Ethics Professional Conduct: American Dental Association

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American Dental Association

principles of

Ethics
a n d

co d e o f

Professional
Conduct
With official advisory opinions revised to April 2012.
CONTENTS
I. INTRODUCTION.. . . . . . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

II. PREAMBLE.. . . . . . . . . . . . . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

III. PRINCIPLES, CODE OF PROFESSIONAL CONDUCT AND ADVISORY OPINIONS .. . . . . . 4


The Code of Professional Conduct is organized into five sections. Each section falls
under the Principle of Ethics that predominately applies to it. Advisory Opinions
follow the section of the Code that they interpret.

SECTION 1– PRINCIPLE: PATIENT AUTONOMY (“self-governance”) .. . . . . . . . . . . . . . . . . . . . . . . . . . . 4


Code of Professional Conduct
1.A. Patient Involvement .............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.B. Patient Records.. ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Advisory Opinions
1.B.1. Furnishing Copies of Records.......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.B.2. Confidentiality of Patient Records ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

SECTION 2 – PRINCIPLE: NONMALEFICENCE (“do no harm”).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5


Code of Professional Conduct
2.A. Education.. . . . . . . . . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.B. Consultation and Referral........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Advisory Opinion
2.B.1. Second Opinions........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.C. Use of Auxiliary Personnel....................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.D. Personal Impairment. ............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Advisory Opinion
2.D.1. Ability To Practice......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.E. Postexposure, Bloodborne Pathogens. ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.F. Patient Abandonment............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.G. Personal Relationships with Patients. ........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

SECTION 3 – PRINCIPLE: BENEFICENCE (“do good”) ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7


Code of Professional Conduct
3.A. Community Service. .............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.B. Government of a Profession.................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.C. Research and Development..................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.D. Patents and Copyrights. ......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.E. Abuse and Neglect................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Advisory Opinion
3.E.1. Reporting Abuse and Neglect.......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.F. Professional Demeanor In The Workplace................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Advisory Opinion
3.F.1. Distruptive Behavior In The Workplace. ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

SECTION 4 – PRINCIPLE: JUSTICE (“fairness”). .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8


Code of Professional Conduct
4.A. Patient Selection................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Advisory Opinion
4.A.1. Patients With Bloodborne Pathogens............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.B. Emergency Service................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.C. Justifiable Criticism................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Advisory Opinion
4.C.1. Meaning of “Justifiable”................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.D. Expert Testimony.................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Advisory Opinion
4.D.1. Contingent Fees........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.E. Rebates and Split Fees............................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Advisory Opinion
4.E.1. Split Fees in Advertising and Marketing Services.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

SECTION 5 – PRINCIPLE: VERACITY (“truthfulness”)............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10


Code of Professional Conduct
5.A. Representation of Care........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Advisory Opinions
5.A.1. Dental Amalgam and Other Restorative Materials.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.A.2. Unsubstantiated Representations.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0
5.B. Representation of Fees........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1
Advisory Opinions
5.B.1. Waiver of Copayment.................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.B.2. Overbilling................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.B.3. Fee Differential ............................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1
5.B.4. Treatment Dates........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1
5.B.5. Dental Procedures......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1
5.B.6. Unnecessary Services.................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1
5.C. Disclosure of Conflict of Interest.............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2
5.D. Devices and Therapeutic Methods............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Advisory Opinions
5.D.1. Reporting Adverse Reactions.......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2
5.D.2. Marketing or Sale of Products or Procedures. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2
5.E. Professional Announcement. ................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2
5.F. Advertising.. . . . . . . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Advisory Opinions
5.F.1. Published Communications. ............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3
5.F.2. Examples of “False or Misleading”. ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3
5.F.3. Unearned, Nonhealth Degrees......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3
5.F.4. Referral Services. .......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4
5.F.5. Infectious Disease Test Results........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.G. Name of Practice................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Advisory Opinion
5.G.1. Dentist Leaving Practice................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -4
5.H. Announcement of Specialization and Limitation of Practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15
General Standards. ................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15
Standards For Multiple-Specialty Announcements. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -5
Advisory Opinions
5.H.1. Dual Degreed Dentists. ................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -6
5.H.2. Specialist Announcement of Credentials In Non-Specialty Interest Areas. . . . -16
5.I. General Practitioner Announcement of Services......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -6
Advisory Opinions
5.I.1. General Practitioner Announcement of Credentials
In Interest Areas In General Dentistry................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.I.2. Credentials In General Dentistry....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

NOTES.. . . . . . . . . . . . . . . . . . .................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

IV. INTERPRETATION AND APPLICATION.. .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

V. INDEX.. . . . . . . . . . . . . . . . . . . . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
I. INTRODUCTION
The dental profession holds a special position of trust within society. As a conse-
quence, society affords the profession certain privileges that are not available to
members of the public-at-large. In return, the profession makes a commitment to
society that its members will adhere to high ethical standards of conduct. These
standards are embodied in the ADA Principles of Ethics and Code of Professional
Conduct (ADA Code). The ADA Code is, in effect, a written expression of the obliga-
tions arising from the implied contract between the dental profession and society.
Members of the ADA voluntarily agree to abide by the ADA Code as a condition
of membership in the Association. They recognize that continued public trust in the
dental profession is based on the commitment of individual dentists to high ethical
standards of conduct.
The ADA Code has three main components: The Principles of Ethics, the Code
of Professional Conduct and the Advisory Opinions.
The Principles of Ethics are the aspirational goals of the profession. They provide
guidance and offer justification for the Code of Professional Conduct and the Advisory
Opinions. There are five fundamental principles that form the foundation of the ADA
Code: patient autonomy, nonmaleficence, beneficence, justice and veracity. Principles
can overlap each other as well as compete with each other for priority. More than one
principle can justify a given element of the Code of Professional Conduct. Principles
may at times need to be balanced against each other, but, otherwise, they are the
profession’s firm guideposts.
The Code of Professional Conduct is an expression of specific types of conduct
that are either required or prohibited. The Code of Professional Conduct is a product
of the ADA’s legislative system. All elements of the Code of Professional Conduct
result from resolutions that are adopted by the ADA’s House of Delegates. The Code
of Professional Conduct is binding on members of the ADA, and violations may result
in disciplinary action.
The Advisory Opinions are interpretations that apply the Code of Professional
Conduct to specific fact situations. They are adopted by the ADA’s Council on Ethics,
Bylaws and Judicial Affairs to provide guidance to the membership on how the Council
might interpret the Code of Professional Conduct in a disciplinary proceeding.
The ADA Code is an evolving document and by its very nature cannot be a
complete articulation of all ethical obligations. The ADA Code is the result of an on-
going dialogue between the dental profession and society, and as such, is subject to
continuous review.
Although ethics and the law are closely related, they are not the same. Ethical
obligations may–and often do–exceed legal duties. In resolving any ethical problem
not explicitly covered by the ADA Code, dentists should consider the ethical principles,
the patient’s needs and interests, and any applicable laws.

