New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 10AF

10AF Restricted dental practices

(1) A person must not carry out a restricted dental practice unless the person is:

(a) a registered dentist, or

(b) a registered medical practitioner, or

(c) a registered dental student undertaking clinical studies, or undertaking a clinical placement at a public health organisation, or

(d) a registered dental auxiliary who is carrying out dental auxiliary activities subject to the practice oversight of a registered dentist, or

(e) a person performing radiographic work at a public health organisation, or on the order or at the request of a registered medical practitioner or registered dentist, or

(f) a dental prosthetist carrying out a practice of dental prosthetics, or

(g) a dental technician carrying out technical work on the written order of a registered dentist or of a dental prosthetist.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) For the purposes of this Division, restricted dental practice is a restricted health service.

(3) An authorised person or inspector appointed under any of the following Acts is authorised to ascertain whether this section is being complied with:

(a) Dental Practice Act 2001 ,

(b) Dental Technicians Registration Act 1975 ,

(c) Medical Practice Act 1992 .

(4) In this section:
"dental auxiliary activity" has the same meaning as in the Dental Practice Act 2001 .
"dental prosthetist" has the same meaning as in the Dental Technicians Registration Act 1975 .
"dental technician" means any of the following:

(a) a person registered as a dental technician under the Dental Technicians Registration Act 1975 ,

(b) a person approved by the Dental Technicians Registration Board under section 13 (2) (f) of the Dental Technicians Registration Act 1975 ,

(c) a person undergoing in good faith training in technical work under the supervision of a registered dentist or of a person referred to in paragraph (a),

(d) an apprentice, within the meaning of the Apprenticeship and Traineeship Act 2001 , employed by a person referred to in paragraph (a), or by a person employing a person referred to in paragraph (a).

"practice of dental prosthetics" has the same meaning as in section 5 (3) of the Dental Technicians Registration Act 1975 .
"practice oversight" means oversight by a registered dentist in accordance with guidelines approved by the Director-General from time to time.
"public health organisation" has the same meaning as in the Health Services Act 1997 .
"registered dental student" means a person registered as a dentistry student or a dental auxiliary student under section 138 of the Dental Practice Act 2001 .
"restricted dental practice" means any of the following practices:

(a) the performance of any operation on the human teeth or jaws or associated structures,

(b) the correction of malpositions of the human teeth or jaws or associated structures,

(c) the performance of radiographic work in connection with the human teeth or jaws or associated structures,

(d) the mechanical construction or the renewal or repair of artificial dentures or restorative dental appliances,

(e) the performance of any operation on, or the giving of any treatment or advice to, any person that is preparatory to or for the purpose of the fitting, insertion, adjusting, fixing, constructing, repairing or renewing of artificial dentures or restorative dental appliances.

"technical work" has the same meaning as in section 5 (1) of the Dental Technicians Registration Act 1975 .
"written order" means an order:

(a) in a form prescribed for the purposes of issuing directions to dental technicians under the Dental Practice Act 2001 , or

(b) in a form prescribed for the purposes of section 27 (b) (ii) of the Dental Technicians Registration Act 1975 .