THEMATIC ARTICLE
Suzette A. T.
Porter & Tonia S. Girdis
Teaching Dental Ethics and
Law at the University of Queensland
Dentistry at The University of Queensland Dental School (UQDS) is a five-year degree with 60 students per year from a wide range of ethnic, religious, cultural, and socio-economic backgrounds. They vary in age although most are eighteen. Their patient contact commences in Year 1 with assisting, and concludes in final year with a full immersion at community health clinics. There are nine discipline streams within the degree and ethics and law are within Community Oral Health and Professional Development.
Development of dental ethics and law curriculum
Until the mid 1990’s, UQDS ethics and law was delivered as loosely structured lectures by speakers, professional associations and indemnity insurers. Although assessed, students felt it was perfunctory and did not research deeply. A total restructure of teaching ethics, law and professionalism was undertaken with help from the School of Philosophy. Our priorities when designing the new course were:
Teach ethics and/or law in all years and as part of all subjects
It is important to both teach ethics and involve students in its application. We have partly reached this goal. At the moment a formal component of ethics and law is taught in all five years. Because the same two people do most of the teaching, there is a collective memory of cases, students, problems that can achieve vertical integration. Professionalism only attracts a minimal attention in other subjects. Plans are in progress for professional conduct to be an integral and assessable part of every subject. The model in Year 5 has been successful and is discussed later.
Adequate time to teach the knowledge base for law and ethics
This required tenacity to set in place and watchfulness to prevent erosion. It is important to have concentrated ethics teaching, independent of other courses, to reinforce the scholarship that informs this field. Students with an affinity for this subject see a reflection in their grades. In Year 3, students have a semester of ethics lectures and in Year 4 they have a large block for law. Whilst small group seminars have not been possible because of lack of timetable space, a compromise was reached with two-hour lectures (rather than 45 minutes). This enables a mixture of didactic lectures and discussion groups.
Creating student interest and peer support
The cases and examples used in teaching are based on the premise that the hardest ethical dilemmas are those which are closest to home, and these are the ones that teach us most. We use cases that students can identify with personally at each stage of their education. These are gathered from prior students’ reflective journals. Wherever possible, the cases retain the student’s own words. Whist discussions start with the abstract, they frequently focus on a genuine and current issue and real solutions are sought. By guiding the discussions back to basic principles and problem solving, the students gain confidence in the techniques. Later in the course, students move into peer groups culminating in a total peer support approach to learning, assessment and discipline in Year 5.
Timing of ethics and law within the degree
The teaching of ethics and law follows a vertically integrated structured involving 50-55 hours of class contact over five years. Assessment occurs in each year by assignment, examination or both. The largest module of ethics teaching is 13 weeks and of law is 18 weeks. The decision to teach ethics before law was an intentional one. Law and ethics often overlap each other and yet health law can differ between countries. In Year 3 students examine the fundamentals of professional ethics including literature reviews, without the distraction of regional legal differences. However, before graduation students must know the local laws thoroughly. This is undertaken in Year 4.
In all written work in Community Oral Health and Professional Development subjects regardless of topic, appropriate ethical or legal deliberation is required. Professional behavior is monitored in all clinical components of the degree. However, it would be true to say that in clinical subjects, feedback is generated mostly when infringements occur (and marks are deducted).
Progression of Ethics and Law throughout the degree
Years 1 & 2
The emphasis in early years is on the ethical decision-making process and reflective learning. Teaching and assessment are a small part within a larger course. The examination question is based on a multi-faceted case requiring deliberation.
In Year 1, students are introduced to the profession of dentistry and are given an overview of bioethical principles. The class exercises focus on autonomy, veracity, rights and obligations. Discussion topics practice the decision-making ‘5-Step Model’ and include:
Do you have a right to education? Do you have a right to practice on patients? Do you have the right to arrive and leave class at will? Why did you choose dentistry? What is a profession? Plus behavior in class, working in teams, working in learning groups, cheating, plagiarism, courtesy, obligations.
In Year 2, the focus expands to include consent, confidentiality and privacy in preparation for closer patient contact. Examples include:
Professional
conduct: How
would you deal with a fellow student who: binge drinks; takes
recreational drugs; gambles; or is out all night clubbing?
Confidentiality
and privacy:
Gossip, information exchange, conversation in open plan clinic and
reception areas, handling written information, patient discussion in
group situations.
Team work:
dealing with a
team member who is lazy, dominates, monopolises - materials,
instruments, dental assistants, staff time.
Patient and
staff management:
discrimination;
bullying; confidentiality etc.