II. PREAMBLE
The American Dental Association calls upon dentists to follow high ethical standards
which have the benefit of the patient as their primary goal. In recognition of this
goal, the education and training of a dentist has resulted in society affording to the
profession the privilege and obligation of self-government. To fulfill this privilege,
these high ethical standards should be adopted and practiced throughout the dental
school educational process and subsequent professional career.

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The Association believes that dentists should possess not only knowledge, skill
and technical competence but also those traits of character that foster adherence to
ethical principles. Qualities of honesty, compassion, kindness, integrity, fairness and
charity are part of the ethical education of a dentist and practice of dentistry and
help to define the true professional. As such, each dentist should share in providing
advocacy to and care of the underserved. It is urged that the dentist meet this goal,
subject to individual circumstances.
The ethical dentist strives to do that which is right and good. The ADA Code is an
instrument to help the dentist in this quest.

III. PRINCIPLES, CODE OF PROFESSIONAL CONDUCT AND ADVISORY OPINIONS

Section 1 PRINCIPLE: PATIENT AUTONOMY (“self-governance”). The dentist has a


duty to respect the patient’s rights to self-determination and confidentiality.
This principle expresses the concept that professionals have a duty to treat the
patient according to the patient’s desires, within the bounds of accepted treatment,
and to protect the patient’s confidentiality. Under this principle, the dentist’s primary
obligations include involving patients in treatment decisions in a meaningful way,
with due consideration being given to the patient’s needs, desires and abilities, and
safeguarding the patient’s privacy.

CODE OF PROFESSIONAL CONDUCT


1.A. PATIENT INVOLVEMENT.
The dentist should inform the patient of the proposed treatment, and any reasonable
alternatives, in a manner that allows the patient to become involved in treatment
decisions.

1.B. PATIENT RECORDS.


Dentists are obliged to safeguard the confidentiality of patient records. Dentists shall
maintain patient records in a manner consistent with the protection of the welfare of
the patient. Upon request of a patient or another dental practitioner, dentists shall
provide any information in accordance with applicable law that will be beneficial for
the future treatment of that patient.
ADVISORY OPINIONS
1.B.1. Furnishing COPIES OF RECORDS.
A dentist has the ethical obligation on request of either the patient or the patient’s
new dentist to furnish in accordance with applicable law, either gratuitously or for
nominal cost, such dental records or copies or summaries of them, including dental
X-rays or copies of them, as will be beneficial for the future treatment of that
patient. This obligation exists whether or not the patient’s account is paid in full.

1.B.2. CONFIDENTIALITY OF PATIENT RECORDS.


The dominant theme in Code Section l.B is the protection of the confidentiality
of a patient’s records. The statement in this section that relevant information in
the records should be released to another dental practitioner assumes that the
dentist requesting the information is the patient’s present dentist. There may
be circumstances where the former dentist has an ethical obligation to inform
the present dentist of certain facts. Code Section 1.B assumes that the dentist
releasing relevant information is acting in accordance with applicable law. Dentists
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should be aware that the laws of the various jurisdictions in the United States
are not uniform and some confidentiality laws appear to prohibit the transfer of
pertinent information, such as HIV seropositivity. Absent certain knowledge that
the laws of the dentist’s jurisdiction permit the forwarding of this information, a
dentist should obtain the patient’s written permission before forwarding health
records which contain information of a sensitive nature, such as HIV seropositivity,
chemical dependency or sexual preference. If it is necessary for a treating dentist
to consult with another dentist or physician with respect to the patient, and
the circumstances do not permit the patient to remain anonymous, the treating
dentist should seek the permission of the patient prior to the release of data
from the patient’s records to the consulting practitioner. If the patient refuses,
the treating dentist should then contemplate obtaining legal advice regarding the
termination of the dentist-patient relationship.

Section 2 PRINCIPLE: NONMALEFICENCE (“do no harm”). The dentist has a duty to


refrain from harming the patient.
This principle expresses the concept that professionals have a duty to protect the
patient from harm. Under this principle, the dentist’s primary obligations include
keeping knowledge and skills current, knowing one’s own limitations and when to refer
to a specialist or other professional, and knowing when and under what circumstances
delegation of patient care to auxiliaries is appropriate.

CODE OF PROFESSIONAL CONDUCT


2.A. EDUCATION.
The privilege of dentists to be accorded professional status rests primarily in the
knowledge, skill and experience with which they serve their patients and society. All
dentists, therefore, have the obligation of keeping their knowledge and skill current.

2.B. CONSULTATION AND REFERRAL.


Dentists shall be obliged to seek consultation, if possible, whenever the welfare of
patients will be safeguarded or advanced by utilizing those who have special skills,
knowledge, and experience. When patients visit or are referred to specialists or
consulting dentists for consultation:
1. The specialists or consulting dentists upon completion of their care shall return the
patient, unless the patient expressly reveals a different preference, to the referring
dentist, or, if none, to the dentist of record for future care.
2. The specialists shall be obliged when there is no referring dentist and upon a
completion of their treatment to inform patients when there is a need for further
dental care.

