Exam 313 Legal & Ethical Issues

Question 1

What is clinical governance?

Answer 1

Term used to refer to the NHS framework for Quality Assurance (good practice for private practices to follow as well). Aims to improve quality of healthcare by standardising it.

Question 2

What is the minimum length of time patient records should be retained for?

Answer 2

11 years after completion of treatment or to the age of 25 for children’s records.

Question 3

In what unusual circumstances is the dentist allowed to disclose patient information without their consent?

Answer 3

1. Identification in road traffic accident
2. When requested for audit by Dental Practice of the Business Services Authority
3. To provide information about a child to their legal parent or guardian - issues of age of consent must also be considered
4. In public interest e.g suspected or known criminals
5. Prevention of Terrorism Act 1989 or Police and Criminal Evidence Act 1984
6. Solicitor, bailiff or debt collecting agency to enable them to pursue a legal claim against the patient in behalf of the dentist

Question 4

Which two pieces of legislation give patients the right to access their health records?

Answer 4

Access to Health Records Act 1990

Data Protection Act 1988

Question 5

What is Information Governance?

Answer 5

Quality assurance system that ensures safe/appropriate use of personal and patient information.

Question 6

What is a Caldicott Guardian?

Answer 6

Person with specialist knowledge of confidentiality. Responsible for protecting patient information.

Question 7

What is informed consent?

Answer 7

When the patient has been given enough information to be able to make a decision.

Question 8

What is specific consent?

Answer 8

Consent gained at each stage of treatment. Not just assuming patient consents to full course of treatment without being aware of what’s involved in each stage.

Question 9

What is valid consent?

Answer 9

Valid consent is when it is both informed and specific and given by the patient or parent/guardian.

Question 10

What is gillick competence?

Answer 10

Principle used to judge whether a child can consent or refuse a course of treatment without the need for parental permission.

Question 11

Which piece if legislation encourages people to raise concerns without fear of retribution from their employers?

Answer 11

Public Interest Disclosure Act 1998.

Question 12

What are the five core topics dental nurses need to update on a 5-year cycle of CPD?

Answer 12

Medical emergencies
Disinfection and contamination
Radiological protection
Legal and ethical issues
Complaints handling

Question 13

What is scientific knowledge?

Answer 13

Theories which can be scientifically tested against gathered data and is therefore verifiable.

Question 14

What is experimental knowledge?

Answer 14

Knowledge that is gained over time by intuition and repetitive practice, reflection and evaluation.

Question 15

What is ethical knowledge?

Answer 15

Knowledge considered morally correct although it is based in beliefs and values rather than facts.

Question 16

What is the difference between ‘reflection in action’ and ‘reflection on action’?

Answer 16

‘Reflection in action’ - occurs as a situation happens

‘Reflection on action’ - occurs after the event (hindsight)

Question 17

What 6 areas should be considered at an annual staff appraisal for a dental nurse?

Answer 17

Personal (attitude, punctuality)
Administrative (policies, protocol)
Clinical (IC, nursing skills)
Team work (responsibility, ability)
Communication (interpersonal, telephone)
Development (self-evaluation, self-study, attendance on courses)