In 2023, the ADA House of Delegates passed Resolution 517H-2023 Preventing Unfair Discrimination to address these issues. This resolution also made possible the information in the toolkit you are currently reading.
PREVENTING UNFAIR DISCRIMINATION
The following resolution was submitted by the Fourteenth Trustee District and transmitted on September 13, 2023, by Molly Pereira, executive director, Colorado Dental Association.
Background: Appropriate access to, and utilization of, mental health care is a concern in our country and in our profession. A clinician’s well-being is necessary for safe and quality patient care. It not only improves the patient-doctor relationship, but it also supports the entire care team leading to a more effective workforce.
Recent discussion by healthcare organizations, famous athletes, entertainers, and even royalty have encouraged people to seek help for mental health. While there is an increasingly accepting attitude toward treatment for the mental health and wellness issues that can affect anyone, there continues to be misconceptions and discrimination in some public and private institutions against health professionals who have received mental health treatment and who are healing. This type of discrimination can, and does, prevent many health care professionals from seeking the care they need for fear of being unable to renew or receive a license, insurance, or credentials.
It is in the best interest of our profession and our patients that dentists are able to openly seek and obtain mental health care and to disclose information honestly to authorities without fear of discrimination or punitive measures. This can be accomplished with properly phrased questions and reporting mechanisms that accurately convey actual risk. Two examples are:
Option 1: Ask one question consistent with the Federation of State Medical Board’s recommended language: “Are you currently suffering from any condition for which you are not being appropriately treated that impairs your judgment or that would otherwise adversely affect your ability to practice dentistry in a competent, ethical, and professional manner? (Yes/No)”
Option 2: Implement an Attestation Model that offers “safe haven” non-reporting options to those who are under treatment and in good standing with a recognized physician health program or appropriate provider.
These would allow licensing agencies and others to fulfill their obligation to protect the public while destigmatizing mental health care and avoiding inappropriate discrimination.
Utilizing the State Public Affairs program’s existing infrastructure to assist states that are ready to address these issues will benefit our dental team and our patients. The resources that are developed can then be utilized in other states and can inform their advocacy efforts. While some additional investment may be required, the return will be realized by both our profession and the public who we serve.
Resolution
17. Resolved, that the appropriate ADA agency create a pilot project to assist a limited number of states to develop and advocate for legislation or regulation that prevents discrimination in licensing, credentialing, and other matters against dentists who have received counseling, therapy, or treatment for mental health issues, and be it further
Resolved, that the resources developed by this project, including model legislation, be compiled into a toolkit for other state associations to use in their advocacy efforts, and be it further
Resolved, that a report on these activities be prepared for the 2024 House of Delegates.