ADVISORY OPINION
2.B.1. SECOND OPINIONS.
A dentist who has a patient referred by a third party1 for a “second opinion”
regarding a diagnosis or treatment plan recommended by the patient’s treating
dentist should render the requested second opinion in accordance with this Code
of Ethics. In the interest of the patient being afforded quality care, the dentist
rendering the second opinion should not have a vested interest in the ensuing
recommendation.

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2.C. USE OF AUXILIARY PERSONNEL.
Dentists shall be obliged to protect the health of their patients by only assigning to
qualified auxiliaries those duties which can be legally delegated. Dentists shall be
further obliged to prescribe and supervise the patient care provided by all auxiliary
personnel working under their direction.

2.D. PERSONAL IMPAIRMENT.


It is unethical for a dentist to practice while abusing controlled substances, alcohol
or other chemical agents which impair the ability to practice. All dentists have an
ethical obligation to urge chemically impaired colleagues to seek treatment. Dentists
with first-hand knowledge that a colleague is practicing dentistry when so impaired
have an ethical responsibility to report such evidence to the professional assistance
committee of a dental society.

ADVISORY OPINION
2.D.1. ABILITY TO PRACTICE.
A dentist who contracts any disease or becomes impaired in any way that might
endanger patients or dental staff shall, with consultation and advice from a
qualified physician or other authority, limit the activities of practice to those areas
that do not endanger patients or dental staff. A dentist who has been advised
to limit the activities of his or her practice should monitor the aforementioned
disease or impairment and make additional limitations to the activities of the
dentist’s practice, as indicated.

2.E. POSTEXPOSURE, BLOODBORNE PATHOGENS.


All dentists, regardless of their bloodborne pathogen status, have an ethical obligation
to immediately inform any patient who may have been exposed to blood or other
potentially infectious material in the dental office of the need for postexposure
evaluation and follow-up and to immediately refer the patient to a qualified health
care practitioner who can provide postexposure services. The dentist’s ethical
obligation in the event of an exposure incident extends to providing information
concerning the dentist’s own bloodborne pathogen status to the evaluating health
care practitioner, if the dentist is the source individual, and to submitting to testing
that will assist in the evaluation of the patient. If a staff member or other third person
is the source individual, the dentist should encourage that person to cooperate as
needed for the patient’s evaluation.

2.F. PATIENT ABANDONMENT.


Once a dentist has undertaken a course of treatment, the dentist should not
discontinue that treatment without giving the patient adequate notice and the
opportunity to obtain the services of another dentist. Care should be taken that
the patient’s oral health is not jeopardized in the process.

2.G. PERSONAL RELATIONSHIPS WITH PATIENTS.


Dentists should avoid interpersonal relationships that could impair their professional
judgment or risk the possibility of exploiting the confidence placed in them by a
patient.

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Section 3 PRINCIPLE: BENEFICENCE (“do good”). The dentist has a duty to promote
the patient’s welfare.
This principle expresses the concept that professionals have a duty to act for the
benefit of others. Under this principle, the dentist’s primary obligation is service to
the patient and the public-at-large. The most important aspect of this obligation
is the competent and timely delivery of dental care within the bounds of clinical
circumstances presented by the patient, with due consideration being given to the
needs, desires and values of the patient. The same ethical considerations apply
whether the dentist engages in fee-for-service, managed care or some other practice
arrangement. Dentists may choose to enter into contracts governing the provision of
care to a group of patients; however, contract obligations do not excuse dentists from
their ethical duty to put the patient’s welfare first.

CODE OF PROFESSIONAL CONDUCT


3.A. COMMUNITY SERVICE.
Since dentists have an obligation to use their skills, knowledge and experience for the
improvement of the dental health of the public and are encouraged to be leaders in
their community, dentists in such service shall conduct themselves in such a manner
as to maintain or elevate the esteem of the profession.

3.B. GOVERNMENT OF A PROFESSION.


Every profession owes society the responsibility to regulate itself. Such regulation
is achieved largely through the influence of the professional societies. All dentists,
therefore, have the dual obligation of making themselves a part of a professional
society and of observing its rules of ethics.

3.C. RESEARCH AND DEVELOPMENT.


Dentists have the obligation of making the results and benefits of their investigative
efforts available to all when they are useful in safeguarding or promoting the health
of the public.

3.D. PATENTS AND COPYRIGHTS.


Patents and copyrights may be secured by dentists provided that such patents and
copyrights shall not be used to restrict research or practice.

3.E. ABUSE AND NEGLECT.


Dentists shall be obliged to become familiar with the signs of abuse and neglect and
to report suspected cases to the proper authorities, consistent with state laws.

ADVISORY OPINION
3.E.1. REPORTING ABUSE AND NEGLECT.
The public and the profession are best served by dentists who are familiar
with identifying the signs of abuse and neglect and knowledgeable about the
appropriate intervention resources for all populations.
A dentist’s ethical obligation to identify and report the signs of abuse and
neglect is, at a minimum, to be consistent with a dentist’s legal obligation in
the jurisdiction where the dentist practices. Dentists, therefore, are ethically
obliged to identify and report suspected cases of abuse and neglect to the same
extent as they are legally obliged to do so in the jurisdiction where they practice.
Dentists have a concurrent ethical obligation to respect an adult patient’s right to

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self-determination and confidentiality and to promote the welfare of all patients.
Care should be exercised to respect the wishes of an adult patient who asks that
a suspected case of abuse and/or neglect not be reported, where such a report is
not mandated by law. With the patient’s permission, other possible solutions may
be sought.
Dentists should be aware that jurisdictional laws vary in their definitions
of abuse and neglect, in their reporting requirements and the extent to which
immunity is granted to good faith reporters. The variances may raise potential legal
and other risks that should be considered, while keeping in mind the duty to put
the welfare of the patient first. Therefore a dentist’s ethical obligation to identify
and report suspected cases of abuse and neglect can vary from one jurisdiction to
another.
Dentists are ethically obligated to keep current their knowledge of both identi-
fying abuse and neglect and reporting it in the jurisdiction(s) where they practice.

