California RDH Law and Ethics Exam Complete Practice Test

Question: 1 / 400

What action must a dental hygienist take if they receive a subpoena for patient records?

Ignore the subpoena

Contact the patient for their approval

Report it to the dentist and comply with legal requirements while maintaining confidentiality

When a dental hygienist receives a subpoena for patient records, the appropriate action is to report it to the supervising dentist and comply with the legal requirements while maintaining patient confidentiality. This course of action reflects the legal obligations and ethical responsibilities that dental professionals must uphold.

Subpoenas are legal documents that require the recipient to provide evidence or testimony in a legal proceeding. In the context of patient records, the dental hygienist must ensure that they handle such sensitive information in accordance with both legal and ethical guidelines. Reporting the subpoena to the dentist allows for a coordinated response, as it is typically within the dentist's purview to determine how to proceed with the request for records, especially concerning patient consent and confidentiality.

Furthermore, compliance with legal requirements ensures that the dental hygienist is acting within the law, safeguarding both their professional license and the rights of the patient. It is crucial to maintain confidentiality during this process, as patient privacy is protected under the Health Insurance Portability and Accountability Act (HIPAA) and other relevant laws, which restrict the disclosure of health information without proper authorization.

Taking this action balances the need to respond appropriately to a legal request while preserving the trust and privacy of the patient, which is fundamental in the healthcare profession.

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