On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/10/1999.
PART V
DISCIPLINARY PROCEEDINGS AND HEALTH COMMITTEE INQUIRIES
33.
—(1) Any —
(a)
complaint made or information given to the Council of the conduct of a registered dentist in his professional capacity or of his improper act or conduct which brings disrepute to his profession;
(b)
information given to the Council on the conviction of a registered dentist of any offence involving fraud or dishonesty, or implying a defect in character which makes him unfit for his profession; or
(c)
information given to the Council touching upon the physical or mental fitness of a registered dentist to practise dentistry,
shall be in writing and shall be supported by such statutory declaration as the Council may require, except that no statutory declaration shall be required if the complaint or information is made or given by any public officer.
(2) The Council shall refer any complaint or information referred to in subsection (1), other than a complaint or information touching upon any matter set out in section 21(1)(a) to (e), to a Complaints Committee.
(3) Where a registered dentist has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, the Council shall, notwithstanding subsection (2), forthwith refer the matter to a Disciplinary Committee.
34.
—(1) For the purpose of enabling Complaints Committees to be appointed in accordance with section 35, the Council shall appoint a panel (referred to in this Act as the Complaints Panel) consisting of —
(a)
not less than 10 and not more than 20 registered dentists of at least 10 years’ standing who are not members of the Council; and
(b)
not less than 5 and not more than 10 lay persons.
(2) A member of the Complaints Panel shall be appointed for a term of 2 years and shall be eligible for reappointment.
(3) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership.
35.
—(1) The President of the Council may from time to time appoint one or more committees comprising —
(a)
a chairman who is a member of the Council;
(b)
2 members of the Complaints Panel who are registered dentists; and
(c)
a member of the Complaints Panel who is a lay person,
to be known as Complaints Committees, to inquire into any complaint or information referred to the Committees by the Council under section 33.
(2) A Complaints Committee shall be appointed in connection with one or more matters or for a fixed period of time, as the President of the Council may think fit.
(3) The President of the Council may at any time remove the chairman or any member of a Complaints Committee or fill any vacancy in a Complaints Committee.
(4) No act done by or under the authority of a Complaints Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the chairman or members or any of them.
(5) The chairman of a Complaints Committee shall, notwithstanding that he has ceased to be a member of the Council on the expiry of his term of office, continue to be the chairman of the Complaints Committee until such time as the Complaints Committee has completed its work.
(6) A member of a Complaints Committee shall, notwithstanding that he has ceased to be a member of the Complaints Panel on the expiry of his term of office, continue to be a member of the Complaints Committee until such time as the Complaints Committee has completed its work.
36.
—(1) A Complaints Committee may meet from time to time for the purposes of its inquiry and may regulate its own procedure.
(2) The chairman of a Complaints Committee may at any time summon a meeting of the Complaints Committee.
(3) The chairman and all the members of a Complaints Committee shall be present to constitute a quorum for a meeting of the Complaints Committee.
(4) Any resolution or decision in writing signed by the chairman and all the members of a Complaints Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where the chairman and all its members were present.
(5) Any question arising at a meeting of the Complaints Committee shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.
(6) Where a Complaints Committee is of the opinion that a registered dentist should be called upon to answer any allegation made against him, the Complaints Committee shall serve on the registered dentist —
(a)
copies of any complaint or information and any statutory declaration or affidavit that have been made in support of the complaint or information; and
(b)
a notice inviting the registered dentist, within such period (not being less than 21 days) as may be specified in the notice, to give to the Complaints Committee any written explanation he may wish to offer.
(7) The registered dentist concerned shall not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.
(8) A Complaints Committee shall inquire into the complaint or information and complete its inquiry not later than 3 months from the date the complaint or information is laid before it.
(9) Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period specified in subsection (8) due to the complexity of the matter or serious difficulties encountered by the Committee in conducting its inquiry, the Committee may apply in writing to the President of the Council for an extension of time to complete its inquiry and the President may grant such extension of time to the Committee as he thinks fit.
(10) All information, including such book, document, paper or other records used by a Complaints Committee in the course of its deliberations, shall be confidential and shall not be disclosed to any person including the registered dentist unless the Complaints Committee in its discretion decides otherwise.
37.
—(1) For the purposes of any inquiry, a Complaints Committee may —
(a)
call upon or appoint any person the Committee considers necessary to assist it in its inquiry;
(b)
require any person to produce any book, document, paper or other record which may be related to or be connected with the subject-matter of the inquiry for inspection by the Complaints Committee or the person appointed under paragraph (a) and for making copies thereof; and
(c)
require any person to attend at a specified time and place and give evidence or produce any such book, document, paper or record.
