Child dental neglect laws: Specifications and repercussions for dentists in 51 jurisdictions

The purpose of this study was to perform an interjurisdictional comparison of statutes and regulations (collectively laws) pertaining to the reporting of child dental neglect by dentists. Case law interpretation or enforcement of the laws was not included in this study.

Child neglect laws were identified in 51 jurisdictions (50 states and the District of Columbia) by performing a Westlaw legal database search, conducting a systematic internet search, and engaging in direct communication with each jurisdiction. Laws on 2 domains relative to dentists were evaluated: protection from civil and criminal liability when reporting child neglect and sanctions for failing to report child neglect.

All jurisdictions have child neglect laws; however, only 8 specify failing to seek dental treatment as child neglect and none adopt the American Academy of Pediatric Dentistry's definition. Although all jurisdictions protect dental professionals who report child dental neglect in good faith, sanctions for failing to report neglect include imprisonment from 6 months (49%) through 5 years (2%) and fines from $1,000 (61%) through $10,000 (6%).

Although the laws vary across jurisdictions, dentists are protected when reporting child dental neglect but can be sanctioned for failing to report it.

Dentists may not be aware of the current sanctions or interjurisdictional differences. Becoming informed about these laws may incentivize dentists to establish reporting protocols for child dental neglect.