DENTAL PRACTICE ACT 2001 - As at 1 July 2010 - Act 64 of 2001

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Object of Act
• 4 Definitions
• 5 Notes
• 6 Mutual Recognition laws

PART 2 - REGISTRATION OF DENTISTS

• 7 Registration necessary for certain representations
• 8 Qualifications for registration
• 9 Competence
• 10 Impairment as a dentist
• 11 Full registration
• 12 Provisional registration
• 13 Temporary registration
• 14 Limited registration
• 15 Power to refuse or impose conditions on full registration
• 16 Cancellation and suspension of registration
• 17 Restrictions on registration of deregistered persons
• 18 Appeals concerning registration

PART 3 - REGISTRATION OF DENTAL AUXILIARIES

• 19 Classes of dental auxiliary
• 20 Registration necessary for certain representations
• 21 Qualifications for registration
• 22 Competence
• 23 Impairment
• 24 Full registration
• 25 Provisional registration
• 26 Temporary registration
• 27 Power to refuse or impose conditions on full registration
• 28 Cancellation and suspension of registration
• 29 Restrictions on registration of deregistered persons
• 30 Appeals concerning registration

PART 4 - PRACTICE OF DENTISTRY AND DENTAL AUXILIARY ACTIVITIES

Division 1 - Conduct of practice

• 31 Use of titles by dentists
• 32 Use of titles by dental auxiliaries
• 33 Restrictions on dental auxiliaries
• 34 Ownership of dental practices
• 35 Codes of professional conduct

Division 2 - Returns and information

• 36 Annual return to be submitted
• 37 Notification of convictions, criminal findings and charges
• 38 Courts to provide information on convictions
• 39 Referral of mental health matters to Registrar

PART 5 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

Division 1 - Interpretation

• 40 Meaning of "professional misconduct"
• 41 Meaning of "unsatisfactory professional conduct"--dentists
• 42 Meaning of "unsatisfactory professional conduct"--dental auxiliaries
• 43 References to "complaint"

Division 2 - Complaints

• 44 Grounds for complaints
• 45 Complaint can be made even if person no longer registered
• 46 Who can make a complaint
• 47 Complaints to be made to the Board
• 48 Form of complaint
• 49 Board to notify Commission of complaints
50. (Repealed)
• 51 Investigation of complaint by Board
• 52 Role of the Commission
• 53 How complaints are dealt with
• 54 Serious complaints must be referred to Tribunal
• 55 Medical examination of dental care provider
• 56 Notification of orders to employer and others

Division 3 - Referral of complaints to Dental Care Assessment Committee

• 57 Kinds of complaints that can be referred to Committee
• 58 How complaints are dealt with
• 59 Skills testing of dental care provider
• 60 Recommendations of the Committee
• 61 No legal representation for parties appearing before the Committee

Division 4 - Dealing with complaint by inquiry at a meeting of the Board

• 62 Procedures for dealing with complaint at meeting
• 63 General procedure
• 64 Conduct of meeting
• 65 Making submissions to inquiry
• 66 Decision of the Board
• 67 Admissibility of Board's findings

Division 5 - Disciplinary powers of Board and Tribunal

• 68 Powers may be exercised if complaint proved or admitted
• 69 General powers of the Board
• 70 Power of the Board to recommend suspension or cancellation of registration
• 71 Powers of the Tribunal

Division 6 - Powers of the Board for the protection of the public

• 72 Suspension or conditions to protect the public
• 73 Power to remove or alter conditions
• 74 Referral of matter to Commission
• 75 Special provisions--impairment
• 76 Tribunal to be notified of suspensions
• 77 Extension of suspension
• 78 Expiration of suspension
• 79 Duration of conditions--complaint matters
• 80 Duration of conditions--impairment matters

PART 6 - IMPAIRMENT

• 81 Referral of impairment matters concerning dental care providers or students
• 82 Persons may notify Board of impairment matters concerning dental care providers or students
• 83 Commission may refer impairment matters to Board
• 84 Panel to inquire into matters referred to it
• 85 Panel not to take action while Commission investigating
• 86 Board to give notice of proposed inquiry
• 87 Dental care provider or student entitled to make representations
• 88 Board may require student to undergo medical examination
• 89 Assessment, report and recommendations by Panel
• 90 Voluntary suspension or conditions on registration
• 91 Review of conditions
• 92 Some matters to be dealt with as complaints
• 93 Prohibition or conditions on student
• 94 Appeal by student against order
• 95 Confidentiality of Panel's report

