Questions and Answers in Oral Health Education. Chloe Foxhall
Standard 4.2 Protect the confidentiality of patients’ information and only use it for the purpose for which it was given.
4.2.1 Confidentiality is central to the relationship and trust between you and your patients. You must keep patient information confidential. This applies to all the information about patients that you have learnt in your professional role including personal details, medical history, what treatment they are having, and how much it costs.
4.2.2 You must ensure that non‐registered members of the dental team are aware of the importance of confidentiality and that they keep patient information confidential at all times.
4.2.3 You must not post any information or comments about patients on social networking or blogging sites. If you use professional social media to discuss anonymised cases for the purpose of discussing best practice, you must be careful that the patient or patients cannot be identified.
4.2.4 You must not talk about patients or their treatment in places where you can be overheard by people who should not have access to the information you are discussing.
4.2.5 You must explain to patients the circumstances in which you may need to share information with others involved in their healthcare. This includes making sure that they understand:
what information you will be releasing;
why you will be releasing it; and
the likely consequences of you releasing the information. You must give your patients the opportunity to withhold their permission to share information in this way unless exceptional circumstances apply. You must record in your patient's notes whether or not they gave their permission.
4.2.6 If a patient allows you to share information about them, you should ensure that anyone you share it with understands that it is confidential.
4.2.7 If other people ask you to provide information about patients (for example, for teaching or research), or if you want to use patient information such as photographs for any reason, you must:
explain to patients how the information or images will be used;
check that patients understand what they are agreeing to;
obtain and record the patients' consent to their use;
only release or use the minimum information necessary for the purpose; and
explain to the patients that they can withdraw their permission at any time. If it is not necessary for patients to be identified, you must make sure they remain anonymous in any information you release.
4.2.8 You must keep patient information confidential even after patients die.
4.2.9 The duty to keep information confidential also covers recordings or images of patients such as photographs, videos, or audio recordings, both originals and copies, including those made on a mobile phone. You must not make any recordings or images without the patient's permission.
Standard 4.3 Only release a patient’s information without their permission in exceptional circumstances.
4.3.1 In exceptional circumstances, you may be justified in releasing confidential patient information without their consent if doing so is in the best interests of the public or the patient. This could happen if a patient puts their own safety or that of others at serious risk, or if information about a patient could be important in preventing or detecting a serious crime.
If you believe that revealing information about a patient is in the best interests of the public or the patient, you should first try to get the patient's permission to release the information.
You should do everything you can to encourage the patient to either release the information themselves or to give you permission to do so. You must document the efforts you have made to obtain consent in the patient's notes.
4.3.2 If obtaining consent from a patient to the release of their information in the public interest is not practical or appropriate, or if the patient will not give their permission, you should get advice from your defence organisation or professional association before you release the information.
4.3.3 If you have information that a patient is or could be at risk of significant harm, or you suspect that a patient is a victim of abuse, you must inform the appropriate social care agencies or the police.
4.3.4 You can be ordered by a court, or you can be under a statutory duty, to release information about a patient without their permission. If this happens, you should only release the minimum amount of information necessary to comply with the court order or statutory duty.
4.3.5 In any circumstance where you decide to release confidential information, you must document your reasons and be prepared to explain and justify your decision and actions.
Standard 4.4 Ensure that patients can have access to their records.
4.4.1 Although patients do not own their dental records, they have the right to access them under Data Protection legislation. If patients ask for access to their records, you must arrange for this promptly, in accordance with the law.
4.4.2 In some circumstances you can charge patients a fee for accessing their records. The maximum you can charge depends on whether the records are paper copies or held electronically. You should check the latest guidance issued by your national Information Commissioner's Office.
Standard 4.5 Keep patients’ information secure at all times, whether your records are held on paper or electronically.
4.5.1 You must make sure that patients' information is not revealed accidentally and that no one has unauthorised access to it by storing it securely at all times. You must not leave records where they can be seen by other patients, unauthorised staff or members, or the public.
4.5.2 If you are sending confidential information, you should use a secure method. If you are sending or storing confidential information electronically, you should ensure that it is encrypted.
4.5.3 If clinical records are computerised, you should make back‐up copies of clinical records, radiographs, and other images.
Principle 5 – Have a Clear and Effective Complaints Procedure
Patient expectations:
Their concerns or complaints to be acknowledged, listened to, and dealt with promptly.
Standard 5.1 Make sure that there is an effective complaints procedure readily available for patients to use and follow that procedure at all times.
5.1.1 It is part of your responsibility as a dental professional to deal with complaints properly and professionally. You must:
ensure that there is an effective written complaints procedure where you work;
follow the complaints procedure at all times;
respond to complaints within the time limits set out in the procedure; and
provide a constructive response to the complaint.
5.1.2 You should make sure that everyone (dental professionals, other staff, and patients) knows about the complaints procedure and understands how it works. If you are an employer, or you manage a team, you must ensure that all staff are trained in handling complaints.
5.1.3 If you work for a practice that provides NHS (or equivalent health service) treatment, or if you work in a hospital, you should follow the procedure set down by that organisation.
5.1.4 If you work in private practice, including private practice owned by a dental body corporate, you should make sure that it has a procedure which sets similar standards and