3.F. PROFESSIONAL DEMEANOR IN THE WORKPLACE.


Dentists have the obligation to provide a workplace environment that supports
respectful and collaborative relationships for all those involved in oral health care.

ADVISORY OPINION
3.F.1. Disruptive Behavior in the Workplace.
Dentists are the leaders of the oral healthcare team. As such, their behavior in
the workplace is instrumental in establishing and maintaining a practice environ-
ment that supports the mutual respect, good communication, and high levels of
collaboration among team members required to optimize the quality of patient
care provided. Dentists who engage in disruptive behavior in the workplace risk
undermining professional relationships among team members, decreasing the
quality of patient care provided, and undermining the public’s trust and confidence
in the profession.

Section 4 PRINCIPLE: JUSTICE (“fairness”). The dentist has a duty to treat people fairly.
This principle expresses the concept that professionals have a duty to be fair in their
dealings with patients, colleagues and society. Under this principle, the dentist’s
primary obligations include dealing with people justly and delivering dental care
without prejudice. In its broadest sense, this principle expresses the concept that the
dental profession should actively seek allies throughout society on specific activities
that will help improve access to care for all.

CODE OF PROFESSIONAL CONDUCT


4.A. PATIENT SELECTION.
While dentists, in serving the public, may exercise reasonable discretion in selecting
patients for their practices, dentists shall not refuse to accept patients into their
practice or deny dental service to patients because of the patient’s race, creed, color,
sex or national origin.

ADVISORY OPINION
4.A.1. PATIENTS WITH BLOODBORNE PATHOGENS.
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 is infected with Human
8
Immunodeficiency Virus, Hepatitis B Virus, Hepatitis C Virus or another bloodborne
pathogen, based solely on that fact, is unethical. Decisions with regard to the type
of dental treatment provided or referrals made or suggested should be made on
the same basis as they are made with other patients. As is the case with all patients,
the individual dentist should determine if he or she has the need of another’s skills,
knowledge, equipment or experience. The dentist should also determine, after
consultation with the patient’s physician, if appropriate, if the patient’s health
status would be significantly compromised by the provision of dental treatment.

4.B. EMERGENCY SERVICE.


Dentists shall be obliged to make reasonable arrangements for the emergency care
of their patients of record. Dentists shall be obliged when consulted in an emergency
by patients not of record to make reasonable arrangements for emergency care. If
treatment is provided, the dentist, upon completion of treatment, is obliged to return
the patient to his or her regular dentist unless the patient expressly reveals a different
preference.

4.C. JUSTIFIABLE CRITICISM.


Dentists shall be obliged to report to the appropriate reviewing agency as determined
by the local component or constituent society instances of gross or continual faulty
treatment by other dentists. Patients should be informed of their present oral health
status without disparaging comment about prior services. Dentists issuing a public
statement with respect to the profession shall have a reasonable basis to believe that
the comments made are true.

ADVISORY OPINION
4.C.1. MEANING OF “JUSTIFIABLE.”
Patients are dependent on the expertise of dentists to know their oral health
status. Therefore, when informing a patient of the status of his or her oral health,
the dentist should exercise care that the comments made are truthful, informed
and justifiable. This should, if possible, involve consultation with the previous
treating dentist(s), in accordance with applicable law, to determine under what
circumstances and conditions the treatment was performed. A difference of
opinion as to preferred treatment should not be communicated to the patient in a
manner which would unjustly imply mistreatment. There will necessarily be cases
where it will be difficult to determine whether the comments made are justifiable.
Therefore, this section is phrased to address the discretion of dentists and advises
against unknowing or unjustifiable disparaging statements against another dentist.
However, it should be noted that, where comments are made which are not
supportable and therefore unjustified, such comments can be the basis for the
institution of a disciplinary proceeding against the dentist making such statements.

4.D. EXPERT TESTIMONY.


Dentists may provide expert testimony when that testimony is essential to a just and
fair disposition of a judicial or administrative action.

ADVISORY OPINION
4.D.1. CONTINGENT FEES.
It is unethical for a dentist to agree to a fee contingent upon the favorable
outcome of the litigation in exchange for testifying as a dental expert.

9
4.E. REBATES AND SPLIT FEES.
Dentists shall not accept or tender “rebates” or “split fees.”

ADVISORY OPINION
4.E.1. SPLIT FEES IN ADVERTISING AND MARKETING SERVICES.
The prohibition against a dentist’s accepting or tendering rebates or split fees
applies to business dealings between dentists and any third party, not just other
dentists. Thus, a dentist who pays for advertising or marketing services by
sharing a specified portion of the professional fees collected from prospective or
actual patients with the vendor providing the advertising or marketing services
is engaged in fee splitting. The prohibition against fee splitting is also applicable
to the marketing of dental treatments or procedures via “social coupons” if
the business arrangement between the dentist and the concern providing the
marketing services for that treatment or those procedures allows the issuing
company to collect the fee from the prospective patient, retain a defined
percentage or portion of the revenue collected as payment for the coupon
marketing service provided to the dentist and remit to the dentist the remainder
of the amount collected.
Dentists should also be aware that the laws or regulations in their jurisdictions
may contain provisions that impact the division of revenue collected from
prospective patients between a dentist and a third party to pay for advertising
or marketing services.

Section 5 PRINCIPLE: VERACITY (“truthfulness”). The dentist has a duty to


communicate truthfully.
This principle expresses the concept that professionals have a duty to be honest and
trustworthy in their dealings with people. Under this principle, the dentist’s primary
obligations include respecting the position of trust inherent in the dentist-patient
relationship, communicating truthfully and without deception, and maintaining
intellectual integrity.   

CODE OF PROFESSIONAL CONDUCT


5.A. REPRESENTATION OF CARE.
Dentists shall not represent the care being rendered to their patients in a false or
misleading manner.

ADVISORY OPINIONS
5.A.1. DENTAL AMALGAM AND OTHER RESTORATIVE MATERIALS.
Based on current scientific data, the ADA has determined that the removal of
amalgam restorations from the non-allergic patient for the alleged purpose of
removing toxic substances from the body, when such treatment is performed
solely at the recommendation of the dentist, is improper and unethical. The
same principle of veracity applies to the dentist’s recommendation concerning
the removal of any dental restorative material.

