As a dentist, you play a pivotal role in the health and well-being of your patients. However, the practice of your profession requires rigorous compliance with the ethical and deontological standards established by the Ordre des dentistes du Québec. An investigation or a complaint regarding the breach of your professional obligations can seriously jeopardize your practice and reputation. At Lambert Lawyers, we understand the unique issues facing your profession and the repercussions that such a situation can have. Our team of disciplinary lawyers is here to advise, support and defend you every step of the way. Don’t let a complaint compromise what you’ve built. Call us today for personalized legal assistance.
Dentists’ scope of practice
The dentist differs from the dental hygienist, as well as the denturist, in that he or she carries out activities reserved for dentistry. Specifically, under the Dentists Act, the practice of dentistry consists of:
To assess and diagnose any impairment in the health of the teeth, mouth, jaw and surrounding tissues, and to prevent and treat disease in order to maintain or restore oral health in humans.
Thus, only the dentist can:
- Diagnose a patient’s health impairments and diseases and determine the treatment plan;
- Prescribe diagnostic tests ;
- Use invasive techniques or treatments that present a risk of harm;
- Prescribing medications, other substances, procedures, treatments, or the manufacture or repair of dentures or braces;
- Sell dentures or braces ;
- Conduct clinical monitoring of the condition of people whose health condition presents risks.
This profession involves various duties and obligations, failure to comply with which can lead to a sanction by the Ordre des dentistes du Québec. If you are the subject of a disciplinary complaint, our firm is there to offer you a rigorous defence and protect your rights and reputation.
Duties and obligations
Like any other professional, dentists must act with integrity, diligence, availability and avoid any misrepresentation. Objectivity and candor are paramount when sharing information with a real or potential patient. Dentists must also respect professional secrecy and be independent and disinterested, i.e. avoid conflicts of interest.
Towards the public
In his practice, a dentist must participate in the improvement of public health and take into account all the foreseeable consequences that his research and work may have on society. In addition, it must renew its theoretical and clinical knowledge, as well as promote education and information measures. More specifically, in relation to advertising, the information contained in advertising must be popularized and limited to that likely to help the public make an informed choice and promote access to dental services. It may not be false, misleading, incomplete or misleading. Nor may the advertisement be comparative or use or permit a testimonial of support or recognition of the dentist’s competence.
Towards patients
Appropriate acts
Before accepting a mandate, a dentist must take into account the limits of his or her skills, knowledge and means. Consequently, no action or diagnosis should be made without sufficient knowledge of the facts that justify it. In the fulfillment of his mandate, he must, when required, perform appropriate and proportionate acts according to the patient’s needs by following the scientific standards of dentistry, as well as the rules of hygiene and asepsis. In a 2019 decision, the Board found that the dentist who prescribed 2240 opioid analgesic tablets to a patient did not have sufficient reason to do so in the circumstances, and therefore that the act was disproportionate to the patient’s needs. Consequently, the Council found the dentist guilty of a breach of the Code of Ethics of Dentists. In another decision, the Professions Tribunal highlighted a situation that deviated from scientific standards, thus constituting an ethical breach. Indeed, in this case, the dentist did not follow the proper methodology to make an adequate diagnosis, did not perform a complete and sufficient radiological examination , did not diagnose an obvious cavity and did not establish a treatment plan. Finally, the dentist must always intervene before a denturist and must see the patient again after the denturist has intervened in order to verify that the treatment plan has been carried out and make the necessary modifications or adjustments.
Information
More specifically, patients must be objectively and sufficiently informed of the nature, extent, scope and modalities of their health problems, their treatments, as well as their costs in a simple, objective and sufficient way to allow a good understanding. They must then give informed consent to this care. Patients should also be informed as soon as possible of any complications or incidents that have occurred during treatments, as well as the resulting financial implications. These informational tasks can only be delegated to another dentist.
Relationship with patients
Finally, the dentist must act with kindness in order to establish a relationship of trust with his patients. To this end, he or she refrains from intervening in their personal affairs and may not refuse to provide a service for reasons related to the nature of the illness or disability presented. He must also refrain from having an aggressive attitude towards his patients. Each patient also has the right to consult another professional at any time in connection with his or her health problem.
End of the relationship with patients
In order to stop treating a patient, you must have a good and reasonable reason, such as a loss of trust with the patient. The employee must then be notified of the termination of service and you must ensure that it is not detrimental to his or her health.
Access to Information
A dentist must respond, diligently and no later than 30 days of receipt, to any request for consultation or copy made by a patient concerning documents that concern him or her. The same applies to any request for the correction of information in a document concerning him or her.
Honorarium
The fees you set must be fair and reasonable and your patients must be informed of this before treatment begins. If necessary, you must be able to explain your fees and payment terms to the company.
Towards the profession
All dentists must refrain from committing the derogatory acts provided for in the Professional Code, but also those provided for in the Code of Ethics of Dentists. These include:
- To declare that they are using secret remedies or treatments;
- To guarantee, directly or indirectly, the effectiveness of a treatment ;
- To seek or obtain a direct or indirect commission or rebate by prescribing medicines, analyses, treatments or the manufacture of parts;
- To abuse, in the exercise of his profession, the inexperience, ignorance, naivety or poor state of health of a patient;
- To refrain, in operative dentistry, from completing an act in order to leave the responsibility immediately or at a later date to a person other than a dentist;
- To refrain from notifying their patients of an anomaly, deficiency or pathology that they have detected in them;
- To make immoderate use of narcotics, controlled drugs, psychotropic substances including alcohol or any other product that may affect his faculties during the performance of his duties;
- Neglecting to take steps to provide their patients with the required or urgent post-operative care;
- To tolerate the performance of acts reserved for dentists by a person other than a dentist.
The relationship between dentists and their colleagues is also essential. As a result, dentists must not breach their trust or use unfair procedures. Rather, when consulted by their peers, dentists must provide their reasoned opinion and confirmed recommendations in writing as soon as possible to them, while maintaining their professional independence. Finally, in the event of an emergency, a dentist must collaborate with a colleague in the treatment of a patient when requested.
Sanctions
If the Ordre des dentistes du Québec concludes that you have contravened your Code of Ethics or the Professional Code, you will be sanctioned. This can take various forms, including a reprimand, temporary or permanent striking off, a fine, the revocation of a licence, the revocation of a specialist’s certificate, the limitation or suspension of practice and/or the obligation to remit a sum of money or to communicate a document. Faced with these serious consequences, it is essential not to face such a situation alone. An ethical breach charge can have a significant impact on your career, reputation and professional practice. Trust our team of lawyers specializing in disciplinary law to accompany you every step of the way and offer you a solid defense adapted to your situation. Contact us today for a confidential consultation.