New South Wales Consolidated Acts

DENTAL PRACTICE ACT 2001 - SECT 41

41 Meaning of “unsatisfactory professional conduct”-dentists

(1) For the purposes of this Act, "unsatisfactory professional conduct", in relation to a registered dentist, includes any of the following:

(a) any conduct that demonstrates that the knowledge, skill or judgment possessed, or care exercised, by the dentist in the practice of dentistry is significantly below the standard reasonably expected of a dentist of an equivalent level of training or experience,

(a1) engaging in overservicing as provided by subsection (2),

(b) a contravention by the dentist of a provision of this Act or the regulations or of a condition of the dentist’s registration,

(d) a failure without reasonable excuse by the dentist to comply with a direction by the Board to provide information with respect to a complaint under this Part against the dentist,

(e) a failure by the dentist to comply with an order made or a direction given by the Board or the Tribunal under this Act,

(f) a contravention by the dentist of section 34A (4) (Power of Commission to obtain information, records and evidence) of the Health Care Complaints Act 1993 ,

(h) any other improper or unethical conduct by a dentist in the course of the practice or purported practice of dentistry.

(2) A dentist engages in overservicing if the dentist, in the course of professional practice:

(a) provides a service in circumstances in which provision of the service is unnecessary, not reasonably required or excessive, or

(b) engages in conduct that is prescribed by the regulations as constituting overservicing.