5.A.2. UNSUBSTANTIATED REPRESENTATIONS.


A dentist who represents that dental treatment or diagnostic techniques

10
recommended or performed by the dentist has the capacity to diagnose, cure or
alleviate diseases, infections or other conditions, when such representations are
not based upon accepted scientific knowledge or research, is acting unethically.

5.B. REPRESENTATION OF FEES.


Dentists shall not represent the fees being charged for providing care in a false or
misleading manner.

ADVISORY OPINIONS
5.B.1. WAIVER OF COPAYMENT.
A dentist who accepts a third party1 payment under a copayment plan as payment
in full without disclosing to the third party1 that the patient’s payment portion will
not be collected, is engaged in overbilling. The essence of this ethical impropriety
is deception and misrepresentation; an overbilling dentist makes it appear to the
third party1 that the charge to the patient for services rendered is higher than it
actually is.

5.B.2. OVERBILLING.
It is unethical for a dentist to increase a fee to a patient solely because the patient
is covered under a dental benefits plan.

5.B.3. FEE DIFFERENTIAL.


The fee for a patient without dental benefits shall be considered a dentist’s full
fee.2 This is the fee that should be represented to all benefit carriers regardless
of any negotiated fee discount. Payments accepted by a dentist under a
governmentally funded program, a component or constituent dental society-
sponsored access program, or a participating agreement entered into under a
program with a third party shall not be considered or construed as evidence
of overbilling in determining whether a charge to a patient, or to another third
party1 in behalf of a patient not covered under any of the aforecited programs
constitutes overbilling under this section of the Code.

5.B.4. TREATMENT DATES.


A dentist who submits a claim form to a third party1 reporting incorrect treatment
dates for the purpose of assisting a patient in obtaining benefits under a dental
plan, which benefits would otherwise be disallowed, is engaged in making an
unethical, false or misleading representation to such third party.1

5.B.5. DENTAL PROCEDURES.


A dentist who incorrectly describes on a third party1 claim form a dental
procedure in order to receive a greater payment or reimbursement or incorrectly
makes a non-covered procedure appear to be a covered procedure on such a
claim form is engaged in making an unethical, false or misleading representation
to such third party.1

5.B.6. UNNECESSARY SERVICES.


A dentist who recommends and performs unnecessary dental services or
procedures is engaged in unethical conduct. The dentist’s ethical obligation in
this matter applies regardless of the type of practice arrangement or contractual
obligations in which he or she provides patient care.

11
5.C. DISCLOSURE OF CONFLICT OF INTEREST.
A dentist who presents educational or scientific information in an article, seminar or
other program shall disclose to the readers or participants any monetary or other
special interest the dentist may have with a company whose products are promoted
or endorsed in the presentation. Disclosure shall be made in any promotional material
and in the presentation itself.

5.D. DEVICES AND THERAPEUTIC METHODS.


Except for formal investigative studies, dentists shall be obliged to prescribe, dispense,
or promote only those devices, drugs and other agents whose complete formulae are
available to the dental profession. Dentists shall have the further obligation of not
holding out as exclusive any device, agent, method or technique if that representation
would be false or misleading in any material respect.

ADVISORY OPINIONS
5.D.1. REPORTING ADVERSE REACTIONS.
A dentist who suspects the occurrence of an adverse reaction to a drug or dental
device has an obligation to communicate that information to the broader medical
and dental community, including, in the case of a serious adverse event, the Food
and Drug Administration (FDA).

5.D.2. MARKETING OR SALE OF PRODUCTS OR PROCEDURES.


Dentists who, in the regular conduct of their practices, engage in or employ
auxiliaries in the marketing or sale of products or procedures to their patients
must take care not to exploit the trust inherent in the dentist-patient relationship
for their own financial gain. Dentists should not induce their patients to purchase
products or undergo procedures by misrepresenting the product’s value, the
necessity of the procedure or the dentist’s professional expertise in recommending
the product or procedure.
In the case of a health-related product, it is not enough for the dentist to
rely on the manufacturer’s or distributor’s representations about the product’s
safety and efficacy. The dentist has an independent obligation to inquire into the
truth and accuracy of such claims and verify that they are founded on accepted
scientific knowledge or research.
Dentists should disclose to their patients all relevant information the patient
needs to make an informed purchase decision, including whether the product is
available elsewhere and whether there are any financial incentives for the dentist
to recommend the product that would not be evident to the patient.

5.E. PROFESSIONAL ANNOUNCEMENT.


In order to properly serve the public, dentists should represent themselves in a
manner that contributes to the esteem of the profession. Dentists should not
misrepresent their training and competence in any way that would be false or
misleading in any material respect.3

5.F. ADVERTISING.
Although any dentist may advertise, no dentist shall advertise or solicit patients in
any form of communication in a manner that is false or misleading in any material
respect.3  

12
ADVISORY OPINIONS
5.F.1. PUBLISHED COMMUNICATIONS.
If a dental health article, message or newsletter is published in print or electronic
media under a dentist’s byline to the public without making truthful disclosure of
the source and authorship or is designed to give rise to questionable expectations
for the purpose of inducing the public to utilize the services of the sponsoring
dentist, the dentist is engaged in making a false or misleading representation to
the public in a material respect.3

5.F.2. EXAMPLES OF “FALSE OR MISLEADING.”