(2) Any person who, without lawful excuse, refuses or fails to comply with any requirement of the Complaints Committee under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
(3) A Complaints Committee may seek such legal advice as it thinks necessary at any time before it makes its findings.
38. Upon due inquiry into the complaint or matter, a Complaints Committee shall report its findings to the Council and recommend to the Council to do any of the following:
(a)
order that the registered dentist be issued with a letter of advice;
(b)
order that the registered dentist be warned;
(c)
order that the complaint or matter be dismissed;
(d)
order that an inquiry be held by the Health Committee;
(e)
order that an inquiry be held by a Disciplinary Committee;
(f)
make such other order as the Complaints Committee considers appropriate.
39.
—(1) Upon receipt of the findings and recommendation of a Complaints Committee, the Council may either —
(a)
accept the recommendation and make the recommended order;
(b)
refer the matter back to the Complaints Committee for further inquiry; or
(c)
make such other order as the Council thinks fit.
(2) The Council shall notify the registered dentist concerned and the person who made the complaint or gave the information, if any, of its decision.
(3) A registered dentist who is aggrieved by any order of the Council, being an order referred to in subsection (1)(c) or section 38(a), (b) or (f), may, within 30 days of being notified of the determination of the Council, appeal to the Minister whose decision shall be final.
(4) Where the person who made the complaint or gave the information to the Council is dissatisfied with any order of the Council, being an order referred to in subsection (1)(c) or section 38(a), (b), (c) or (f), he may, within 30 days of being notified of the determination of the Council, appeal to the Minister whose decision shall be final.
(5) The Minister may make —
(a)
an order affirming the decision of the Council;
(b)
an order directing an inquiry to be held by a Disciplinary Committee or by the Health Committee; or
(c)
such other order as he thinks fit.
40.
—(1) The President of the Council may, from time to time, appoint one or more committees comprising not less than 4 members of the Council to be known as Disciplinary Committees to inquire into —
(a)
any complaint or matter in respect of which the Minister or the Council has under section 39 ordered that an inquiry be held by a Disciplinary Committee; or
(b)
any matter referred to it under section 33(3).
(2) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time, as the President of the Council may think fit.
(3) The chairman or a member of a Complaints Committee which inquired into a complaint or matter shall not be a member of a Disciplinary Committee inquiring into the same complaint or matter.
(4) The President of the Council shall appoint a member of a Disciplinary Committee to be the chairman of the Disciplinary Committee.
(5) The President of the Council may at any time revoke the appointment of any Disciplinary Committee or may remove any member of a Disciplinary Committee or fill any vacancy in a Disciplinary Committee.
(6) No act done by or under the authority of a Disciplinary Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(7) A member of a Disciplinary Committee shall, notwithstanding that he has ceased to be a member of the Council on the expiry of his term of office, continue to be a member of the Disciplinary Committee until such time the Disciplinary Committee has completed its work.
41.
—(1) The Council shall appoint an observer from a panel of lay persons nominated by the Minister to observe the proceedings of a Disciplinary Committee.
(2) The observer shall not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee.
42.
—(1) Before a Disciplinary Committee commences an inquiry into any complaint or matter referred to it, the Registrar shall serve on the registered dentist concerned a notice of inquiry in the prescribed form.
(2) An inquiry shall not be fixed on a date earlier than 28 days after the date of the notice of inquiry except with the agreement of the registered dentist.
(3) On application to the Disciplinary Committee, the registered dentist may request postponement of the inquiry, and the Disciplinary Committee may, in its discretion, grant the application and postpone the inquiry to such date as it may determine, or refuse the application.
43.
—(1) A Disciplinary Committee shall meet at such times and places as its chairman may appoint.
(2) All the members of a Disciplinary Committee shall be personally present to constitute a quorum for a meeting of the Disciplinary Committee.
(3) All members of a Disciplinary Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.
(4) A Disciplinary Committee shall not be bound to act in any formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence, but may inform itself on any matter in such manner as it thinks fit.
(5) A Disciplinary Committee may appoint an advocate and solicitor for the purpose of an inquiry and pay to the advocate and solicitor, as part of the expenses of the Council, such remuneration as the Council may determine.
(6) The registered dentist concerned may appear in an inquiry in person or be represented by counsel.
(7) If the registered dentist does not appear, the Disciplinary Committee may proceed with the inquiry after first satisfying itself that the notice of inquiry referred to in section 42 was duly served on him.
