PART III – REGISTRATION | Dental Council of Mauritius

PART III – REGISTRATION

20. Registers

(1) The Registrar shall keep—

(a) a register of dental surgeons;

(b) a register of dental specialists;

(d) such other register as the Council may determine.

(2) The Registrar shall enter in the appropriate register—

(a) the names, addresses, qualifications and other particulars of every person who is—

(i) registered as a dental surgeon;

(ii) registered as a dental specialist;

(iii) temporarily registered as a dental surgeon or dental specialist;

(b) any alterations in the names, addresses, qualifications and other particulars of registered persons;

(i) has died;

(ii) has been struck off as a dental surgeon or dental specialist by the Council;

(iii) has been suspended from practising dentistry; or

(iv) has left Mauritius with the intention of settling abroad.

21. Application for registration

(1) Every person who wishes to be registered under section 20 shall apply in person to the Registrar in such form as may be prescribed.

(2) An applicant under subsection (1) shall submit with his application—

(a) in the case of a dental surgeon, the original or a certified copy of his diploma in dental surgery;

(b) in the case of a dental specialist, the original or a certified copy of his specialist qualification;

(d) his birth certificate;

(e) other acceptable evidence of his identity;

(f) such other particulars as the Council may require, including evidence of appropriate linguistic skills after proficiency tests.

(3) Where the Registrar is satisfied that an applicant qualifies for registration under this Act, he may, with the approval of the Chairperson, cause the name of the applicant to be entered in the appropriate register and inform the Council accordingly.

(4) (a) Notwithstanding subsection (2) (a) and (2) (b), the Registrar may, subject to such conditions as the Chairperson may determine, register an applicant if the applicant produces evidence to the satisfaction of the Chairperson that the applicant has obtained a diploma in dental surgery or a specialist qualification.

(b) Where the name of the applicant has been entered in the register pursuant to subsection (3) or paragraph (a), the Registrar shall, not later than 60 days from the date of receipt of the application, notify the applicant in writing of his registration.

[Added 38/11 (cio 15/12/11).]

(5) Where the Registrar does not register an applicant under subsection (3) or (4), the Registrar shall refer the application to the Council for its decision.

[S. 21 amended by s. 10(a) of Act 38 of 2011 w.e.f 15 December 2023

22. Registration of dental surgeon

(1) A person may be registered as a dental surgeon if—

[Amended 27/12 (cio 1/1/13).]

(a) he is a citizen of Mauritius;

(aa) produces a certificate, or a certified copy of a certificate, stating that he has passed at one sitting any 3 subjects at Advanced (‘A’) level (or its equivalent), with a minimum of 21 points, based on the following scale (or such equivalent scale as may be approved by the Council on the recommendation of the Ministry responsible for the subject of education) –

A Level Grade - A Level points

A+ - 10

A - 9

B - 8

C - 7

D - 6

E - 4

[Inserted 27/12 (cio 1/1/13).]

(b) he holds a diploma in dental surgery;

(d) he has not been disqualified from practice as a dental surgeon in any country;

(e) he has not in any country been removed from the list of dental surgeons on account of professional misconduct or negligence;

(f) he does not suffer from any mental or physical incapacity which may hamper the discharge of his duties;

(g) he has successfully undergone such examination as the Council may deem fit for the purpose of determining whether he possesses adequate professional medical knowledge and linguistic skills; and

[Amended 27/12 (cio 1/8/13).]

(h) he has paid such fee as may be prescribed by the Council.

(2) Subsection (1)(aa) shall not apply to a person who has, on the commencement of this section, already enrolled on a course leading to a diploma in dental surgery.

[Inserted 27/12 (cio 1/1/13).]

[S. 22 amended by s. 7 of Act 27 of 2012 w.e.f. 1 March 2013, 1 August 2013.]

23. Registration of dental specialist

A person may be registered as a dental specialist if—

the person is registered as a dental surgeon in Mauritius;

(b) he holds a specialist qualification;

[Repealed 27/12 (cio 1/10/13).]

(d) he is recommended to be registered by the Postgraduate Education Board for Dental Specialists; and

[Repealed and replaced 7/12 (cio 1/10/13).]

(e) he has paid such fee as may be prescribed by the Council.

[S. 23 amended by s. 7 of Act 27 of 2012 w.e.f. 1 October 2013.]

24. Examination [Amended 27/12 (cio 1/1/13).]

(1) The examination referred to under section 22 shall be conducted by a board, the appointment and composition of which shall be prescribed by regulations.

[Amended 27/12 (cio 1/8/13).]

(2) The Council may, for the purpose of an examination, charge such fee as may be prescribed.

[Amended 27/12 (cio 1/8/13).]

(3) A person wishing to be registered as a dental surgeon may be exempted from undergoing the examination referred to in section 22 where he satisfies such criteria as may be prescribed by the Minister after consultation with the Council.

[Inserted 27/12 (cio 1/8/13).]

(4) Notwithstanding section 40, the Minister may, after consultation with the Council, make regulations to provide for the criteria to be satisfied for exemption from compliance with section 22(g).

[Inserted 27/12 (cio 1/8/13).]

[S. 24 amended by s. 7 of Act 27 of 2012 w.e.f. 1 August 2013.]

24A. Postgraduate Education Board for Dental Specialists

(1) For the purposes of section 23(d), there shall be set up a Postgraduate Education Board for Dental Specialists.

(2) The Minister may, after consultation with the Council, make such regulations as he considers necessary –

(a) for the purposes of specifying the objects, functions and composition of the Board; and

(b) for any ancillary matter.

