The HIV positive dentist in the United Kingdom - a legal perspective

Williams, M.

doi:10.1038/sj.bdj.2009.608

Cited by 4 publications

(3 citation statements)

References 39 publications

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“…Dentists that are HIV positive who continue to work potentially face a number of legal challenges. 55 In the case of actual transmission of HIV from the dentist to patient, the dentist may be liable for inflicting grievous bodily harm contrary to the recklessness provisions of s 20 of the Offences Against the Person Act 1861 (OAPA), unless the patient was fully informed of the risks, and consented to them. The Crown Prosecution Service (CPS) has successfully prosecuted a number of HIV positive individuals following the transmission of HIV through unprotected, consensual intercourse to an unsuspecting partner using these provisions.…”

Section: The Undiagnosed Clinician That Continues To Workmentioning

confidence: 99%

“…An alternative remedy in the event of actual transmission of HIV might be provided by the Control of Substances Hazardous to Health Regulations 2002 (COSHH Regulations). 55,60 In the absence of actual transmission a challenge may come from individuals claiming injury based on their fear of acquiring AIDS by a potential exposure to an HIV infected person, even though those individuals have not in fact acquired AIDS or HIV infection. 61 Recklessness involves a conscious risktaking.…”

Section: The Undiagnosed Clinician That Continues To Workmentioning

confidence: 99%

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The HIV positive dentist in the United Kingdom – the dilemma of the undiagnosed clinician

Williams

2011

Br Dent J

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Since the time of Dr Acer, the introduction of highly active anti-retroviral therapy (HAART) has led to a dramatic decline in morbidity and mortality among patients infected with HIV. 14 In the United Kingdom, HIV/AIDS has been transformed from being a fatal disease to a chronic illness. 15 Antiretroviral therapy can reduce HIV type 1 viraemia to below the detection limit of ultra sensitive clinical assays (50 copies of HIV-1 RNA/ml). 16,17 Viral load is the chief predictor of risk of heterosexual transmission of HIV-1 and it is known that transmission is rare among persons with levels of less than 1,500 copies of HIV-1 RNA per millilitre. 18 Recent studies support the non-transmissibility of the disease from individuals effectively treated with ant-retrovirals. 19,20 The 2009 Beijing Declaration supports the view that oral healthcare professionals with HIV do not pose a risk of transmission to patients in the dental setting, providing: • The individual is under ongoing care by a suitably qualified HIV health care professional • The individual remains aware of his/ her health status and acts appropriately • Standard infection control is observed • Scientific evidence related to HIV transmission continues to be reviewed. 21 Some European countries now allow HIV positive dentists to work. 22 The current UKAP guidelines are under review, 23

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Section: The Undiagnosed Clinician That Continues To Workmentioning

confidence: 99%

Section: The Undiagnosed Clinician That Continues To Workmentioning

confidence: 99%

The HIV positive dentist in the United Kingdom – the dilemma of the undiagnosed clinician

Williams

2011

Br Dent J

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“…This original correspondence spawned a succession of letters and comments over several years in the British Dental Journal in support of changes to the guidance. [3][4][5][6][7][8][9][10][11][12][13][14][15][16][17][18][19][20][21][22] Since David Croser's paper in 2006 1 there have been a number of incremental changes to guidance which significantly improve the outlook for BBV-infected healthcare workers (HCWs), including dentists, whose work involves EPPs. In particular the outcome of the work of the UK Department of Health Tripartite Working Group, which included members from the Advisory Group on Hepatitis (AGH), the Expert Advisory Group on AIDS (EAGA), the UK Advisory Panel for Healthcare Workers infected with Blood-borne Viruses (UKAP), the Department of Health (DH), the National AIDS Trust (NAT) and other outside experts provided a persuasive case for amendment of the guidance on HIV infected HCWs.…”

Section: Introductionmentioning

confidence: 99%

No longer 'written off' – times have changed for the BBV-infected dental professional

et al. 2017

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There is a recognised potential risk of transmission of blood-borne viruses (BBVs) from infected healthcare workers to patients during exposure prone procedures (EPPs). The restrictions placed on performance of EPPs by infected clinicians in the UK have had a particularly significant impact on dentists, because of the exposure-prone nature of most dental procedures and the difficulties in identifying alternative career pathways in the profession that do not involve EPPs. More recently, the significant positive impact of antiviral drugs on viral load together with a re-categorisation of EPPs in dentistry have resulted in evolution of the guidance with a consequent significant improvement to the career prospects of dentists infected with BBVs. This paper provides an update for practitioners on the progress that has been made and outlines the current position with respect to practice restrictions.

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Infektionsschutz und spezielle Hygienemaßnahmen in klinischen Disziplinen

2016

Krankenhaus- Und Praxishygiene

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The HIV positive dentist in the United Kingdom - a legal perspective

Cited by 4 publications

References 39 publications

The HIV positive dentist in the United Kingdom – the dilemma of the undiagnosed clinician

The HIV positive dentist in the United Kingdom – the dilemma of the undiagnosed clinician

No longer 'written off' – times have changed for the BBV-infected dental professional

Infektionsschutz und spezielle Hygienemaßnahmen in klinischen Disziplinen

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