Professional Documents
Culture Documents
DENTISTRY~Copyright
© 1990hy
TheAmerican
Academy
oi PediatricDentislry
Volume12, Number 2
Abstract
Standards governing informed consent are changing The issue of prior consent for behavior management
across the United States, and these changeshave potential techniques historically has been neglected by pediatric
impact on the techniques of behavior managementused by dentists. However,it is essential that the profession
pediatric dentists. Thepurposeof this study wasto determine understand the legal doctrine of informed consent and
pediatric dentists’ azoarenessof standards of informedcon- its relevance to everyday practices. The doctrine of
sent in the state in whichthey practice, as well as the i~npact informed consent requires that health care providers
of the professional com~nunity standardversus the reasonable inform patients (or parents, in the case of a minor) of the
patient standardon their use of certain behavior management nature of the proposed treatment, the benefits and risks
techniques. A stratified randomsmnpleof 502 practitioners of such treatment, and the nature, benefits, and risks of
was selected from the total membershipof the American the alternatives to other treatment -- including non-
Acade~nyof Pediatric Dentistry; 292 returned surveys pro- treatment.
vided data related to behavior ~nanagement techniques, con- Until recently, the majority of American states ad-
sent standards, and demographicvariables. These were ana- hered to the professional community standard with re-
lyzed by Chi-square(P < 0.05). Results revealed that 73% spect to informed consent. Under this standard a pa-
the respondents do not knowwhich consent standard is in tient’s or parent’s consent was considered to be legally
effect in the state in zohichthey practice;50%donot get verbal informed for that treatment which is deemed reason-
consent;and80%do not get written consentto use the specific able by the majority of local practitioners. The profes-
management techniques. There is a lack of knowledgeon the sional community standard upholds that a doctor could
part of somepediatric dentists concerningthe changinglaws be held liable for nondisclosure only if the standard of
governing informedconsent and a reluctance to acknozoledge professional practice was violated by failing to disclose
the implications that these changeszoould have on behavior the information at issue (Haganet al. 1984).
managementtechniques.~ Analternative to the professional communitystandard
of disclosure has evolved over the past decade in
Introduction American courts. This new rule on informed consent
Pediatric dentists traditionally have used a variety of "focuses on the informational needs of the average,
nonpharmacologic techniques in managing the unco- reasonable patient rather than on professionally estab-
operative child while paying little attention to the pa- lished standards" (Hagan et al. 1984). This new reason-
rental attitudes regarding these behavior management able patient standard states that a practitioner may be
techniques. Newfindings suggest that manyparents do held liable if a patient or parent has not received all the
not approve of some of the more commonlyused man- information that is material to their decision to accept or
agement techniques (Murphyet al. 1984), specifically reject treatment (Ozzi 1982; President’s Commission
the use of hand over mouth exercise (HOME)and the 1982). Cases now on record have suggested that implied
Papoose BoardTM (Olympic Medical Corporation, Se- consent applies only to those aspects of treatment that
attle, WA).These findings have implications regarding the average patient anticipates and approves, regard-
the need for informed consent prior to using these less of their acceptance or use in the professional com-
techniques. munity. Those aspects of treatment that the average
patient does not consider commonand expected have to
be expressly disclosed. There are certain behavior
’ The abstract for this manuscript previously appeared in J Dent Res
Special Issue 68:370, 1989. Abstract #1512.
1. Manypediatric dentists lack knowledge concern- Roscoe JT: Fundamental Research Statistics for the Behavioral Sci-
ing the changing laws that govern informed con- ences. Dallas: Holt, Rinehart and Winston, 1975. pp 254-59.
sent.
President’s Commissionfor the Study of Ethical Problems in Medicine
2. Manypediatric dentists are reluctant to respect the
and Biomedical and Behavioral Research: Making Health Care
implications that changing laws may have on their Decisions. Vol. 3 (Appendices, Studies on the Foundations of
use of behavior management techniques. Informed Consent). Washington, DC: US Government Printing
3. An awareness program for the profession needs to Office, 1982. pp 1-35, 63-81, 117-42, 193-251.
be developed to focus on consent standards as
they relate to behavior managementtechniques.
All 1990 National Collegiate Athletic Association (NCAA)football players must wear colored
intraoral mouthguardscovering all maxillary teeth, according to a new ruling.
The mandate for colored mouthguards was called for because officials couldn’t tell when
players were wearing clear or white mouthguards. As a i"esult, the previous NCAA mouthguard
rule wasn’t being enforced. With a high visibility color mouthpiece, it will be mucheasier for
officials to track players’ compliance.In college football, a five-yard penalty is levied against a team
if any memberof that team is seen on the field without a mouthpiece.
Mouthguards have been recommendedfor collegiate football players since 1962. The provision
making them mandatory equipment was added to the rule book in 1973.