The following examples are set forth to provide insight into the meaning of the
term “false or misleading in a material respect.”3 These examples are not meant to
be all-inclusive. Rather, by restating the concept in alternative language and giving
general examples, it is hoped that the membership will gain a better understanding
of the term. With this in mind, statements shall be avoided which would:
a) contain a material misrepresentation of fact, b) omit a fact necessary to make
the statement considered as a whole not materially misleading, c) be intended or
be likely to create an unjustified expectation about results the dentist can achieve,
and d) contain a material, objective representation, whether express or implied,
that the advertised services are superior in quality to those of other dentists, if
that representation is not subject to reasonable substantiation.
Subjective statements about the quality of dental services can also raise ethical
concerns. In particular, statements of opinion may be misleading if they are not
honestly held, if they misrepresent the qualifications of the holder, or the basis of
the opinion, or if the patient reasonably interprets them as implied statements of
fact. Such statements will be evaluated on a case by case basis, considering how
patients are likely to respond to the impression made by the advertisement as a
whole. The fundamental issue is whether the advertisement, taken as a whole, is
false or misleading in a material respect.3

5.F.3. UNEARNED, NONHEALTH DEGREES.


A dentist may use the title Doctor or Dentist, D.D.S., D.M.D. or any additional
earned, advanced academic degrees in health service areas in an announcement to
the public. The announcement of an unearned academic degree may be misleading
because of the likelihood that it will indicate to the public the attainment of
specialty or diplomate status.
For purposes of this advisory opinion, an unearned academic degree is one
which is awarded by an educational institution not accredited by a generally
recognized accrediting body or is an honorary degree.
The use of a nonhealth degree in an announcement to the public may be a
representation which is misleading because the public is likely to assume that any
degree announced is related to the qualifications of the dentist as a practitioner.
Some organizations grant dentists fellowship status as a token of membership
in the organization or some other form of voluntary association. The use of such
fellowships in advertising to the general public may be misleading because of the
likelihood that it will indicate to the public attainment of education or skill in the
field of dentistry.
Generally, unearned or nonhealth degrees and fellowships that designate
association, rather than attainment, should be limited to scientific papers and

13
curriculum vitae. In all instances, state law should be consulted. In any review by the
council of the use of designations in advertising to the public, the council will apply
the standard of whether the use of such is false or misleading in a material respect.3
5.F.4. REFERRAL SERVICES.
There are two basic types of referral services for dental care: not-for-profit and
the commercial. The not-for-profit is commonly organized by dental societies or
community services. It is open to all qualified practitioners in the area served. A fee
is sometimes charged the practitioner to be listed with the service. A fee for such
referral services is for the purpose of covering the expenses of the service and
has no relation to the number of patients referred. In contrast, some commercial
referral services restrict access to the referral service to a limited number of
dentists in a particular geographic area. Prospective patients calling the service may
be referred to a single subscribing dentist in the geographic area and the respective
dentist billed for each patient referred. Commercial referral services often advertise
to the public stressing that there is no charge for use of the service and the patient
may not be informed of the referral fee paid by the dentist. There is a connotation
to such advertisements that the referral that is being made is in the nature of a
public service. A dentist is allowed to pay for any advertising permitted by the
Code, but is generally not permitted to make payments to another person or entity
for the referral of a patient for professional services. While the particular facts and
circumstances relating to an individual commercial referral service will vary, the
council believes that the aspects outlined above for commercial referral services
violate the Code in that it constitutes advertising which is false or misleading in a
material respect and violates the prohibitions in the Code against fee splitting.3

5.F.5. INFECTIOUS DISEASE TEST RESULTS.


An advertisement or other communication intended to solicit patients which
omits a material fact or facts necessary to put the information conveyed in the
advertisement in a proper context can be misleading in a material respect. A dental
practice should not seek to attract patients on the basis of partial truths which
create a false impression.3
For example, an advertisement to the public of HIV negative test results,
without conveying additional information that will clarify the scientific significance
of this fact contains a misleading omission. A dentist could satisfy his or her
obligation under this advisory opinion to convey additional information by clearly
stating in the advertisement or other communication: “This negative HIV test
cannot guarantee that I am currently free of HIV.”

5.G. NAME OF PRACTICE.


Since the name under which a dentist conducts his or her practice may be a factor in
the selection process of the patient, the use of a trade name or an assumed name that
is false or misleading in any material respect is unethical. Use of the name of a dentist
no longer actively associated with the practice may be continued for a period not to
exceed one year.3

ADVISORY OPINION
5.G.1. DENTIST LEAVING PRACTICE.
Dentists leaving a practice who authorize continued use of their names should
receive competent advice on the legal implications of this action. With permission
of a departing dentist, his or her name may be used for more than one year, if, after
14
the one year grace period has expired, prominent notice is provided to the public
through such mediums as a sign at the office and a short statement on stationery
and business cards that the departing dentist has retired from the practice.

5.H. ANNOUNCEMENT OF SPECIALIZATION AND LIMITATION OF PRACTICE.


This section and Section 5.I are designed to help the public make an informed
selection between the practitioner who has completed an accredited program beyond
the dental degree and a practitioner who has not completed such a program. The
dental specialties recognized by the American Dental Association and the designation
for ethical specialty announcement and limitation of practice are: dental public health,
endodontics, oral and maxillofacial pathology, oral and maxillofacial radiology, oral and
maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics and prosthodontics. Dentists who choose to announce specialization
should use “specialist in” or “practice limited to” and shall limit their practice exclusively
to the announced dental specialties, provided at the time of the announcement such
dentists have met in each recognized specialty for which they announce the existing
educational requirements and standards set forth by the American Dental Association.
Dentists who use their eligibility to announce as specialists to make the public believe
that specialty services rendered in the dental office are being rendered by qualified
specialists when such is not the case are engaged in unethical conduct. The burden of
responsibility is on specialists to avoid any inference that general practitioners who are
associated with specialists are qualified to announce themselves as specialists.

GENERAL STANDARDS.
The following are included within the standards of the American Dental Association
for determining the education, experience and other appropriate requirements for
announcing specialization and limitation of practice:  

1. The special area(s) of dental practice and an appropriate certifying board must be
approved by the American Dental Association.
2. Dentists who announce as specialists must have successfully completed an
educational program accredited by the Commission on Dental Accreditation, two or
more years in length, as specified by the Council on Dental Education and Licensure,
or be diplomates of an American Dental Association recognized certifying board.
The scope of the individual specialist’s practice shall be governed by the educational
standards for the specialty in which the specialist is announcing.
3. The practice carried on by dentists who announce as specialists shall be limited
exclusively to the special area(s) of dental practice announced by the dentist.  

