client's contractual responsibilities include:

A)The client must provide truthful answers concerning health status
B)The client must cooperate in care
C)The client must pay appropriate fees
D)The client must provide truthful answers concerning health status and must pay an appropriate fees
E)The client must provide truthful answers concerning health status, must cooperate in care, and must pay an appropriate fee

Question 16

A local dental hygiene component society collaborates with the faculty in a dental hygiene program conducting a research project about the impact of a new mouthrinse on burning mouth syndrome in perimenopausal women. Which of the following characteristics of a profession does this research project support?

A)Identifiable membership with autonomy of practice
B)Strong service orientation
C)Intellectual work and promotion of a body of knowledge in the field
D)Self-regulation
E)Adherence to a code of ethics

Question 17

A former client brings a lawsuit against a dental hygienist for negligence. The client alleges the incident occurred 10 years ago. The state has designed a specific period of only 2 years in which a lawsuit for negligence can be filed. This defined period of time is known as:

A)Civil rights protections
B)Tort reform
C)Statute of limitations
D)Stare decisis
E)Caveat

Question 18

A city council votes to allocate health department funds for a dental sealant program. After consultation with appropriate individuals, the council determines that children enrolled in either a hot lunch program or a state-funded program for medical services for children from low-income families should receive the sealants. On which principle of allocation of resources is this determination based?

A)Contribution
B)Equity
C)Effort
D)Need
E)Merit

Question 19

The Hippocrates' Code of Ethics is an example of an early ethical code that advocated that health providers should do no harm. Which universal ethical principle best identifies the supports this recommendation?

A)Autonomy
B)Fidelity
C)Justice
D)Nonmaleficence
E)Veracity

Question 20

A client Bill of Rights provides:

A)A list of the proposed treatment with the associated fees for the services provided
B)A legal document that provides guidance to a client during a legal proceeding such as a lawsuit
C)A comprehensive list of all the procedures and services provided in a dental office or dental clinic
D)An outline of client expectations and guidelines for provider conduct
E)Rights created by the dental board or dental hygiene board of examiners in each state for client education

Question 21

A dental hygienist has a number of mannerisms that include purposefully using a loud voice and waving syringes and handpieces in a threatening manner. The dental hygienist is aware of the actions and the potential impact it may have on a client. Which of the following intentional torts may the dental hygienist be accused of?

A)Assault
B)Battery
C)Harm
D)Misrepresentation
E)Negligence

Question 22

The client fails to pay the balance due on dental treatment charges in spite of repeated notices. Which of the following civil violation occurred?

A)Client negligence
B)Dental negligence
C)Abandonment
D)Breach of contract
E)Dental fraud

Question 23

A dental hygienist is terminated from a full-time position in a dental office with 25 employees. The dental hygienist suspects the reason for the termination is based on age, as the dental hygienist recently turned 65. Which of the following federal regulations provides legal protection for the employee?

A)Age Discrimination Act of 1967
B)Civil Rights Act of 1964
C)Fair employment statutes
D)The state dental practice act

Question 24

Adam is scheduled for sealants on his four first molars. The chart indicates that Adam is somewhat uncooperative during dental appointments. As the appointment progresses, the dental hygienist and the dental assistant become more aggravated at Adam's uncooperative actions. During the appointment the assistant holds Adam's hands down. At one point, the dental hygienist firmly takes Adam's chin to position his face. At the end of the appointment, red marks are seen on Adam's hands and cheeks. As he enters the reception area, Adam's mother looks at her son and says to the assistant, "What did you do to my son?" Which of the following might the dental hygienist and the assistant be accused of?

A)Assault
B)Battery
C)Harm
D)Misrepresentation
E)Negligence

Question 25

A dental provider is informed that he will be facing a hearing concerning an allegation that the provider violated the state dental practice act. The notice provides the date of the hearing and indicates that the provider will have an opportunity to respond to the allegations. This situation BEST describes:

A)Protections provided by the Civil Rights Act of 1964
B)Protections provided by Due Process
C)Protections provided by Equal Protection
D)Protections provided by the Fair Trade Act
E)Protections provided by Worker's Compensation

Question 26

A dental hygienist realizes that an entry made 2 days ago in a client's dental record incorrectly recorded the number of carpules that were used for anesthesia. The dental hygienist obtains the record to correct the entry. Which is the appropriate method to make a correction?

