Think you already know everything you need to about informed consent? We’ll fill you in on some information that may be new for you.

Getting informed consent from a patient means establishing an agreement on a legal document, granting you clearance to provide treatment or carry out a procedure. Obtaining informed consent from the patient or their parent/guardian on a consent form is generally required of dental providers prior to treatment.

This may vary depending on the state’s regulations, emergency situation, and procedure being done.
The consent form gives patients a sound understanding of what the procedure entails, the risks involved, alternative options, and the right to refuse treatment. It also protects providers from potential legal ramifications.

Verbal vs Documented Consent

Discussing treatment options with a patient transparently so they understand the implications, risks, and potential side effects is important. Obtaining informed dental consent requires acknowledged consent by the patient or guardian on a legal document.

Verbal consent from a patient may not suffice for many treatments, without a signed consent form. Because regulations on this can vary per state and depend on the procedure, it’s wise to check with your state for specifics.

Who is responsible for obtaining informed consent?

Who is responsible for obtaining informed consent?

Although it varies from state to state and depends on the laws, an informed dental consent form is usually provided and attained by the provider or staff. The process of educating the patient or their guardian on the procedure and what expectations they should have can be done by either staff or the provider.

Is it mandatory to have informed dental consent for all dental procedures?

Although dental consent forms provide many benefits for both patients and providers by creating trust, and legal documentation, there are certain circumstances or situations that may not require documented informed consent.

As mentioned previously, different states have varying laws, with some more lenient than others in regards to obtaining informed consent for every procedure.

Dental operations and treatments typically require prior consent, but minor testing or emergency care in certain situations may have exceptions.

Informed Dental Consent and Minors

Informed Dental Consent and Minors

The majority of states consider anyone under the age of 18 as a minor. Due to their vulnerabilities, and limitations in comprehending what informed consent is, along with what treatments may entail, a parent or legal guardian is usually needed for providing their consent.

Conclusion

In the dental industry, receiving patients’ consent before conducting any (non-emergency) procedure is the gold standard, aiming to protect providers and patients. Dental consent forms provide patients with clarity on treatments, and safeguard providers from potential legal action.

mConsent simplifies the process for dental practices, by digitizing consent forms, and enabling patients to complete and submit them remotely, syncing directly into your practice management software (Open Dental, Eaglesoft, Dentrix, and Dolphin).

Learn how mConsent can make your practice paperless, improving efficiency, and cutting down 35% of documentation time.

Important disclosures

The information in this article is for general informational and educational purposes only. Individual results vary by practice. Pricing and program terms are governed by the MSA at activation. mConsent operates as a Business Associate under HIPAA and executes a BAA with client practices.

General information. The information provided in this article is for general informational and educational purposes only and does not constitute legal, financial, compliance, or professional practice advice. mConsent makes no representations or warranties regarding the accuracy, completeness, or suitability of this content for any particular practice or circumstance. Individual results vary based on practice size, payer mix, patient demographics, geographic location, and other factors outside mConsent's control.

Performance benchmarks. Performance benchmarks and industry metrics cited in this article are derived from published third-party research and do not represent guaranteed outcomes for any individual practice. All commercial claims are subject to the terms of your Master Services Agreement (MSA). See mconsent.net/terms-and-conditions/ for details.

HIPAA compliance. mConsent operates as a Business Associate under HIPAA and executes a Business Associate Agreement (BAA) with each customer. Nothing in this article constitutes a representation of HIPAA compliance for any specific workflow, configuration, or use case. Customers are responsible for their own HIPAA compliance program and for ensuring their use of mConsent aligns with applicable regulatory requirements.

TCPA and text messaging. SMS and text-to-pay features referenced in this article require prior express written consent from each patient in compliance with the Telephone Consumer Protection Act (TCPA). Standard message and data rates may apply. Reply STOP to opt out. It is the customer's sole responsibility to obtain and document required consents and to comply with all applicable federal and state telecommunications regulations.

Trademarks. Dentrix® is a registered trademark of Henry Schein One, LLC. Eaglesoft® is a registered trademark of Patterson Companies, Inc. Open Dental® is a registered trademark of Open Dental Software, Inc. These trademark holders are not affiliated with mConsent and do not endorse, sponsor, or certify any mConsent product or service.

Forward-looking statements. This article may contain forward-looking statements about product features described as “designed to” achieve certain outcomes. Actual feature performance, availability, and results may differ. mConsent reserves the right to modify or discontinue features at any time. For current product capabilities, refer to official product documentation at mconsent.net.

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