STANDARDS FOR MULTIPLE-SPECIALTY ANNOUNCEMENTS.


The educational criterion for announcement of limitation of practice in additional
specialty areas is the successful completion of an advanced educational program
accredited by the Commission on Dental Accreditation (or its equivalent if completed
prior to 1967)4 in each area for which the dentist wishes to announce. Dentists
who are presently ethically announcing limitation of practice in a specialty area and
who wish to announce in an additional specialty area must submit to the appropriate
constituent society documentation of successful completion of the requisite
education in specialty programs listed by the Council on Dental Education and
Licensure or certification as a diplomate in each area for which they wish to announce.  

15
ADVISORY OPINIONS
5.H.1. DUAL DEGREED DENTISTS.
Nothing in Section 5.H shall be interpreted to prohibit a dual degreed dentist who
practices medicine or osteopathy under a valid state license from announcing to
the public as a dental specialist provided the dentist meets the educational, expe-
rience and other standards set forth in the Code for specialty announcement and
further providing that the announcement is truthful and not materially misleading.
5.H.2. SPECIALIST ANNOUNCEMENT OF CREDENTIALS IN NON-SPECIALTY
INTEREST AREAS.
A dentist who is qualified to announce specialization under this section may not
announce to the public that he or she is certified or a diplomate or otherwise
similarly credentialed in an area of dentistry not recognized as a specialty area
by the American Dental Association unless:  
1. The organization granting the credential grants certification or diplomate
status based on the following: a) the dentist’s successful completion of a formal,
full-time advanced education program (graduate or postgraduate level) of at least
12 months’ duration; and b) the dentist’s training and experience; and c) successful
completion of an oral and written examination based on psychometric principles;
and
2. The announcement includes the following language: [Name of announced area
of dental practice] is not recognized as a specialty area by the American Dental
Association.
Nothing in this advisory opinion affects the right of a properly qualified dentist
to announce specialization in an ADA-recognized specialty area(s) as provided
for under Section 5.H of this Code or the responsibility of such dentist to limit
his or her practice exclusively to the special area(s) of dental practice announced.
Specialists shall not announce their credentials in a manner that implies specializa-
tion in a non-specialty interest area. 
5.I. GENERAL PRACTITIONER ANNOUNCEMENT OF SERVICES.
General dentists who wish to announce the services available in their practices are
permitted to announce the availability of those services so long as they avoid any
communications that express or imply specialization. General dentists shall also state
that the services are being provided by general dentists. No dentist shall announce
available services in any way that would be false or misleading in any material respect.3
ADVISORY OPINIONS
5.I.1. GENERAL PRACTITIONER ANNOUNCEMENT OF CREDENTIALS
IN INTEREST AREAS IN GENERAL DENTISTRY.
A general dentist may not announce to the public that he or she is certified or a
diplomate or otherwise similarly credentialed in an area of dentistry not recognized
as a specialty area by the American Dental Association unless:  
1. The organization granting the credential grants certification or diplomate
status based on the following: a) the dentist’s successful completion of a formal,
full-time advanced education program (graduate or postgraduate level) of at least
12 months duration; and b) the dentist’s training and experience; and c) successful
completion of an oral and written examination based on psychometric principles;
2. The dentist discloses that he or she is a general dentist; and
16
3. The announcement includes the following language: [Name of announced area
of dental practice] is not recognized as a specialty area by the American Dental
Association.
5.I.2. credentials in general dentistry.
General dentists may announce fellowships or other credentials earned in the
area of general dentistry so long as they avoid any communications that express
or imply specialization and the announcement includes the disclaimer that the
dentist is a general dentist. The use of abbreviations to designate credentials shall
be avoided when such use would lead the reasonable person to believe that the
designation represents an academic degree, when such is not the case.
NOTES:
1. A third party is any party to a dental prepayment contract that may collect premiums, assume financial
risks, pay claims, and/or provide administrative services.
2. A full fee is the fee for a service that is set by the dentist, which reflects the costs of providing the
procedure and the value of the dentist’s professional judgment.
3. Advertising, solicitation of patients or business or other promotional activities by dentists or dental
care delivery organizations shall not be considered unethical or improper, except for those promotional
activities which are false or misleading in any material respect. Notwithstanding any ADA Principles of
Ethics and Code of Professional Conduct or other standards of dentist conduct which may be differently
worded, this shall be the sole standard for determining the ethical propriety of such promotional activities.
Any provision of an ADA constituent or component society’s code of ethics or other standard of dentist
conduct relating to dentists’ or dental care delivery organizations’ advertising, solicitation, or other
promotional activities which is worded differently from the above standard shall be deemed to be in
conflict with the ADA Principles
of Ethics and Code of Professional Conduct.
4. Completion of three years of advanced training in oral and maxillofacial surgery or two years
of advanced training in one of the other recognized dental specialties prior to 1967.

IV. INTERPRETATION AND APPLICATION OF PRINCIPLES OF ETHICS AND CODE


OF PROFESSIONAL CONDUCT.
The foregoing ADA Principles of Ethics and Code of Professional Conduct set forth
the ethical duties that are binding on members of the American Dental Association.
The component and constituent societies may adopt additional requirements or
interpretations not in conflict with the ADA Code.
Anyone who believes that a member-dentist has acted unethically should bring the
matter to the attention of the appropriate constituent (state) or component (local)
dental society. Whenever possible, problems involving questions of ethics should be
resolved at the state or local level. If a satisfactory resolution cannot be reached, the
dental society may decide, after proper investigation, that the matter warrants issuing
formal charges and conducting a disciplinary hearing pursuant to the procedures
set forth in the ADA Bylaws, Chapter XII. PRINCIPLES OF ETHICS AND CODE OF
PROFESSIONAL CONDUCT AND JUDICIAL PROCEDURE. The Council on Ethics, Bylaws
and Judicial Affairs reminds constituent and component societies that before a dentist
can be found to have breached any ethical obligation the dentist is entitled to a fair
hearing.
A member who is found guilty of unethical conduct proscribed by the ADA Code
or code of ethics of the constituent or component society, may be placed under
a sentence of censure or suspension or may be expelled from membership in the
Association. A member under a sentence of censure, suspension or expulsion has the
right to appeal the decision to his or her constituent society and the ADA Council on
Ethics, Bylaws and Judicial Affairs, as provided in Chapter XII of the ADA Bylaws.
17
INDEX
ADVISORY OPINIONS ARE DESIGNATED BY THEIR RELEVANT SECTION
IN PARENTHESES, e.g. (2.D.1.).

