PART I - PRELIMINARY

PART I - PRELIMINARY

1. Short title

This Act may be cited as the Dental Council Act.

2. Interpretation

In this Act—

“annual list” means the annual list of dental surgeons and specialists published under section 29;

“Chairperson” means the Chairperson of the Council;

“Code of Practice” means the code of practice established under section 12 (c);

“Council” means the Council established under section 3;

“dangerous drug” has the same meaning as in the Dangerous Drugs Act;

[Inserted 12/19 (cio 1/8/19).]

“delegated power” means the powers delegated, under section 89(2)(b)(i) of the Constitution, and subject to Part IVA of the Public Service Commission Regulations, to the Council by the Public Service Commission to enquire and report into any complaint of professional misconduct or negligence against a registered person appointed by the Public Service Commission;

[Inserted 12/19 (cio 1/8/19).]

“dental specialist” means a person registered as such under section 20;

“dental surgeon” means a person registered as such under section 20;

“diploma in dental surgery” means any diploma, degree, licence or other like qualification or authority to practise dentistry granted by a medical institution;

“medical institution” means any university, corporation, college, faculty or other institution which—

(a) is authorised under the laws of any country to provide courses leading to a diploma in dental surgery; and

(b) is prescribed by regulations made by the Council;

“member” means a member of the Council and includes the Chairperson;

“Minister” means the Minister to whom responsibility for the subject of health is assigned;

“Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of health;

“professional misconduct or negligence”, in relation to a registered person, includes –

(a) a breach of the Code of Practice;

(b) a failure to exercise due professional skill or care which results in injury to, or loss of life of, a person;

(c) a failure to exercise the proper and timely care expected from him;

(d) the prescription of a dangerous drug to any person which is in excess of the amount that is properly required for the dental treatment of that person;

(e) the prescription of a dangerous drug to any person knowing that such a prescription is not required for the dental treatment of that person;

(f) an act of fraud or dishonesty in the exercise of his calling;

(g) an improper, a disgraceful, a dishonourable or an unworthy act, or any other act, which brings the dental profession into disrepute;

[Inserted 12/19 (cio 1/8/19).]

“register” means a register kept under section 20;

“registered person” means a person whose name is on one of the registers kept under section 20;

“Registrar” means the Registrar of the Council appointed under section 10;

“specialist qualification” means a post-graduate qualification in dental speciality obtained after full-time training—

(a) in the case of a person who obtained his specialist qualification before the year 2000, of not less than one year;

(b) in the case of a person who obtains his specialist qualification after the year 2000, of not less than 2 years,

in a medical institution and obtained after a certificated examination;

“Tribunal” means the Medical Disciplinary Tribunal referred to in the Medical Council Act.

[S. 2 amended by GN 27 of 2000; s.4 of Act 12 of 2019 w.e.f. 1 August 2019.]