Year 3
In Year 3 dental ethics is a self-contained module with two hours of lectures and seminars over 13 weeks. During Year 3 students investigate the knowledge base informing dental ethics. They keep a reflective journal, prepare an individual assignment with a literature review, work on a joint project and sit for a one-hour examination.
A variety of methods are used to deliver the ethics module. Didactic and interactive lecture techniques are used for some topics. Case based analysis and small group problem solving are used for other topics. Many students have formed personal study groups and they are forced out of this comfort zone during some of the small group sessions to be exposed to alternative views. Two or three cases are presented in the two-hour lecture depending on familiarity or complexity, preparation time, and topics may flow into the next week with take-home tasks.
In Year 3, dilemma encountered by final year students on their clinical placement are used as examples, and examples from dentists in general practice are introduced. During this year, the following lecture topics are covered: Ethical Foundations; Autonomy; Consent; Confidentiality; Deception; Equity and Justice; Professional and Client; Professional Associations & Codes; Professional Dissent; Altruism; Business Ethics; Professional Dilemma.
Examples of cases, assignment topics, examination questions:
Professional relationships: “Some students complain that staff (dentists and dental assistants) do not treat them with ‘respect’ in front of their patients. The counter-claim by staff is that students do not respond to ‘hints’ when problems need correcting and the only alternative is to directly approach them.”
Consent and autonomy: “Dentists experience discomfort when treating a patient with a neglected oral cavity and who does not value the dental treatment suggested or provided. How would you seek to understand and treat such a patient?”
Equity and justice: “When dentists employed in the public sector are asked to identify their most frequent ethical dilemma, many cite the need to ration treatment due to inadequate resources. They have to decide between (a) comprehensive, high quality care for a few people and (b) limited care for many. What are the deliberations that you would undertake in making this decision? How would you explain it to your patients?”
Conflict of interest: “Discuss the ethical impact of commercial involvement in providing money, non-financial support
and/or publicity for (a) research activities (b) to support teaching clinics.”
Paternalistic and non-paternalistic deception: “Discuss examples of paternalistic and non-paternalistic deception that may be involved in recommending tooth bleaching.”
International relations: In Australia (and most countries) there is a shortage of dentists to provide dental treatment to all people, especially in rural or low socio-economic districts. Discuss the ethical implications of recruiting dentists from overseas.”
Quality of care: “During clinical practice, a student hides a serious mistake from the clinical demonstrator but you are acting as the assistant and you are aware of this action. What options do you have, and how would you act in this circumstance?”
Year 4
Year 4 incorporates a full-year course in Community Dentistry. Health law, epidemiology and public health are some of the modules that contain lectures on ethics and law. This course also rounds off professional ethics by inviting experts to lecture on specific topics such as culture, disability, child abuse and volunteering. Students continue with their reflective journal. Research ethics is assessed using an application to a Research Ethics Committee and the law module is assessed by a written examination. In Year 4, health law is a major component and lectures include:
Foundations of Health Law:
The Constitution, the common law and statutory regulation
Fundamentals of Health Law:
Consent
Negligence
Privacy and Confidentiality
The Health Practitioner (Professional Standards) Act(Qld); the Dental Practitioner’s Registration Act (Qld)
Team work dentistry (obligations and responsibilities)
Heath Quality and Complaints Commission
Discrimination
Child abuse
Insurance/indemnity and risk minimisation
The examination requires the students to apply the legal and ethical reasoning skills that they have acquired throughout the course to a number of hypothetical situations. Two examples follow:
(a) You are a dentist treating children at a school in a disadvantaged community. A teacher sends six-year old Milly to you
because she has a facial swelling and complains of pain. A brief glance in her mouth indicates that the lower left second deciduous molar (75) cannot be saved. You also note that Milly has rampant caries and no restorations. Milly’s parents come to the clinic to give their consent for treatment and the necessary extraction. Her father becomes quite aggressive. He appears to be under the influence of alcohol. He is angry because he believes that you are exaggerating Milly’s condition.
He says that you want to extract the tooth because the government is forcing indigenous Australians to have treatment they don’t want. Milly’s mother does not agree with the father and consents to the extraction. However, she seems unconcerned about the carious teeth that are pain-free and is reluctant to have them treated.
Analyse the legal, ethical and other issues involved in this situation. How would you deal with this situation?
(b) There is a ‘Cosmetic Dental Clinic’ located not far from your practice. It is modern and has large advertisements in both the local paper and on site. They also have a ‘Tooth Brightening’ booth in the local mall. For some months patients have been coming to you because they cannot afford the treatment recommended by the Cosmetic practice. From comments that the patients have made, you have developed an idea of how the practice works.