A)Use a liquid paper substance to cover the entry; rewrite the correct entry on the next available line
B)Use a dark marker to cover over the entry; rewrite the correct entry on the next available line
C)Indicate a correction to the previous entry, and write the correct information on the next available line
D)Identify the original entry, and write the correction above the incorrect entry
E)Verbally inform someone at the office of the incorrect entry

Question 27

Dr. Miller recently joined a private practice as a partner. The office staff can check email or order supplies using the Internet from a computer in the staff lounge. The staff, mostly female, use the staff lounge to eat their lunch. During lunch, Dr. Miller frequently logs on to read his email. He usually reads his email, laughs out loud, and without anyone asking, proceeds to read some of the jokes, poems, and "stories" out loud. Most of the jokes would be considered crude or inappropriate. Which of the following types of sexual harassment may be occurring in this office?

A)Carpe diem
B)Hostile environment
C)Quid pro quo
D)Civil rights laws
E)Caveat

Question 28

To assist in maintaining competence and reduce the risks of malpractice allegations, it is advisable for a dental provider to:

A)Maintain membership in a professional organization.
B)Participate in continuing education courses
C)Purchase malpractice liability insurance
D)Understand legally protected employee rights
E)Rely on colleagues to provide peer feedback

Question 29

A client requests and is allowed to review her dental record. Which of the following regulations supports this?

A)Health Insurance Portability and Accountability Act (HIPAA)
B)Occupational Health and Safety Act (OSHA)
C)Protected Health Information (PHI)
D)Health Care Integrity and Protection Data Bank (HIPDB)
E)None of the above; clients do not have a right to review their dental record

Question 30

The level of care a reasonably prudent practitioner would provide in the same or similar circumstances BEST describes:

A)Duty
B)Ethical behavior
C)Professionalism
D)Scope of practice
E)Standard of care

Question 31

All of the following make up the key elements of obtaining an informed refusal EXCEPT one. Which one is the EXCEPTION?

A)The form must be printed
B)The client needs to know the oral and general health implications of the refusal
C)The explanation must be understood by the client
D)The reasons a procedure is recommended as well as the alternatives need to be outlined
E)The refusal form should be signed

Question 32

A dentist colleague of yours is accused of a serious criminal violation against a client. Following the trial, the jury will be asked to judge the facts and make a decision based on the standard:

A)Beyond a reasonable doubt
B)Preponderance of the evidence
C)Burden of proof
D)Substantial proof
E)Harm

Question 33

A dental employer has the dental license suspended by the board of dentistry for inappropriate delegation to a dental staff employee. This adverse action requires:

A)A report filed with the American Dental Association
B)A report filed with the American Dental Hygienists' Association
C)A report filed with the Health Care Integrity and Protection Data Bank
D)A report filed with the National Practitioner Data Bank
E)A report filed with the Health Information Portability and Accountability Act

Question 34

A 17-year-old client presents to the practice for an appointment. He indicates that he is employed, is living in an apartment, and does not rely on his parents or family members for financial support. This BEST describes:

A)A compromised minor
B)A disenfranchised minor
C)An emancipated minor
D)An independent minor

Question 35

A dental office receives a request for a copy of dental records to assist in identifying recently discovered human remains. For which of the following purposes are the dental records being used?

A)Tool for quality assurance and management
B)Reference material in litigation proceedings
C)Resource in forensic identification
D)Assists in providing data for research projects
E)Resource for members of the dental team

Question 36

An employer indicates that an employee will be eligible for a raise if he or she agrees to some requests of a sexual nature. Which type of sexual harassment does this BEST describe?

A)Employer harassment
B)Environmental harassment
C)Gender-based harassment
D)Hostile environment
E)Quid pro quo

Question 37

The state legislature of a Midwest state recently passed legislation to increase the reimbursement for dental services. The services are provided by dentists in the state and funded by the social services division of the state public health department. This increased support was the result of the identification of increased dental needs for citizens in the state and an inability to identify providers willing to provide care because reimbursement rates were minimal. Which of the following aspects of creating public health policy do the actions of the state legislature support?

A)Action
B)Analysis
C)Goal
D)Federal-state partnerships
E)Social justice

Question 38

All of the following statements accurately explain some aspect of ethics EXCEPT one. Which one is the EXCEPTION?

