California Registered Dental Hygienist (RDH) Law and Ethics exam

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Upon receiving a subpoena for your client’s records, what is your best response?

  1. Contact your client for guidance on privilege

  2. Contact the husband’s lawyer and assert privilege

  3. Ignore the subpoena

  4. Comply since it's an official court document

The correct answer is: Contact your client for guidance on privilege

When faced with a subpoena for a client's records, contacting your client for guidance on privilege is the most appropriate response. This action demonstrates a commitment to respecting client confidentiality and maintaining the attorney-client privilege, which are fundamental ethical duties of dental hygienists and other healthcare professionals. Engaging with your client ensures that you clarify whether they wish to assert any claims of privilege concerning their records. Depending on your client's input, there may be factors to consider regarding the release of information, such as ongoing legal disputes or specific wishes regarding confidentiality. Furthermore, this approach promotes transparency and strengthens the trust within the client-hygienist relationship. Taking initiative to reach out to your client as the first step also sets the stage for legal counsel, if necessary, to be sought for proper handling of the subpoena without breaching ethical obligations or legal standards. Compliance without understanding the implications, or ignoring the subpoena altogether, could lead to legal repercussions, such as contempt of court, or undermine the trust relationship with the client. Therefore, seeking your client's guidance is the most prudent and responsible action to take.