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PEDIATRIC

DENTISTRY~Copyright
© 1990hy
TheAmerican
Academy
oi PediatricDentislry
Volume12, Number 2

Current trends in behavior management techniques as they


relate to new standards concerning informed consent
Barrie B. Choate, DDS, MSDN. Sue Seale, DDS, MSD
Warren A. Parker, DDS, MPHCarolyn F.G. Wilson, DDS, MSD

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.

PEDIATRIC DENTISTRY: APRIL/MAY, 1990 ~ VOLUME 12, NUMBER2 83


management techniques with which the average pa- were examined statistically with Chi-square analysis
tient maynot be aware and thus would require explicit where the differences were considered significant at P <
description for consent to be considered informed. With 0.05.
the establishment of these new standards, pediatric
dentists need to consider carefully the behavior man- Results
agement techniques they employ and the means by Of 309 returned questionnaires, 17 were not included
which they obtain parental consent. in the study for various reasons; 292 questionnaires
The purpose of this study was to assess the aware- were analyzed, resulting in a compliance factor of ap-
ness of pediatric dentists as to which informed consent proximately 58%.
standard existed in the state in which they practiced, The techniques being evaluated appear to be used by
and to determine if there had been a change in the use of the majority of practitioners in at least somesituations.
certain behavior managementtechniques by pediatric The Papoose Board TM was never used by 25% of the
dentists in states with the professional colmnunity stan- respondents, and only 13% and 15% respectively never
dard versus the reasonable patient standard. In addition, used HOME or physical restraint.
the study investigated whether the necessity to obtain Responses to the question concerning the frequency
express parental consent had affected the use of certain of obtaining parental consent for the use of selected
behavior managementtechniques by pediatric dentists behavior management techniques were determined by
for any aspect of treatment that might be considered collapsing the cells containing the responses of always,
objectionable to the average parent. sometimes, and seldom to reflect positive answers as
described in the materials and methods section. Results
Materials and Methods indicate that when the question concerning consent is
A stratified randomsample of 502 pediatric dentists asked in general terms, the majority of the pediatric
selected from the total membership of the American dentists surveyed responded that they do obtain paren-
Academyof Pediatric Dentistry (AAPD)was mailed tal consent prior to using behavior managementtech-
questionnaire regarding their knowledge of informed niques.
consent standards and their use of certain behavior However, when the specific mode of obtaining con-
managementtechniques. (Copies of the questionnaire sent is questioned, more than 85%of the respondents
used for this study are available upon request.) The never obtain specific written consent for the use of the
questionnaire used in this study was divided into two techniques listed. Specific verbal consent is obtained by
sections. The first section dealt with the personal data of 79% for the Papoose Board, 61%for HOME,and 67% for
the pediatric dentists and was developed in order to physical restraint.
determine the age and sex of the practitioner, numberof Approximately 97% of the respondents indicated
years in practice, type of practice, location of practice, that their explanations of behavior managementproce-
and AAPDstatus. The second section addressed the use dures were not due to the consent standard of their state.
of four specific behavior managementtechniques: the It was found that, if the reasonable patient standard of
Papoose Board, HOME,physical restraint by dentist, consent was put into effect in states currently with the
and physical restraint by office personnel. professional colnmunity standard, more than 60%of the
A computer utility program which scans frequencies respondents indicated that their use of certain behavior
was designed and utilized for this analysis. Once the management techniques would change. More than 50%
frequency of each response was determined, the fre- of the respondents indicated that if the law required
quencies were categorized in terms of years of practice, more detailed explanation of the selected techniques, it
type of practice, age and sex of the practitioner, location, would affect their use of these techniques. Based upon
and AAPDstatus. The summarydata were presented in their personal interpretations of the reasonable patient
tabular form, as absolute and relative frequency distri- standard, only half of the pediatric dentists felt that the
butions, for each of the categories listed above by ques- practitioner must obtain express parental consent in-
tionnaire response. Observations of the absolute fre- volving a detailed explanation of HOME and physical
quencies indicated that in most cross tabulations there restraint prior to using either technique. Withrespect to
were cells present in which the frequencies were too low the Papoose Board, 69%of the practitioners replied that
to permit inferential testing (Miller 1981). Therefore, the express parental consent would be required under this
categories and questionnaire responses were collapsed standard.
to meet acceptable standards for inferential statistical Only 27%of the respondents correctly identified the
testing for the methodselected (Roscoe 1975). The dif- informed consent standard which existed in the state in
ferences in frequencies between the categorized data which they practice. Whenthe data concerning knowl-

