About CDAD / Confidentiality
Confidentiality
Confidentiality is a cornerstone of CDAD. CDAD recognizes the importance of
respecting the privacy of those who come forward to seek help, and is committed
to devoting its resources to protecting that privacy. It is critical to CDAD
that dentists feel comfortable that the information they share in the context of
CDAD will remain confidential and will be protected to the full extent of the
law.
In addition, CDAD has implemented numerous safeguards and procedures designed to
create a culture where information is protected and where program participants
can feel comfortable sharing their concerns openly so that they can obtain the
support that they need.
What Governs Confidentiality?
1.
Federal Law
In 1992, the federal government consolidated two separate laws intended to
guarantee the strict confidentiality of information about persons receiving
alcohol and drug prevention and treatment services. This consolidated law, 42
United States Code § 290dd-2, and its implementing regulations, 42 CFR Part 2,
sets forth rules prohibiting the disclosure of private medical information
pertaining to drug and alcohol patients and program participants except in
narrowly defined circumstances and with properly obtained consent forms from the
participant releasing such information. CDAD is aware of the requirements of
this provision, and has designed release of information forms that meet the
mandate of 42 USC § 290dd-2. CDAD understands the importance of getting the
informed consent of the participant whenever any information is to be released
to a third party regarding any CDAD participant.
2.
Peer Review
CDAD is a medical peer review committee, as defined by Massachusetts General
Laws (G.L.) Chapter 111, section 1. As a medical peer review committee, all
proceedings, reports, and records of CDAD are to be kept confidential (G.L. c.
111, § 204). In accordance with the law, such records are not be disclosed, are
not subject to subpoena or discovery, and cannot be introduced into evidence in
any judicial or administrative proceeding, except proceedings held by the board
of registration. CDAD adheres to the strict protection of peer review material
in accordance with this provision.
Use of E-mail
While e-mail is a convenient means of communication, CDAD discourages its use in many contexts. Most importantly, the use of e-mail raises confidentiality concerns. When e-mail is sent from an office or work site, it is difficult to know where or how the information is being reviewed or stored. Many work sites have a policy of reviewing all incoming or outgoing e-mail messages to be sure that no inappropriate content is being transmitted. Even if e-mail messages are not directly reviewed, they are often stored on servers and backed up regularly, so that a record of the transaction is maintained. Such records may be subject to subpoena at a later date, or otherwise used in a manner unforeseen by the sender. In addition, there is a risk of inadvertently sending an e-mail message to one party that is intended for another, or having an e-mail message forwarded to unintended parties.
Although not all individuals who contact CDAD are concerned that the contact be kept confidential, by discouraging the use of e-mail communications, CDAD seeks to provide protection to those individuals who do wish their contact with CDAD to remain private.
CDAD strongly encourages any interested individual to call us directly at (800) 468-2004.
CDAD Relationship to the Dental Board
CDAD is independent of the Board of Registration in Dentistry (BORID), the state agency responsible for the licensure and discipline of dentists in the Commonwealth. However, CDAD maintains a positive working relationship with BORID.
CDAD meets regularly with the BORID to provide continuity for dentists who are under monitoring agreements with BORID and to enhance communication regarding areas of mutual concern, such as dentist support services, remediation, and protection of the public.
CDAD is also approved by the Board as a “diversionary” program. According to the Board’s regulations, a report can be “diverted” from the Board if a dentist with a drug or alcohol problem agrees to participate in CDAD. This diversion is possible when there is no allegation of patient harm and the dentist agrees to participate in CDAD.