PART 7 - APPEALS AND REVIEW OF DISCIPLINARY ACTION

Division 1 - Appeals against actions of the Board

• 96 Appeals against actions of the Board on a complaint
• 97 Appeal against suspension or imposition of conditions by Board--impairment matters
• 98 Appeal on point of law

Division 2 - Appeals against actions of Tribunal

• 99 Preliminary appeal on point of law
• 100 Appeal against Tribunal's decisions and actions
• 101 Powers of Court on appeal

Division 3 - Review of suspension, cancellation or conditions

• 102 Right of review
• 103 Appropriate review body
• 104 Powers on review
• 105 Nature of review

PART 8 - DENTAL BOARD

• 106 Constitution of the Board
• 107 Functions of the Board
• 108 Membership of the Board
• 109 Staff
• 110 Committees
• 111 Delegation of functions
• 112 Other provisions relating to the Board

PART 9 - DENTAL CARE ASSESSMENT COMMITTEE

• 113 Constitution of the Dental Care Assessment Committee
• 114 Functions of the Committee
• 115 Membership of the Committee
• 116 Other provisions relating to the Committee

PART 10 - IMPAIRED REGISTRANTS PANELS

• 117 Impaired Registrants Panels
• 118 Board to constitute Panel when required
• 119 Decisions of a Panel

PART 11 - DENTAL TRIBUNAL

Division 1 - Constitution of the Tribunal

• 120 The Dental Tribunal
• 121 Chairperson and Deputy Chairpersons of the Tribunal
• 122 Tribunal to be constituted to deal with complaints etc
• 123 Effect of vacancy on Tribunal
• 124 Payment of non-legal Tribunal members
• 125 Seal of the Tribunal

Division 2 - Proceedings of the Tribunal

• 126 Decisions of the Tribunal
• 127 Time when orders take effect
• 128 Powers of Tribunal exercised by Supreme Court
• 129 Registrar to be informed of disciplinary action

Division 3 - Inquiries, appeals etc before the Tribunal

• 130 Jurisdiction
• 131 Notice of time and place of inquiry or appeal
• 132 Conduct of proceedings
• 133 Representation before the Tribunal
• 134 Chairperson or Deputy Chairperson not to review own decisions
• 135 Adjournments and interlocutory orders
• 136 Tribunal to provide details of its decision
• 137 Statement need not contain confidential information

PART 11A - PROHIBITION AGAINST DIRECTING OR INCITING MISCONDUCT

• 137A Prohibition against directing or inciting misconduct
• 137B Extended concept of employment
• 137C Extended concept of carrying on business
• 137D Convicted offenders may be prohibited from carrying on business
• 137E Offence of operating business while prohibited
• 137F Effect of appeal against conviction
• 137G Business interests--effect of prohibition
• 137H Power to require information from convicted persons and others
• 137I Evidentiary certificate

PART 12 - MISCELLANEOUS

• 138 Student registration
139. (Repealed)
• 140 Exemption from restrictions on representations for dental technicians and dental prosthetists
141, 142. (Repealed)
• 143 Application of Criminal Records Act
• 144 How notice is to be given
• 145 Service of documents on Board
• 146 Written statement of decisions
• 147 Notice of disciplinary action to other Boards
• 147A Cancelled registrations to be publicly available
• 147B Protection from liability for certain publications
• 148 False or misleading entries and statements
• 149 Evidentiary certificates and evidence of entry in Registers
• 150 Authentication of certain documents
• 151 Fees
• 152 Dental Education and Research Account
• 153 Appointment and powers of inspectors
• 154 Search warrants
• 155 Liability of officers and members
• 156 Offences by corporations
• 157 Proceedings for offences
• 158 Regulations
159. (Repealed)
• 160 Repeals
• 161 Savings and transitional provisions
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
Schedule 6 (Repealed)
• SCHEDULE 7