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From: jrkdmd@dmdscs.com
Newsgroups: sci.med.aids
Subject: Re: AIDS Discrimination with dentists
Message-ID: <1991Apr18.025930.7194@cs.ucla.edu>
Date: 18 Apr 91 02:04:35 GMT
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In article <1991Apr16.102945.5720@cs.ucla.edu>, scott@phlpa.UUCP (Scott Scheingold) writes:
> I have recently come across my first case of discrimination
> due to the fact that I have Aids. I want to know
> what my available alternatives are as far as this dentist
> is concerned.
> [TEXT DELETED]
 This is no joke 2 SECONDS and says that I have 
> HIV periondontal(sp?) disease and ABSOLUTLY no cavities 
> without even taking an X-ray or poking around and that there is nothing
> that he can do for me in his office because I have to have a
> cleaning under the gums and there will be too much "blood
> letting" to do in his office.  I will have to see a periodontist(sp?)
> and he did not know what doctor would see me due to my condition.
> 	I talked to my friend who is HIV - and he had to have 
> the same thing done. It takes about 4 visits to complete and
> the very same doctor did it before in his office. I have
> another appointment with a different dentist who I have confirmed
> will see me knowing my condition. 
> 
> 	What can I do about this dentist discriminating against
> innocent people. Or is just another flaw in the twisted system.
> 
> Scott Scheingold

Scott:

I commend you for being honest with the practicioners you select for your care. 
It is a health professional's nightmare of not knowing what patients are being
treated for, what drugs are being prescribed elsewhere, etc.

The issue of HIV is a very emotionally charged one, people ( including some in
the health care arena ) allow fear, ignorance and hysteria get in the way of
the facts; I fear that this will not change (in reference to AIDS) until a
"cure" (as easy as penicillin for syphlis ) is found.  However, I believe that
a majority of Health care workers have accepted that AIDS patients can be 
treated with appropriate precautions.  As far as IF discrimination has occured
in this case, no one can tell from hearing one side, in a couple of lines in a
posting like this; if you feel you have been wronged -- here are some thoughts:

The ADA (American Dental Association) has a long-standing policy that all AIDS
patients should be treated within the normal scope of the dentists practice for
non-AIDS patients.  (ie. You may be refered to another facility if they
normally do not perform the procedure, or the procedure is sufficiently complex
to require specialty treatment.  eg. if you needed an extraction and the
dentist did not perform extractions routinely he could refer you for that
service).  

Most states have a "PEER-REVIEW" mechanism, whereby disputes or
problems between patients are settled by a hearing of "mediating" dentists. 
(some states are not set up to settle anything but fee disputes, or return fees 
for treatment that was in someway flawwed etc) -- check with the STATE Dental
Association where you are.

The practice of dentistry is controlled by a State Board of Dentistry.  They
also review complaints from patients and can levy fines or suspend/revoke
licensure.  -- check with the STATE Board of Dentistry.

Litigation is always a possibility.  There is a Federal Law called something
like "Americans with Disabilities Act" (ADA - not to be confused with the
American Dental Association ADA) classifying HIV infection as a Disability and
prohibiting discrimination against anyone with ANY disability.  I do not know
if this law has ever been tested yet -- it is relatively new (within the last
year or so).  Probably the local AIDS support/educational groups can offer some
assistance also.

Hoping that the new dentist works out well and you receive the treatment which
you desire.

Best wishes
-jrk