(8) A Disciplinary Committee may, for the purposes of its inquiry, administer an oath or affirmation to any person giving evidence before it, and any party to the proceedings may sue out writs of subpoena ad testificandum and of duces tecum.
(9) The writs referred to in subsection (8) shall be served and may be enforced as if they were writs issued in connection with a civil action in the High Court.
(10) Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.
(11) Persons giving evidence in an inquiry shall have the same privileges and immunities in relation to an inquiry as if it was a proceeding in a court of law.
(12) The hearing of an inquiry shall be in camera.
(13) A Disciplinary Committee shall carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Committee if the Disciplinary Committee fails to make its finding and order within 6 months from the date of its appointment.
(14) When an application for an extension of time has been made under subsection (13), the Council may grant an extension of time for such period as it thinks fit.
(15) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Committee holding an inquiry, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include such an inquiry.
44.
—(1) Where, upon due inquiry into a complaint or matter, a Disciplinary Committee is satisfied that the registered dentist concerned —
(a)
has been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty;
(b)
has been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him unfit for his profession;
(c)
has been guilty of such improper act or conduct which, in the opinion of the Disciplinary Committee, brings disrepute to his profession; or
(d)
has been guilty of professional misconduct,
the Disciplinary Committee may —
(i)
direct the Registrar to remove the name of the registered dentist from the register;
(ii)
suspend the registration of the registered dentist for a period of not more than 3 years;
(iii)
impose on the registered dentist a penalty not exceeding $5,000;
(iv)
censure the registered dentist; or
(v)
make such other order as it thinks fit.
(2) Where the Disciplinary Committee is satisfied that the registered dentist has not been convicted or guilty of any of the matters referred to in subsection (1)(a) to (d), the Disciplinary Committee shall order that the complaint or matter be dismissed.
(3) The Registrar shall serve on the registered dentist concerned and the person who made the complaint or gave the information, if any, a notice of the order made by the Disciplinary Committee.
(4) Subject to subsection (5), an order referred to in subsection (1) shall not take effect until the expiration of 30 days after the order is made.
(5) On making an order referred to in subsection (1)(i) or (ii), the Disciplinary Committee, if satisfied that to remove the name of the registered dentist concerned from the register or to suspend his registration, as the case may be, is necessary for the protection of members of the public or would be in the best interests of the registered dentist, may order that the Registrar forthwith remove his name from the register or that his registration be suspended, as the case may be.
(6) An order under subsection (5) shall take effect from the time the order is made.
(7) While an order under subsection (1)(ii) remains in force, the person concerned shall not be regarded as being registered as a dentist for the purposes of this Act notwithstanding that his name still appears in the register.
45.
—(1) Where, upon due inquiry into the complaint or matter, a Disciplinary Committee is satisfied that the registered dentist concerned has been convicted or guilty of any of the matters set out in section 44(1)(a) to (d), the Disciplinary Committee may order the registered dentist to pay to the Council such sums as it thinks fit in respect of costs and expenses of and incidental to the inquiry, and the High Court shall have jurisdiction to tax such sums.
(2) An order referred to in subsection (1) shall be enforceable as if it were ordered in connection with a civil action in the High Court.
(3) The Disciplinary Committee in ordering that costs be paid by the registered dentist may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Committee shall have the same effect as if it were a certification by a judge in a civil action in the High Court.
(4) The costs and expenses referred to in subsection (1) shall include —
(a)
the costs and expenses of any advocate and solicitor appointed under section 43(5), and the costs and expenses of an assessor referred to in section 57, in respect of the inquiry;
(b)
such reasonable expenses as the Council may pay to witnesses; and
(c)
such reasonable expenses as are necessary for the conduct of the inquiry.
46.
—(1) Where, in the course of its inquiry, it appears to a Disciplinary Committee that the fitness of the registered dentist concerned to practise dentistry may be impaired by reason of his physical or mental condition, the Disciplinary Committee may refer that question to the Health Committee for determination.
(2) If, on a reference under this section, the Health Committee determines that the fitness of the registered dentist to practise dentistry is not impaired by reason of his condition, the Health Committee shall certify its opinion to the Disciplinary Committee.
(3) If, on a reference under this section, the Health Committee determines that the fitness of the registered dentist to practise dentistry is impaired by reason of his condition, the Health Committee shall certify its opinion to the Disciplinary Committee and shall proceed to dispose of the case in accordance with Division 3.
