The Dental Learning Network

Infection Control - 12 hrs

Chapter Ten - Ethical and Legal Considerations Regarding AIDS and HIV

Chapter 1: Introduction

Chapter 2: Etiology and Transmission of TB, HIV, CJD, and Hepatitis B,C

Chapter 3: Personnel and Personal Protective Attire

Chapter 4: Surfaces and Waste Disposal

Chapter 5: Chemical Disinfectants

Chapter 6: Steps in Instrument Processing

Chapter 7: Methods of Sterilization

Chapter 8: The Dental Laboratory

Chapter 9: Waterlines

Chapter 10: Ethical and Legal Considerations Regarding AIDS and HIV
Introduction
The Acer Case
Sharpe vs. Breglio
The Bragdon Case

Chapter 11: Summary Checklists

Bibliography and Suggested Reading List

Appendices

Internet Resources

Endnotes

Post Examination

Exit to Menu



Introduction

All patients should be treated with compassion and dignity, regardless of their HIV status. There is little known risk of contacting AIDS through dental procedures if the recommended infection control procedures are followed carefully.

The ADA Council on Ethics, Bylaws and Judicial Affairs presented the following advisory opinion about patient selection:

"A dentist has the general obligation to provide care to those in need. A decision not to provide treatment to an individual because the individual has AIDS or is HIV seropositive, based solely on that fact, is unethical. Decisions with regard to the type of dental treatment provided or referrals made or suggested, in such instances, should be made on the same basis as they are made with other patients, that is, whether the individual dentist believes he or she has need of another's skills, knowledge, equipment or experience and whether the dentist believes, after consultation with the patient's physician if appropriate, the patient's health status would be significantly compromised by the provision of dental treatment."

Currently, it is illegal to refuse to treat a patient because they are HIV positive. If the individual is a patient of record, it is considered abandonment if the dentist refuses them treatment.

If a dentist or auxiliary is carrying an infectious disease, especially HIV or hepatitis B, he or she is obliged to take the precautions necessary to ensure that the disease is not transmitted to the patients. The laws are changing rapidly in this area, so the dentist or auxiliary who is a carrier of a disease should consult with their physician and lawyer to find out if there are any current laws that might restrict their practice or force them to advise patients of their disease state.

Continue on to The Acer Case