Opinion
By We the People
10/15/24
Has this happened to you?
| To We the People – The last time I went to the dentist to have my teeth cleaned (by the dental hygienist du jour)–at a dentist office where I have been a patient for nearly a decade–before I sat down in the chair, the hygienist told me, “I see it’s time for you to have x-rays…we’ll do that first.” Because I have essentially lost trust in the medical industry and I no longer wish to be subjected to any unnecessary radiation exposure–especially near my throat or brain–I declined her offer with a polite, “No thank you.” Surprised I would say such a thing, the hygienist said, “Are you sure? It’s time…and it won’t take very long.” Again, I declined and said, “I don’t want any x-rays today, thank you. I just want to have my teeth cleaned.” After the hygienist cleaned my teeth she said, “I’ll go get the dentist so he can take look at your teeth, but first he’s going to want to see current x-rays. Let’s take them now.” To that I replied, “I don’t need to see the dentist today, thank you. I just need to leave.” To that, the hygienist said emphatically, “Well, the law is that you must have x-rays every year. You’ll have to have x-rays the next time you come in here.” I couldn’t believe my ears. The LAW says? What law? Coincidentally, just yesterday I received a phone call from one of our We the People members who was irate over the fact that she had just taken her school-aged daughter to the dentist to have the girl’s teeth cleaned. When the hygienist went through the same litany I experienced, that the daughter would first need to have x-rays before her teeth could be cleaned, our member refused the x-rays and stated clearly she only wanted her daughter to have her teeth cleaned. But instead of the hygienist deferring the x-rays to next time, the hygienist refused to clean the child’s teeth, saying “It’s the law. She must have x-rays today or I can’t clean her teeth.” No amount of pleading or cajoling on the part of our member would sway the hygienist to back off her mandate. It was either X-rays today or nothing. So, our member grabbed her daughter and left. As soon as she got home she called me to report the insanity. After getting off the phone, I referred to Florida Statutes to see what they said about any annual requirement for dental x-rays. 466.018: Dentist of record: patient records. The only mention of x-rays in this section (under item 3) states: Every dentist shall maintain written dental records and medical history records which justify the course of treatment of the patient. The records shall include, but not be limited to, patient history, examination results, test results, and, if taken, X rays. Under item 4 it states: In a multidentist practice of any nature, the owner dentist shall maintain either the original or a duplicate of all patient records, including dental charts, patient histories, examination and test results, study models, and X rays, of any patient treated by a dentist at the owner dentist’s practice facility. The purpose of this requirement is to impose a duty upon the owner of a multidentist practice to maintain patient records for all patients treated at the owner’s practice facility whether or not the owner was involved in the patient’s treatment. This subsection does not relieve the dentist of record in a multidentist practice of the responsibility to maintain patient records. 466.023: Dental hygienists: Scope and area of practice – (item 1)…. dental hygienists may expose dental X-ray films, apply topical preventive or prophylactic agents, and perform all tasks delegable by the dentist in accordance with s. 466.024. 466.0235: Dental charting.— (item 1) For purposes of this section, the term “dental charting” means a recording of visual observations of clinical conditions of the oral cavity without the use of X rays, laboratory tests, or other diagnostic methods or equipment, except the instruments necessary to record visual restorations, missing teeth, suspicious areas, and periodontal pockets. 466.028: Grounds for disciplinary action; action by the board.— (m) Failing to keep written dental records and medical history records justifying the course of treatment of the patient including, but not limited to, patient histories, examination results, test results, and X rays, if taken…. I was unable to find anywhere in this statute that requires a dentist to take x-rays once a year. Nor could I find anywhere that said if the dentist / hygienist has not taken x-rays within the past year that they may not treat the patient.~ ~ ~ I then looked up Florida Statue 381.026: Florida Patient’s Bill of Rights and Responsibilities. item 4a: Rights of Patients – Individual Dignity. 1) The individual dignity of a patient must be respected at all times and upon all occasions…. 7) A patient has the right to refuse any treatment, except as otherwise provided by law. Under Patient Responsibilities A patient is responsible for his or her actions if he or she refuses treatment or does not follow the health care provider’s instructions. ~ ~ ~ Doing more online research, I came upon AVVO.com, Legal Advice by Location. I found one appropriate question asked by someone in Sebring, FL on June 8, 2013: My Dentist says it’s a FL state law that I must get xrays 1 time per year. Do I have to get the xrays? Answer by Lars A. Lundeen, Personal Injury Lawyer in Miami, FL, June 10, 2013: I suggest you not take legal advice from a dentist. There is no such Florida statute requiring yearly x-rays. I surmise that the dentist is trying to tell you that it is advisable or recommended dental care practice to take x-rays once a year. Answer by David Hughs Harris, Personal Injury Lawyer in Venice, FL, June 8, 2013: I’m sure there must be some misunderstanding as to what was said, here. I’m not aware of any law anywhere which requires anyone to undergo dental care, let alone dental x-rays. |
Deb Boelkes
Business World Rising, LLC
1417 Sadler Road, Suite 207
Fernandina Beach, FL 32034
