Can You Mandate YOUR Patients be Vaccinated to be Seen?

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

Recently, a dentist asked us our thoughts on whether she can mandate her patients be vaccinated for COVID-19 as a condition to be seen/treated. The gist of the question was whether there were legal or regulatory prohibitions against pulling the trigger.

As long as your care is considered elective, and the patient is not in the middle of a treatment plan, and does not have a medical reason or sincerely held religious belief which allows them to forego vaccination, a dentist can probably implement that policy.

Do not be shocked, though, if someone tries to challenge that position. Even if you are on the right side of the law, you can still be involved in a legal dispute. Recently, Methodist Hospital in Houston made its employees get vaccinated. ~150 resisted. They were fired. The employees sued. They lost. So Methodist Hospital prevailed.

Dentists are generally not legally obligated to accept unvaccinated patients into their care, nor are they required to retain them. Unvaccinated individuals are currently not a “protected class” under federal or state law, so practitioners are not prohibited from dismissing them unless the patient has some disability or religious belief that puts them in a protected class. So long as there is no other protected classification in which the patient falls, and the dentist gives adequate notice and an opportunity to find other dentists, a dentist may choose to not treat unvaccinated patients.

Interestingly, the American Dental Association wrote about the ethics of refusing to treat unvaccinated patients. This white paper appeared to be published earlier this year when sentiment and mood on this topic were different. It’s not entirely clear whether the ADA would provide the same advice today.

So, can a dentist refuse to treat unvaccinated patients?

With the caveats above, the answer seems to be yes.

Should a dentist refuse to treat unvaccinated patients?

Well, that’s why we have a comment box. For your thoughts. Click to jump to the comment box and join the discussion.

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation.

Learn how Medical Justice can protect you from medico-legal mayhem… 

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2021 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With decades of combined experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.