30 September 2024

AI in dentistry: Navigating legal and ethical challenges

As technology continues to evolve, artificial intelligence (AI) is making its mark across various industries, including healthcare. Dentistry is no exception, with AI being integrated into record-keeping, diagnostics, and treatment planning. However, while AI promises significant benefits, it also presents new legal and ethical challenges that dental professionals must navigate to remain compliant with regulations and uphold the standards of patient care.

  • AHPRA Guidelines on AI use in healthcare - The Australian Health Practitioner Regulation Agency (AHPRA)1 has recently published valuable guidance for healthcare professionals, emphasising the importance of meeting professional obligations when utilising AI technologies. For dental practitioners, this guidance serves as an important resource to ensure that the integration of AI into clinical practice is both legally sound and ethically responsible.
  • Data privacy and security in AI systems - AI systems in dentistry, particularly those involved in diagnostics and treatment planning, heavily rely on large datasets of patient records and imaging data. As a result, concerns regarding data privacy and security have become more prominent. Dental practitioners must ensure that any AI tool they use complies with existing data protection regulations, such as the Australian Privacy Principles (APPs). This includes obtaining informed consent from patients before collecting or using their data in AI systems and ensuring that data is stored securely to prevent unauthorised access or breaches.
  • Fairness and bias in AI algorithms - One of the significant ethical concerns surrounding AI in healthcare is the potential for algorithmic bias. AI systems are trained on vast amounts of data, and if this data is not representative of diverse patient populations, it may inadvertently perpetuate existing health disparities. In the context of dentistry, this could mean that AI tools may not perform as effectively for certain demographic groups, leading to unequal treatment outcomes.

Dental professionals have a duty to ensure that the AI tools they use are developed with fairness and equity in mind. This involves verifying that AI systems are trained on diverse datasets and continually evaluating their performance to ensure they do not discriminate against any patient cohort.

  • The role of AI in informed consent - The introduction of AI into treatment planning and diagnostics adds a new layer to the concept of informed consent. It is essential that patients are made fully aware of how AI is involved in their diagnosis or treatment plan. This includes explaining the benefits, risks, and limitations of AI, allowing patients to make informed decisions about their care.

While AI can enhance clinical accuracy and efficiency, dentists remain ultimately responsible for the care they provide. AI should be viewed as a supportive tool, not a replacement for professional judgment. Practitioners must ensure that AI-generated insights are critically evaluated before being incorporated into treatment decisions.

  • AI and dental record-keeping - AI is also being used to streamline dental record-keeping processes. However, practitioners should not view AI as a substitute for their ethical, legal, and regulatory responsibilities. Dental professionals must still ensure that patient records accurately and contemporaneously reflect the details of consultations and treatments. Transparency is key—patients should be informed when AI is used to manage their records, and safeguards must be in place to maintain the integrity of these records.

The integration of AI into dentistry offers exciting opportunities to improve patient care, streamline operations, and enhance diagnostic precision. However, it also demands that dental professionals remain vigilant about the legal and ethical implications of AI use. Further resources can be found at ada.org.au/policy-statement-6-34-artificial-intelligence-in-dentistry.

ahpra.gov.au/Resources/Artificial-Intelligence-in-healthcare.aspx

Dr Raj DK Dhaliwal
BDS LLM MDentSci MRACDS(DPH) MFGDPRCS FICD FPFA GAICD
Community Relations Manager and Professional Consultant
Dr Raj Dhaliwal is an experienced risk management and clinical professional in dentistry and law. Raj holds positions as an examiner at the Australian Dental Council and the Royal Australasian College of Dental Surgeons, as well as committee positions at both organisations. She is the section chair for the Pierre Fauchard Academy. Raj manages the team of Community Relations Officers / Professional Consultants at ADAVB.