I read with interest Dr. Beverly Largent’s Ethical Moment column in July JADA, "May I Ethically Treat the Child of a Friend Who May Not Have Custodial Rights?" (JADA 2006; 137[7]:1026). I had the opportunity to research this very topic for an article in our local component bulletin.
In Dr. Largent’s article, she suggests that the dentist should ask his friend to have a discussion with the child’s mother, and that the dentist should participate in this contact. I feel this puts an undue burden on the dentist to get involved between two divorced parents, who may or may not have had an amicable separation. The dentist’s ethical responsibility is to the proper treatment of the child.
Divorce laws differ from state to state, so it would be beneficial for dentists to know the law in their own locales. However, in New York State, section 2504 of the New York State Public Health Law1 gives either parent the right to consent to treatment of their child, regardless of their status in divorce proceedings. The fact that the person authorizing treatment for the minor is the child’s parent is enough for the dentist to treat the patient legally. In addition, the other parent cannot overturn the consent given by the first parent.
It also should be noted that the dentist can seek payment from either parent for the child’s treatment, regardless of the divorce decree. That agreement is between the parents, and does not include the dentist. Both parents are legally liable for the child’s debt. More in-depth information can be read in the New York State Dental Journal article, "Keep Your Divorce Out of My Dental Office."2
Dentistry is tough enough without having to determine the court proceedings of a divorcing couple. This law puts the health of the child first, without placing undue burden on the practitioner.
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