A)The focus of virtue ethics is on character of the individual
B)Principalism uses various ethical principles and applies one or more of them
C)Society is governed by the rules and regulations developed to protect its citizens from harm
D)An act or behavior may be unethical and illegal
E)Professional codes of ethics provide guidelines for decision making in one's professional life

Question 39

The dental hygienist is root planing and scaling and removes a portion of a client's amalgam during the procedure. The dental hygienist fails to inform the client who later experiences pain and swallows a portion of the remaining restoration. The intentional tort committed is:

A)Negligence
B)Assault
C)Misrepresentation
D)Abandonment

Question 40

The importance of confidentiality about client information has been supported by the:

A)Health Care Integrity and Protection Data Bank
B)Health Information Portability and Accountability Act
C)Health Information Technology for Economic and Clinical Health (HITECH) Act
D)Health Information Portability and Accountability Act and Health Information Technology for Economic and Clinical Health (HITECH) Act
E)The state dental practice act

Question 41

An insurance program that is regulated by the state's insurance commission to protect employees if they become seriously ill or injured as a result of conditions in the workplace BEST describes:

A)Health Insurance
B)Malpractice Insurance
C)Professional Liability Insurance
D)Employee Benefit Insurance
E)Worker's Compensation Insurance

Question 42

A dental hygienist is informed that the employment situation is "at will." The employment situation is BEST described as:

A)The employee is willing to work for the employer
B)The employee can be terminated without notice
C)The employee can only be terminated with notice
D)The employee can work at the hours and compensation he or she chooses
E)The employee is not subject to any type of employment evaluation

Question 43

Which of the following expanded HIPAA's privacy and security provisions by requiring notification of breaches or unauthorized disclosures of the PHI?

A)Health Care Reform Act
B)Health Information Technology for Economic and Clinical Health (HITECH) Act
C)Medical Injury Compensation Reform Act
D)Occupational Safety and Health Act
E)Client Protection and Affordable Care Act

Question 44

A dental provider seeking to obtain informed consent discusses the diagnosis; proposed treatment, including risks and benefits; and anticipated outcomes of the treatment and allows the client to ask questions and provides answers. Which element of informed consent is lacking?

A)Use of photographs and diagrams to show the proposed treatment
B)Presence of a witness to the informed consent process
C)Offering information about alternative forms or treatment
D)Request for an insurance form from the client
E)All the elements of informed consent are detailed as required

Question 45

A dental hygienist relocates to another state and applies for a dental hygiene license. To obtain a license, the dental hygienist must take and pass the dental hygiene licensing examination. Which of the following regulatory board duties does this situation BEST describe? The board's duty to:

A)Draft laws pertaining to dental professionals for the legislature
B)Implement mechanisms to measure applicant competence
C)Include dental hygienists as members of the regulating board
D)Monitor educational standards
E)Monitor continuing education requirements

Question 46

A trial for negligence results in a dental provider being found guilty. The judge awards damages for pain and suffering to the defendant. Which of the following types of damages were awarded?

A)Contract damages
B)General damages
C)Nominal damages
D)Punitive damages
E)Special damages

Question 47

Legislation is passed in a state to allow dental hygienists to administer local anesthetic agents under the direct supervision of a dentist. Direct supervision requires that a licensed dentist has authorized the procedure and:

A)Need not be physically present when the procedure is performed
B)Needs to be available for consultation
C)Remains in the operatory to directly supervise the procedure
D)Remains on the premises while the procedure is being performed
E)Remains on the premises while the procedure is being done and checks the client before dismissal

Question 48

What type of professional liability insurance should a dental hygienist purchase?

A)Claims-made policy
B)Group policy
C)Indemnity policy
D)Occurrence-based policy
E)None of the above

Question 49

A dental provider accepts a client and during the course of treatment decides not to complete the treatment because of an antagonistic relationship with the client. Which of the following has occurred?

A)Client abandonment
B)Client dismissal
C)Client referral
D)Client termination
E)Client behavior modification

Question 50

All of the following are recommended personal risk management strategies EXCEPT one. Which one is the EXCEPTION?

A)Maintaining current licensure and certifications
B)Providing evidence-informed, competent care
C)Participating in continuing education courses to maintain competency
D)Relying on employers for information about scope of practice and legal responsibilities
E)Purchasing professional liability insurance