Section 447.40 - Informed consentAny dentist or dental therapist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable dentist standard is the standard for informing a patient under this section. The reasonable dentist standard requires disclosure only of information that a reasonable dentist would know and disclose under the circumstances. The dentist's or dental therapist's duty to inform the patient under this section does not require disclosure of any of the following:
(1) Detailed technical information that in all probability a patient would not understand.(2) Risks apparent or known to the patient.(3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.(4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.(5) Information in cases where the patient is incapable of consenting.(6) Information about alternate modes of treatment for any condition the dentist or dental therapist has not included in his or her diagnosis, assessment, or treatment plan at the time the dentist or dental therapist informs the patient.Amended by Acts 2023 ch, 87,s 52, eff. 2/2/2024.Amended by Acts 2023 ch, 87,s 51, eff. 2/2/2024.Added by Acts 2013 ch, 345,s 4, eff. 4/25/2014.