§1161.1. Consent to dental treatment
A. As used in this Subpart:
(1)"Dental treatment" means those practices and procedures which fall within the
definition of the practice of "dentistry", as that term is defined in R.S. 37:751, except when
performed by a physician or surgeon in the practice of his profession.
(2)"Patient" means a natural person who receives dental treatment.
(3)Notwithstanding the provisions of this Subpart, a dentist who performs oral or
maxillofacial surgery in a hospital shall be subject to the provisions of R.S. 40:1157.1.
B. Notwithstanding any other law to the contrary, "informed consent" means consent
to any dental treatment or course of dental treatment given by a patient:
(1)After the patient has been informed in general terms of the nature and purpose
of the
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§1161.1. Consent to dental treatment
A. As used in this Subpart:
(1) "Dental treatment" means those practices and procedures which fall within the
definition of the practice of "dentistry", as that term is defined in R.S. 37:751, except when
performed by a physician or surgeon in the practice of his profession.
(2) "Patient" means a natural person who receives dental treatment.
(3) Notwithstanding the provisions of this Subpart, a dentist who performs oral or
maxillofacial surgery in a hospital shall be subject to the provisions of R.S. 40:1157.1.
B. Notwithstanding any other law to the contrary, "informed consent" means consent
to any dental treatment or course of dental treatment given by a patient:
(1) After the patient has been informed in general terms of the nature and purpose
of the dental treatment or course of dental treatment and those risks of death, brain damage,
quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars,
if any, associated with such dental treatment or course of dental treatment which would
ordinarily have been disclosed under the same or similar circumstances by dentists with the
same or similar training and experience; and
(2) After the patient has been given an opportunity to ask questions concerning such
dental treatment or course of dental treatment and his questions, if any, have been answered
in a satisfactory manner.
C. Where the informed consent for dental treatment is obtained in writing, no
evidence shall be admissible to modify or limit the authorization for performance of the
dental treatment or course of dental treatment and such informed consent, in the absence of
clear and convincing proof that execution of the consent was induced by fraudulent
misrepresentation of material facts by the involved dentist, shall be conclusively presumed
to be valid and effective. Where such written consent is employed it shall also be
conclusively presumed that the patient, or his representative, is able to communicate
effectively in spoken or written English or in any other language in which the consent form
is written and that the patient, or his representative, has understood the information disclosed
in the written consent, provided that such informed consent is documented in a writing which
contains all of the following:
(1) Sets forth in general terms the nature and purpose of the dental treatment or
course of dental treatment together with those risks described in Paragraph B(1) of this
Section.
(2) Acknowledges that such disclosure of information has been made, that the patient
has been given an opportunity to ask questions concerning such dental treatment or course
of dental treatment, and that all questions asked have been answered in a satisfactory manner.
(3) Is signed by the patient for whom the dental treatment or course of dental
treatment is to be performed, or if the patient for any reason lacks legal capacity to consent,
by a representative of the patient as provided in the Louisiana Medical Consent Law, in R.S.
40:1159.1 et seq.
D. The responsibility for obtaining the informed consent of a patient shall be that of
the dentist who is actually to provide or supervise the provision of the contemplated dental
treatment or course of dental treatment. However, a lay or professional employee of a
hospital or of the dentist, acting with the approval of the dentist, may validly perform the
ministerial act of documenting such informed consent by securing the completion and
execution of a written consent.
E. In any action for damages in which it is alleged that a patient underwent a dental
treatment or a course of dental treatment without his informed consent, the plaintiff shall
have the burden of proving, by a preponderance of the evidence, that:
(1) The defendant dentist failed to disclose a risk of death, brain damage,
quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars
associated with such dental treatment or course of dental treatment which would ordinarily
have been disclosed under the same or similar circumstances by dentists with the same or
similar training and experience;
(2) Such undisclosed risk did occur; and
(3) A reasonably prudent person in the patient's position would not have undergone
the dental treatment or course of dental treatment had he been properly informed.
F. It shall not be essential to the validity of any informed consent that the consent be
obtained in writing. Where consent to dental treatment by the patient or consent to dental
treatment from a person authorized by law to consent to dental treatment for the patient is
secured other than in writing in accordance with Paragraph C of this Section, the explanation
to the patient or person authorizing consent for the patient shall include the matters set forth
in Paragraphs B(1) and B(2) of this Section, such consent shall be valid, effective, and
subject to proof according to the rules of evidence of ordinary cases.