50 - Discriminating hygienist

A hygienist received a letter from the national regulatory body, concerning a complaint that had been received from an HIV positive patient who had apparently earlier been refused treatment by the hygienist at the practice. The patient claimed that he had been discriminated against. The complaint had initially been addressed to the employing dentist who unfortunately did not involve the hygienist in his response. It is therefore interesting to note that when the patient pursued the complaint to the regulatory body, it was the hygienist who was accused and summoned to appear before its Disciplinary Committee.

At the hearing, it was strongly argued that the hygienist had not deliberately discriminated against the patient but had merely misunderstood practice policy. It transpired that the principal had recently provided details of a nearby clinic specialising in treating medically compromised HIV positive patients, and the hygienist had taken this to mean that all patients were to be referred to the clinic.

After considerable deliberation, the Disciplinary Committee found that the facts had been proven, but that the hygienist was not guilty of professional misconduct and she was allowed to continue to practice.

Quickly obtain a report from everyone involved in a complaint before the initial response is made. A suitably apologetic and explanatory letter to the patient might have prevented this case progressing further, thereby eliminating a very stressful experience for the hygienist involved.