[S. 24A inserted by Act 27 of 2012 w.e.f. 1 October 2013.]

25. Temporary registration of non-citizens

(1) Notwithstanding section 22 (a), a non-citizen may be temporarily registered as a dental surgeon if—

(a) he holds a work permit or is exempted from holding a permit under the Non-Citizens (Employment Restriction) Act;

(b) he satisfies the requirements of paragraphs (b) to (g) of section 22; and

(2) A non-citizen may be temporarily registered as a dental specialist if—

(a) he satisfies the requirements set out in paragraphs (b) and (d) of section 23; and

[Amended 27/12 (cio 1/10/13).]

(b) he has paid the fee prescribed by the Council.

(3) No application for temporary registration under this section shall be processed unless the applicant has submitted all the documents referred to in subsection (1)(a) and section 21(2).

[Added 38/11 (cio 15/12/11).]

(4) Every application under this section, which has been duly submitted to the Registrar, shall be determined within 60 days of the date of the submission.

[Added 38/11 (cio 15/12/11).]

(5) Where the Registrar is satisfied that an applicant qualifies for registration under this Act, he shall temporarily register the applicant.

[Added 38/11 (cio 15/12/11).]

(6) Where the Registrar does not register an applicant under subsection (5), the Registrar shall refer the application to the Council for its decision.

[Added 38/11 (cio 15/12/11).]

(7) Where the Council refuses an application, the Registrar shall, not later than 60 days from the date of receipt of the application, notify the applicant accordingly, stating the reasons for the refusal.

[Added 38/11 (cio 15/12/11).]

(8) Subsections (3) to (7) shall apply to any application for temporary registration made before and pending on the commencement of section 10 of the Economic and Financial Measures (Miscellaneous Provisions) (No. 2) Act 2011, and the 60-day period referred to in subsection (4) shall run, in relation to such applications, as from the date of submission of all the documents referred to in subsection (3).

[Added 38/11 (cio 15/12/11).]

[S. 25 amended by s. 10(b) of Act 38 of 2011 w.e.f 15 December 2011; s. 7 of Act 27 of 2012 w.e.f. 1 October 2013.]

26. Temporary registration of visiting dental surgon or dental specialist

(1) A dental surgeon or dental specialist who—

(a) is engaged in the Republic of Mauritius in the implementation of a Government scheme agreed upon by Government and the World Health Organisation or other similar international agency;

(b) is visiting Mauritius and has been invited to offer his services under a scheme approved by the Ministry; or

(c) is visiting Mauritius for the purpose of teaching, research or study in dentistry under such scheme as may be approved by the Government,

may be temporarily registered as a dental surgeon or dental specialist under this Act.

(2) Any dental surgeon or dental specialist of any visiting force and ship lawfully present in Mauritius shall be exempted from registration for the discharge of his duties.

(3) A dental surgeon or dental specialist registered under subsection (1) shall be exempted from the payment of any fee.

27. Certificate of registration

(1) The Registrar shall issue to every person registered under this Act a certificate of registration in such form as the Council may prescribe.

(2) The Registrar may issue to a registered person a duplicate certificate if he is satisfied that the registered person has lost his certificate of registration.

28. Additional qualifications

Where after registration, a registered person obtains a qualification from a medical institution, the Council may, on application made to it, add the qualification to the register if the Council is satisfied that the qualification is an appropriate qualification to be included in the register.

29. Annual list

(1) The Council shall, not later than 15 February in every year, publish in the Gazette, an annual list.

(2) Notwithstanding section 36, a person shall not—

(a) practise dentistry as, or profess to be, a dental surgeon;

(b) practise as, or profess to be, a dental specialist,

unless his name is on the annual list.

(3) Every dental surgeon or dental specialist who wishes to have his name on the annual list shall—

(a) in the case of a newly registered dental surgeon or dental specialist, on registration;

(b) in any other case, not later than 31 January in every year,

pay to the Council such fee as may be prescribed.

(4) The Registrar shall, on receipt of the fee under subsection (3), enter the name of the dental surgeon or dental specialist in the annual list.

(5) A dental surgeon or dental specialist who fails to comply with subsection (3) (b) may apply to the Council to have his name added to the annual list.

(6) A dental surgeon or dental specialist who makes an application under subsection (5) shall state in writing the reason why he was unable to comply with subsection (3) (b).

(7) Where a dental surgeon or dental specialist makes an application under subsection (5), the Council may, if it is satisfied that there are reasonable grounds to explain his failure to comply with subsection (3) (b), cause the name of the dental surgeon or dental specialist to be added to the annual list on payment of such fees as may be prescribed by the Council.

(8) Any person who contravenes subsection (2) shall commit an offence.

(S. 29 (2) (b) came into operation on 1 July 2000.)

29A. Continuing professional development

(1) Notwithstanding section 29, but subject to subsection (2), no registered person shall have his name entered on the annual list unless he has followed such continuing professional development courses or training programmes dispensed by such institutions or persons as may be approved by the Council.

(2) Subsection (1) shall not apply to a registered person who is excused by the Council on such ground as may be prescribed.

(3) The Council shall give public notice of the courses, programmes, institutions and persons approved under subsection (1).

[S. 29A inserted by s. 7 of Act 27 of 2012 w.e.f. 1 October 2013; repealed and replaced by s. 11 of Act 27 of 2013 w.e.f. 1 August 2016.]

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PART III – REGISTRATION