• Patients must go to the hygienist for saliva testing, hygiene instruction, a scale and clean and X-rays before they can get
an appointment with the dentist for treatment planning.
• At each visit a dental assistant checks the oral hygiene with disclosing solution.
• Most treatments involves removal of amalgam restorations. Many patients believe that this is essential rather than cosmetic, even though you find no disease or breakdown of the existing restoration.
• The patients are of the firm belief that the dentists at this practice are specialists in cosmetic dentistry and the appointment card uses the word ‘specialist’.
• Although generally happy, the patients come to you because they cannot afford such “high quality specialist” treatment. They want you to offer compromise treatment to fit their budgets.
Discuss the issues that are encountered in this case.
Year 5
In Year 5 students undertake two placements of 17 weeks in public health clinics. Two to four students become members of each clinic team treating patients from lower socio-economic districts for both emergency and comprehensive dental care. They return to the dental school for three teaching weeks during which a variety of speakers including those from professional associations and indemnity insurers give lectures. The assessment for final year is a non-graded ‘pass-fail’ and has four components: supervisor reports, case reports, record of professional development, oral examination. The supervisors provide two reports on student’s clinical progress each semester (using excellent, good, adequate and fail for each item). The professional development component of this clinical report contains the following details:
Ethics, Law, Professional Behavior
Medico-legal:
Excellent / Good / Acceptable
/ Fail
Consent – valid, informed, without coercion;
Record keeping – clear, complete, concise, management of patient
files;
Dental Act, privacy legislation, radiation safety legislation, other
regulations;
Workplace health and safety, reporting accidents and injuries;
chaperone during treatment
Ethical
Practice:
Excellent / Good / Acceptable / Fail
Confidentiality, patient autonomy, veracity, non-discrimination, not
condone unethical behavior in others, use influence wisely; use
personal reflection
Professional
behavior:
Excellent / Good / Acceptable
/ Fail
Maintain a professional relationship with supervisors & other
health professionals
Exhibit tolerance & compassion; place others ahead of self;
professional dress and grooming
Good work ethic, positive attitude towards learning, actively seek
experience
Know self-limitations, seek help in a timely fashion; provide &
receive constructive criticism
Sound time management, meet deadlines, set appropriate priorities,
understand the obligations to contribute to professional development
of self and others
Teamwork:
Excellent / Good / Acceptable / Fail
Supervise & direct a dental assistant; understand roles and
duties of auxiliaries
Not attract complaints from staff or patients, and manage complaints
that occur
Contribute to smooth management of clinic, behavior conducive to
harmony within clinic
Students write four case reports exemplifying difficulties they experienced in ethics, law or professionalism whilst on placement. The cases must be experienced by or observed by the student. The case reports are peer assessed and the peer reviewers are assessed on their feedback. Peer groups are used in developing and assessing each student’s professional development plan for the year. The final oral examination with a panel of four is held in the last week of the year and includes legal and ethical questions. If during the year any student performs in an unprofessional manner, a peer review committee is convened. This has only been used twice since 2005.
Outcome of the course
The University of Queensland undertakes a regular survey of all students to determine, among other things, their level of social sensitivity. This measure has increased greatly for dentistry students over the past ten years. Also, in the evaluations of courses conducted within dentistry, students indicate that the ethics and law components of their study are intellectually stimulating and challenging.
The authors have observed changes in student reactions and behavior to legally and ethically challenging situations. Students appear to be more confident in open discussions with their peers and with the authors. Their communication style is more professional and thoughtful than in the past. They seek clarification of their own solutions, having already applied the framework of ethical problem solving. This is in contrast to previous students who would arrive with a problem for others to solve. Students are also more likely to discuss and solve problems collectively and openly rather than individually and privately.
About the Authors
Dr.
Suzette A.T. Porter was Discipline Leader of Community Oral Health,
Ethics and Professional Development at The University of Queensland, for
nineteen years. She is currently the Director Oral Health Clinical
Education & Training in Queensland Health, Australia
Dr. Tonia S. Girdis has been a lecturer at The University of Queensland
School of Dentistry for ten years teaching both dentistry and oral
health students. She is also a dentist in private practice.
Correspondence
The authors can be reached at t.girdis@uq.edu.au
Citation
Porter, S. A. T. & Girdis, T. S. (2009). Teaching dental ethics and law at the University of Queensland. Bulletin of the International Dental Ethics and Law Society 9(2), 19-26.