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Ethics and Law in Dental Hygiene 3rd ed by Phyllis L. Beemsterboer -Test Bank

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  • ISBN-10 ‏ : ‎ 9781455745463
  • ISBN-13 ‏ : ‎ 978-1455745463

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Ethics and Law in Dental Hygiene 3rd ed by Phyllis L. Beemsterboer -Test Bank

Chapter 08: Dental Hygienist–Patient Relationship
Beemsterboer: Ethics and Law in Dental Hygiene, 3rd Edition

MULTIPLE CHOICE

1. The dental hygienist–patient relationship is a critical factor in the delivery of quality dental hygiene care. The dental hygienist–patient relationship is a two-party association that can only achieve its fullest potential with the committed participation of each of the parties.
a. Both statements are true.
b. Both statements are false.
c. The first statement is true, the second statement is false.
d. The first statement is false, the second statement is true.

ANS: A
Patients enter into this therapeutic relationship with certain expectations. Dental hygienists must understand these expectations through communication with their patients.

DIF: Recall REF: p. 79 OBJ: 1
TOP: 7.0 Professional Responsibility | 7.3 Patient and Professional Communication

2. If a dental hygienist is unable to meet a patient’s expressed expectations, the patient must
a. demand that the dental hygienist meet those expectations.
b. understand but not accept the limitation.
c. either accept the limitation and alter the expectations or seek care from a different provider who is able to meet the expectations.
d. cease to seek care.

ANS: C
If dental hygienists are unable to meet their patient’s expressed expectations, the patient must understand this limitation and either accept the limitation and alter his or her expectations or seek care from an alternative provider who is able to meet the expectations.

DIF: Recall REF: p. 79 OBJ: 1
TOP: 7.0 Professional Responsibility | 7.3 Patient and Professional Communication

3. The dental hygienist has a professional obligation in the relationship with the patient to comply with the laws that govern the practice of dental hygiene and to deliver oral health care services that meet the standards of the profession, because failure to fulfill this professional obligation can result in untoward consequences for the patient although the hygienist is spared.
a. Both the statement and reason are correct and related.
b. Both the statement and reason are correct but NOT related.
c. The statement is correct, but the reason is NOT.
d. The statement is NOT correct, but the reason is correct.
e. NEITHER the statement NOR the reason is correct.

ANS: C
Failure to fulfill this professional obligation can result in untoward consequences for both the patient and dental hygienist.

DIF: Recall REF: p. 79 OBJ: 1
TOP: 7.0 Professional Responsibility | 7.3 Patient and Professional Communication

4. Which of the following is a consequence for the patient of the failure of a dental hygienist to fulfill a professional obligation to comply with the laws that govern the practice of dental hygiene and to deliver oral health care services that meet the standards of care of the profession?
a. Substandard care
b. Complaint review
c. Sanctions
d. Criminal penalties

ANS: A
The consequences for the patient may be substandard and/or unauthorized care. Several consequences are possible for the dental hygienist such as complaint review, sanctions, or even criminal penalties.

DIF: Recall REF: p. 79 OBJ: 1
TOP: 7.0 Professional Responsibility | 7.3 Patient and Professional Communication

5. Each of the following is grounds for a complaint to be filed with the administrative hearing commission in Missouri EXCEPT one. Which one is the EXCEPTION?
a. Use of an alcoholic beverage to an extent that such use impairs a person’s ability to perform the work of any professional licensed or regulated by the commission
b. Failure or refusal to properly guard against contagious, infectious, or communicable diseases or the spread thereof
c. Failure to maintain his or her office or offices, laboratory, equipment, and instruments in a safe and sanitary condition
d. Discrimination based on the provision of free dental services

ANS: D
According to Missouri Statute 332.323, “Notwithstanding any other provision of law to the contrary, any health care provider licensed pursuant to this chapter who provides any service for which the health care provider is licensed may provide such service free of charge. Such health care provider shall not be subject to an action for civil damages for discrimination based on the provision of such free dental services.” (L. 1998 S.B. 790)

DIF: Recall REF: p. 79 OBJ: 1
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

6. A person who practices dental hygiene in Nevada without a license or who, having a license, practices dental hygiene in a manner or place not permitted is guilty of a category D felony
a. if it is the first offense.
b. if it is the second offense.
c. if it is the third offense.
d. in no circumstances, because the offense is categorized as a misdemeanor.