A
Abandonment, 6
Ability to practice (2.D.1.), 6
Abuse and neglect, 7
Abuse and neglect (reporting) (3.E.1.), 7
Adverse reactions (reporting) (5.D.1.), 12
Advertising, 12
Credentials
general dentistry (5.I.2.), 17
interest areas, general dentistry (5.I.1.), 16
non-specialty interest areas, specialist (5.H.2.), 16
nonhealth (5.F.3.), 13
unearned (5.F.3.), 13
honorary (5.F.3.), 13
membership and other affiliations (5.F.3.), 13
specialty, 15
Dual degrees (5.H.1.), 16
False and misleading (examples) (5.F.2.), 13
General dentists, 17
HIV test results (5.F.5), 14
Honorary degrees (5.F.3.), 13
Infectious disease test results (5.F.5.), 14
Name of practice, 14
Non-specialty interest areas (5.H.2. and 5.I.1.), 16
Published communications (5.F.1.), 13
Referral services (5.F.4.), 14
Services, 16
Specialties, 15
Unearned, nonhealth degrees (5.F.3.), 13
Advisory opinions (definition), 3
Amalgam and other restorative materials (5.A.1.), 10
Announcement of specialization and limitation of practice, 15
Autonomy (patient), 4
Auxiliary personnel, 6

B
Beneficence, 7
Billing, 11
Bloodborne pathogens, exposure incident, 6
Bloodborne pathogens, patients with (4.A.1.), 9

C
Code of professional conduct (definition), 3
Community service, 7
Confidentiality of patient records (1.B.2.), 4
Conflict of interest, disclosure, 12
Consultation and referral, 5

18
Copayment, waiver of (5.B.1.), 11
Copyrights and patents, 7
Credentials (see advertising)

D
Degrees (advertising) (5.F.3. and 5.H.1.), 13, 16
Dental amalgam and other restorative materials (5.A.1.), 10
Dental procedures, fees (5.B.5.), 11
Dentist leaving practice (5.G.1.), 14
Devices and therapeutic methods, 12
Disclosure, conflict of interest, 12
Disruptive behavior (3.F.1.), 8
Dual degreed dentists (5.H.1.), 16

E
Education, 5
Emergency service, 9
Expert testimony, 9

F
False and misleading advertising, examples (5.F.2.), 13
Fees
contingent (4.D.1.), 9
differential (5.B.3.), 11
rebates, 10, 14
representation, 11
split, 10, 14
Furnishing copies of records (1.B.1.), 4

G
General practitioner announcement of credentials (5.I.1.), 16
General practitioner announcement of services, 16
General standards (for announcement of specialization and limitation of practice), 15
Government of a profession, 7
Gross or continual faulty treatment (reporting), 9

H
HIV positive patients (4.A.1.), 9
HIV post-exposure obligations, 6
HIV test results (advertising) (5.F.5.), 14

I
Impaired dentist, 6
Infectious disease test results (5.F.5.), 14
Interpretation and application of Principles of Ethics and Code of Professional Conduct, 17

19
J
Justifiable criticism, 9
Justifiable criticism (meaning of “justifiable”) (4.C.1.), 9
Justice, 8

L
Law (and ethics), 3
Limitation of practice, 15

M
Marketing or sale of products or procedures (5.D.2.), 12

N
Name of practice, 14
Nonhealth degrees, advertising (5.F.3.), 13
Nonmaleficence, 5

O
Overbilling (5.B.2.), 11

P
Patents and copyrights, 7
Patient abandonment, 6
Patient autonomy, 4
Patient involvement, 4
Patient records, 4
confidentiality (1.B.2.), 4
furnishing copies (1.B.1.), 4
Patient selection, 8
Personal impairment, 6
Personal relationships with patients, 6
Practice
ability to (2.D.1.), 6
dentist leaving (5.G.1.), 14
name of, 14
Preamble, 3
Principles of ethics (definition), 3
Principles
beneficence, 7
justice, 8
nonmaleficence, 5
patient autonomy, 4
veracity, 10

20
Procedures (marketing or sale) (5.D.2.), 12
Products (marketing or sale) (5.D.2.), 12
Professional announcement, 12
Professional demeanor, 8
Published communications (5.F.1.), 13

R
Rebates and split fees, 10, 14
Records (patient), 4
confidentiality (1.B.2.), 4
furnishing copies (1.B.1.), 4
Referral, 5
Referral services (5.F.4.), 14
Reporting
abuse and neglect (3.E.1), 7
adverse reactions (5.D.1.), 12
gross and continual faulty treatment, 9
personal impairment, 6
Representation of care, 10
Representation of fees, 11
Research and development, 7

S
Sale of products or procedures (5.D.2.), 12
Second opinions (2.B.1.), 5
Specialist (announcement and limitation of practice), 15
Specialist (announcement of credentials in non-specialty interest areas) (5.H.2.), 16
Split fees, 10, 14
Standards for multiple-specialty announcements, 15

T
Treatment dates (5.B.4.), 11
Therapeutic methods, 12

U
Unearned, nonhealth degrees (5.F.3.), 13
Unnecessary services (5.B.6.), 11
Unsubstantiated representations (5.A.2.), 10
Use of auxiliary personnel, 6

V
Veracity, 10

W
Waiver of copayment (5.B.1.), 11
21
American Dental Association
Council on Ethics, Bylaws and Judicial Affairs
211 East Chicago Avenue
Chicago, Illinois 60611

A current electronic version of this document


is available at ADA.org.

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