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DT U.S. Edition, Nov./Dec. 2010, Vol. 5, No. 23

DENTAL TRIBUNE | Nov./Dec. 2010 Practice Matters 5A quent treatment provider. The dentist is only responsible for helping the patient find a subsequent provider if the patient requests it. It is sufficient for the dentist to refer the patient to a local dental soci- ety for a referral. It is also sufficient to simply provide the patient with a copy of the Yellow Pages listing of local dentists. The only restriction on patient referrals imposed on the dentist is that a dentist should not refer a patient to a subsequent provider if the dentist knows that the subsequent provider is not qualified to satisfy the patient’s needs. Finally, the dentist should inform the patient that, upon request, a copy of his or her records will be forward- ed to him or her or to a subsequent treatment practitioner. It is important to note that HIPAA compliance must be considered and followed regarding the transfer of any patient file. Legally, while it may be acceptable to charge the patient a fee for the copy of his or her records, it may not be prudent in this situation, and may give the patient grounds to consider retaliating by filing a complaint with the local dental board. After patient termination The office staff of a dental practice should be fully aware that a particu- lar dentist-patient relationship has been terminated. Office staff must be aware that an appointment should not be scheduled for a particular patient after the specified termina- tion date. In addition, if a potential subse- quent treatment dentist contacts a dental office in order to ascertain the reason behind the patient seeking a new dentist, office staff must be trained how to properly handle the discussion. No member of the dental staff should malign the patient, as this might interfere with the formation of a new dentist-patient relationship. A member of the office staff, prefer- ably the office manager or the treat- ing dentist, should merely state that there were administrative differences to which the treating dentist and the patient could not agree upon. Once a patient has been dismissed from a practice, the patient should not be accepted back to the practice. Dentists should understand that there are exceptions that apply to ter- minating a patient relationship. The decision to terminate a patient rela- tionship must not be discriminatory. In addition, a dentist should not dismiss a patient who is bleeding profusely, in excruciating pain, suf- fering from major swelling or in a life-threatening situation. Dentists do have the right to dis- continue ongoing treatment if, in their best clinical judgment, the patient’s best interests are served by doing so. This can be accomplished without the risk of having abandoned the patient. When a dentist discontinues treat- ment, the patient still remains a patient of the practice and should be able to seek further treatment at any time. The patient must consent to the discontinuation of treatment. How- ever, if the patient refuses to consent, the dentist has the option of legally terminating the dentist-patient rela- tionship based on the patient’s failure to follow the dentist’s medical advice and to cooperate in their own care. The obligations and duties of both dentists and patients must be under- stood within the dentist-patient rela- tionship. Understanding the significance and ramifications of theses duties and how and when to properly termi- nate a patient will minimize the risk of being sued by the patient or having a patient file a complaint with the local dental board. DT AD About the author Stuart J. Oberman, Esq., has extensive experience in repre- senting dentists during dental partnership agreements, partner- ship buy-ins, dental MSOs, com- mercial leasing, entity forma- tion (professional corporations, limited liability companies), real estate transactions, employment law, dental board defense, estate planning and other business transactions that a dentist will face during his or her career. For questions or comments regarding this article, visit www.gadentalattorney.com.