ANS: C
This person is guilty of a category D felony if it is the third or subsequent offense. A misdemeanor is a less serious offense than a felony and involves jail time of less than 1 year. Felonies are categorized according to how serious the offense is found to be, with a category D felony being the least serious and category A being the most serious. Felonies involve jail time of more than 1 year.

DIF: Recall REF: p. 80 OBJ: 1
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

7. Dental hygiene professionals must be familiar with the legal principles of the dental hygienist–patient relationship to guide their actions, decisions, record keeping, and professional interactions. The legal principles are based on society’s general belief that citizens have a right to be protected and, if they come to harm at the hands of another, they have a right charge the offender with a criminal offense.
a. Both statements are true.
b. Both statements are false.
c. The first statement is true, the second statement is false.
d. The first statement is false, the second statement is true.

ANS: C
Citizens have a right to be compensated; however, the offense may involve civil rather than criminal litigation. Although civil offenses are most commonly litigated, both civil and criminal offenses can be committed in the practice of dental hygiene.

DIF: Comprehension REF: p. 80 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

8. Which of the following examples would involve criminal action as well as civil action?
a. Supervised neglect of a periodontal condition involving increased probing depths
b. Sexual assault of a patient during dental treatment
c. Discussion of a 22-year-old patient’s treatment conditions with her mother without obtaining permission
d. Discussion of an 88-year-old patient’s treatment conditions with her daughter without obtaining permission

ANS: B
A violation of criminal law is a violation of a societal rule outlined by statutory law. Sexual assault of a patient would involve criminal as well as civil action. A civil offense is a wrongful act against a person that violates his or her person, privacy, or property or contractual rights. A dental hygienist who fails to provide appropriate periodontal therapy, resulting in a condition of increased severity, may have committed a civil offense. An office manager who breaches confidentiality by discussing a patient’s medical condition with an unauthorized person without the patient’s consent may have committed a civil offense.

DIF: Comprehension REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

9. Which of the following is a wrongful act against a person that violates his or her person (body), privacy, or property or contractual rights?
a. Civil offense
b. Criminal offense
c. Deposition
d. Defamation

ANS: A
A civil offense is a noncriminal violation of an administrative matter. A deposition is part of the discovery of evidence during the investigation of claims and allegations. Defamation is spoken or written words that cause damage to the reputation of another person.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

10. Which of the following is the correct sequence for dealing with civil and criminal offenses?
a. Filing, investigating, resolving
b. Investigating, filing, resolving
c. Filing, resolving, investigating
d. Investigating, resolving, filing
e. Resolving, filing, investigating

ANS: A
The investigation of claims and allegations includes the discovery of evidence. The resolution of claims and allegations may require a court proceeding.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

11. Which of the following is correct name for the party bringing a claim in a civil proceeding and in a criminal proceeding respectively?
a. Complainant; prosecutor
b. Plaintiff; prosecutor
c. Prosecutor; plaintiff
d. Plaintiff; complainant
e. Aggressor; defendant

ANS: B
The party bringing the claim is referred to as the plaintiff in a civil proceeding and the prosecutor in a criminal proceeding. The party defending a claim is referred to as the defendant.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

12. Interrogatories and depositions may be utilized during which of the following stages of the investigation of a legal claim?
a. Informed consent
b. The trial
c. Discovery of evidence
d. Intentional tort
e. Unintentional tort

ANS: C
The investigation of claims and allegations includes the discovery of evidence, which may be gathered through interrogatories and depositions.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

13. The resolution of legal claims and allegations may require a court proceeding known as a
a. deposition.
b. trial.
c. grand jury.
d. tort.

ANS: B
In a trial, the plaintiff or prosecutor is given the opportunity to present allegations, including evidence, and the defendant is given an opportunity to present a defense, including evidence, to a panel of judges or jury.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

14. Who decides questions of law in a trial?
a. Judges
b. Juries
c. Prosecuting attorney
d. Plaintiff
e. Defendant

ANS: A
Questions of law are decided by judges, whereas questions of fact are decided by juries.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

15. The establishment of guilt in a criminal case requires a high level of certainty known as
a. beyond a reasonable doubt.
b. preponderance of evidence.
c. fiduciary relationship.
d. binding arbitration.