84 BEHAVIOR MANAGEMENT TECHNIQUES AND INFORMED CONSENT: CHOATE ET AL.


edge about state standards was compared to status as litigation surrounding dentistry, the practitioner would
private practitioner versus academician, the Chi-square be well advised to obtain written consent prior to using
analysis revealed that significantly more academicians selected behavior management techniques.
knew the correct response (P < 0.05). The Papoose Board is the standard of care in many
The impact of years of practice (< 10 years versus > 10 medical and dental emergency situations, even though
years) on the use of the selected behavior management Fields et al. (1984) reported that it is viewedas objection-
techniques was determined. Chi-square statistical able by the majority of parents. Fifty per cent of the
analysis of the data revealed that more recent graduates practitioners reported that if the law required them to
were found to use the Papoose Board and HOME sig- explain the Papoose Board in more detail prior to using
nificantly more often than those in practice > 10 years (P it, it wouldaffect their use of the device. This mayreveal
< 0.05). that the pediatric dentists felt that Papoose Board use
A final comparison was made among the Diplo- was such an aversive technique that they would choose
mates, associates, and memberswith respect to use of not to use it rather than explain it in detail to the parent
certain behavior managementtechniques in the event of before using it. Another explanation may be that many
a change in the law of consent in their state. Chi-square pediatric dentists use the Papoose Board in situations
analysis revealed that no significant difference exists (P simply for convenience, where its use would be difficult
> 0.05) with respect to the use of the Papoose Board and to justify if an explanation were required.
HOME.A significant difference was shown to exist (P The finding that only 11%of the respondents obtain
0.05) with respect to physical restraint. specific verbal or written permission for the use of
No statistically significant differences were shown HOME revealed that a very low percentage of pediatric
when years in practice and AAPDstatus were com- dentists obtain parental permission for what is likely
pared to any of the other variables and whensex, age, or considered to be the most aversive behavior manage-
location were comparedto any of the variables. ment technique presently used. The reason this tech-
nique was not explained to the parent may be that the
Discussion dentist was afraid that the parents wouldfeel it is far too
aversive a technique to use on a child. A technique
The results of the survey revealed an alarming lack of
which involves covering the mouth and/or airway to
awareness among pediatric dentists as to which in-
formed consent standard existed in the state in which obtain the child’s attention could be difficult to explain
they practiced. The results indicated that only 27%of the to a parent without the technique sounding abusive.
total sample actually knew the correct standard govern- This was evidenced by the fact that the need to provide
such an explanation would affect two-thirds of the
ing informed consent in their state, indicating that many
respondents’ use of HOME.
pediatric dentists are not well informedas to their state’s
It is disquieting to note that based on their personal
standard. The response rate of 58% may represent an
interpretations of the reasonable patient standard, only
increase in interest by pediatric dentists brought about
by litigations over commonlyused behavior manage- half of the pediatric dentists felt that the practitioner
ment techniques. must obtain express parental consent involving a de-
Answers to questions regarding whether the practi- tailed explanation of the Papoose Board and HOME
tioner obtains parental consent prior to his use of behav- prior to using either technique. In light of recent find-
ior management techniques were somewhat contradic- ings (Fields et al. 1984) that the Papoose Board and
HOME are not acceptable by the majority of parents, the
tory. When asked in general whether they obtained
reasonable patient standard of informed consent would
permission prior to the use of behavior management
techniques, the majority responded that they do so. require that these techniques always be described in
However, answers to the more specific questions con- detail. Apparently, there was a lack of understanding by
cerning how consent was obtained indicated that many the pediatric dentists of what constitutes informed
were not obtaining specific written parental consent consent under the reasonable patient standard.
prior to the use of HOME, the Papoose Board, or physi- The relationship between years in practice and use of
the Papoose Board and HOME was surprising. In light
cal restraint. The small percentage whostated that they
of the increased awareness of consent standards and the
obtained specific verbal and written permission indi-
decreased emphasis on aversive behavior management
cated that they had always done so and that the acqui-
technique use in graduate pediatric dentistry programs,
sition of consent did not relate to the standard of consent
we would have thought that more recent graduates
existing in their state.
would be less likely to use the Papoose Board and
The results of the questions addressing the modeof
obtaining consent indicated that if consent is obtained, HOME,while older graduates would continue to use
it is most often verbal. With the current increase in aversive techniques emphasized in their training.

PEDIATRIC DENTISTRY: APRIL/MAY, 1990- VOLUME


12, NUMBER
2 85
However, the more recent graduates were found to use A follow-up survey should be done to reveal any
the Papoose Board and HOME significantly more often changes in the use of specific behavior manage-
than those in practice for more than 10 years. Three ment techniques as practitioners become more
possible explanations are: knowledgeable about the laws governing in-
1. The older graduate treats fewer management formed consent.
problems because his practice population is an
Dr. Choate is assistant professor, clinical; Dr. Seale is professor and
older group of children; chairman; and Dr. Wilson is assistant professor, department of pedi-
2. The older graduate chooses to treat management atric dentistry, Baylor College of Dentistry, Dallas, TX. Dr. Parker is
problems in the hospital as opposed to the private professor and chairman, department of community health and pre-
ventive dentistry, also at Baylor College of Dentistry. Reprint requests
office; and / or
should be sent to: Dr. N. Sue Seale, Dept. of Pediatric Dentistry, Baylor
3, The older and more experienced graduate is more College of Dentistry, 3302 Gaston Ave., Dallas, TX 75246.
effective with other managementtechniques.
Fields HW,MachenJB, MurphyMG:Acceptability of various behav-
Because the academician is responsible for teaching ior managementtechniques relative to types of dental treatment.
the most current techniques and legal ramifications Pediatr Dent 6:199-203, 1984.
with respect to the literature in his field, we suspected
that when a comparison was made between the acade- Hagan P, Hagan JP, Fields HW, Machen JB: The legal status of
informed consent for behavior managementtechniques in pediat-
mician and the private practitioner concerning consent ric dentistry. Pediatr Dent 6:204-208, 1984.
standards, that the academician would be more aware.
In fact, of the academicians interviewed, close to half Miller SL: Introductory Statistics for Dentistry and Medicine. Reston,
correctly identified the standard of consent in their VA:Reston Publishing, 1981. p 235.
state. Conversely, only one fourth of the private practi- Murphy MG,Fields, HW,Machen JB: Parental attitudes concerning
tioners were able to identify their state’s consent stan- behavior managementtechniques in pediatric dentistry. Pediatr
dard correctly. This difference was found to be statisti- Dent 6:193-98, 1984.
cally significant (P < 0.05). Ozzi WM:Survey of the law of informed consent, in Physician-Patient
Relationships in Legal Medicine. CHWecht, ed. Philadelphia: WB
Conclusions and Directions Saunders, 1982. pp 111-36.

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.

Mouthguards available in various colors

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.

86 BEHAVIOR MANAGEMENT TECHNIQUES AND INFORMED CONSENT: CHOATE ET AL.

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