ANS: A
In a criminal case, the establishment of guilt requires a high level of certainty known as beyond a reasonable doubt. In a civil case, the establishment of a claim may require a level of certainty that is greater than 50%, known as the preponderance of evidence. The nature of the claim or allegation influences the determination of which party bears the responsibility for meeting the required level of proof.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

16. Which of the following are the two major categories of civil law?
a. Intentional tort and unintentional tort law
b. Contract law and tort law
c. Implied contract law and explicit contract law
d. Assault and battery law

ANS: B
The two major categories of civil law are contract law and tort law. A contract is a legally binding agreement to keep a promise in exchange for something of value. A tort is a civil wrong that results from breach of a legal duty that exists by virtue of society’s expectations of performance, rather than a contractual or privately created performance obligation.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

17. When a patient agrees to cooperate in oral health care and arrange for appropriate payment in exchange for the delivery of services, the courts view the relationship in terms of a contract called a
a. null and void relationship.
b. fiduciary relationship.
c. barter or trade of goods relationship.
d. quid pro quo relationship.

ANS: B
The courts view the relationship between a health care provider and a patient in terms of a contract. The dental provider agrees to deliver oral health care services to a patient and, in return, the patient agrees to cooperate in the care and arrange for appropriate payment. The exchange of promises that creates a binding contract may be express or implied.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

18. Which of the following is the best example of an express rather than implied contract?
a. The patient seats herself in the dental chair.
b. The dentist presents a written treatment plan involving periodontal surgery for the maxillary right quadrant to the patient.
c. The patient arrives at the dental office at the scheduled time for an initial appointment to have an examination of discomfort in the mandibular left quadrant.
d. The patient asks the dentist if the injection of local anesthetic will hurt and the dentist replies that she will anesthetize the patient very slowly and carefully to minimize discomfort.

ANS: B
An express contract is an agreement that is stated in explicit language, either orally or in writing. A written treatment plan that outlines the procedures to be performed and associated costs for the delivery of those procedures may be viewed as an express contract. An implied contract is recognized if, based on the circumstances surrounding a particular event, the assumption that a contract exists between the parties is reasonable. An implied contract can occur through inference by signs, inaction, or silence. The patient’s action of arriving at the dental office at a scheduled time and sitting in the dental chair and the dental provider’s actions of treating the patient may establish an implied contract.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

19. A contractual relationship is a relationship that binds each of the parties to fulfill his or her committed responsibilities. A disruption of contract is the failure to meet one’s contractual obligation, and it may be remedied through the judicial system.
a. Both statements are true.
b. Both statements are false.
c. The first statement is true, the second statement is false.
d. The first statement is false, the second statement is true.

ANS: C
Failure to meet a contractual obligation is known as a breach of contract rather than a disruption of contract, which may be remedied through the judicial system.

DIF: Recall REF: p. 81 OBJ: 2
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

20. A civil wrong that results from breach of a legal duty that exists by virtue of society’s expectations of performance is called a(n)
a. assault.
b. battery.
c. tort.
d. sanction.

ANS: C
A tort is a civil wrong that results from breach of a legal duty based upon society’s expectation of performance.

DIF: Recall REF: p. 81 OBJ: 3
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

21. Which of the following is true of tort law?
a. A tort is a crime that involves criminal law.
b. A tort is a civil wrong.
c. A tort is a legally binding agreement in writing.
d. A tort is a legally binding agreement that is not in writing.

ANS: B
A tort is a civil wrong that results from a breach of legal duty. The two major categories of civil law are contract law and tort law. A contract is a legally binding agreement to keep a promise in exchange for something of value.

DIF: Recall REF: p. 81 OBJ: 3
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

22. Each of the following is true of an intentional tort EXCEPT one. Which one is the EXCEPTION?
a. No intent to cause harm
b. A deliberate and purposeful act
c. Relates to persons and to property
d. Misrepresentation

ANS: A
An unintentional tort includes no intent to cause harm, although harm or injury does occur. An intentional tort is a deliberate and purposeful act that has substantial certainty of untoward consequences from the act. Intentional torts relate to persons and to property. Misrepresentation is deliberate; thus it is an intentional tort.

DIF: Recall REF: p. 82 OBJ: 3
TOP: 7.0 Professional Responsibility | 7.2 Regulatory Compliance

 

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