47.
—(1) Any person aggrieved by a decision of the Disciplinary Committee referred to in section 44(1) or (2) may, within 30 days after the service on him of the notice of the order, appeal to the High Court against the order.
(2) There shall be no appeal from the decision of the High Court.
(3) In any appeal to the High Court against a decision referred to in section 44(1) or (2), the High Court shall accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.
(4) Notwithstanding anything in section 44, where a person has appealed to the High Court against an order referred to in section 44(1), the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or withdrawn.
48.
—(1) There shall be a committee to be known as the Health Committee comprising not less than 3 members of the Council, to be appointed by the President of the Council, which shall inquire into any case referred to it under section 39(1) or (5) or 46(1).
(2) The President of the Council shall appoint one of the members of the Health Committee as the chairman of the Committee.
(3) A member of the Health Committee shall be appointed for a term of 2 years and shall be eligible for reappointment.
(4) A member of the Health Committee shall, notwithstanding that he has ceased to be a member of the Council on the expiry of his term of office, continue to be a member of the Committee until such time as the Committee has completed its work.
(5) Sections 35(3), 40(4), (6) and (7), 41, 42 and 43(1) to (4) and (6) to (15) shall apply, with the necessary modifications, to the Health Committee and to any inquiry by the Health Committee.
(6) The Council may, with the approval of the Minister, appoint medical assessors to assist the Health Committee in its inquiry, and pay to the medical assessors, as part of the expenses of the Council, such remuneration as the Council may determine.
49.
—(1) Where the fitness of a registered dentist to practise dentistry is judged by the Health Committee to be impaired by reason of his physical or mental condition, the Health Committee may exercise one or more of the following powers:
(a)
order that he pays to the Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee;
(b)
order that his registration as a dentist be suspended for such period not exceeding 12 months as may be specified in the order;
(c)
order that his registration as a dentist be conditional on his compliance, during such period not exceeding 3 years as may be specified in the order, with such requirements as may be imposed by the Health Committee for the protection of members of the public or in his interests (referred to in this Division as restricted registration); and
(d)
recommend to the Council that his name be removed from the register.
(2) Where a registered dentist in respect of whom an order for restricted registration is made under subsection (1)(c) by the Health Committee is judged by the Health Committee to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Health Committee may, if it thinks fit, order that his registration be suspended for such period not exceeding 12 months as may be specified in the order.
(3) Where the Health Committee has made an order for suspension under subsection (1) or (2), the Health Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be a restricted registration.
(4) Where the Health Committee has made an order for restricted registration, the Health Committee may revoke the order or revoke or vary any of the conditions imposed by the order.
(5) Subsection (2) shall apply to a registered dentist whose registration is a restricted registration by virtue of an order made under subsection (3) as it applies to a registered dentist whose registration is a restricted registration by virtue of an order referred to in subsection (1)(c), and subsection (4) shall apply accordingly.
(6) Where the Health Committee has made any order under this section, or has varied the conditions imposed by an order for restricted registration, the Registrar shall forthwith serve on the person to whom the order applies a notice of the order or of the variation.
(7) While a person’s registration is suspended by virtue of this section, he shall not be regarded as being registered as a dentist notwithstanding that his name still appears in the register.
(8) Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council shall —
(a)
order that the name of the registered dentist be removed from the register from the date of the making of the order; and
(b)
direct the Registrar to forthwith serve on him a notice of the order.
(9) Any person who is aggrieved by an order, or any variation of the conditions imposed by an order for restricted registration, made under this section may, within 21 days of the service on him of the notification of the order, appeal to the Minister whose decision shall be final.
(10) Any order or any variation of the conditions imposed by an order for restricted registration shall take effect from the time the order or variation is made unless the Minister decides otherwise.
50. A member of the Council who is in the public service shall not be disqualified from being the chairman or a member of a Complaints Committee or a member of a Disciplinary Committee or the Health Committee by reason only that he, or the person who made the complaint or gave the information leading to the proceeding in question, is in the public service.
51. Any notice, order or document required or authorised to be served under this Part shall be deemed to be sufficiently served —
(a)
by delivering a copy thereof personally or by leaving it with some adult person at the last known place of abode or business of the person on whom it is to be served; or
(b)
by sending it by registered post addressed to the person on whom the notice is to be served at his last known place of abode or business.
52. In any proceedings under this Part in relation to the conviction of a registered dentist for a criminal offence, the Minister, the Council, a Complaints Committee, a Disciplinary Committee, and the High Court on appeal from any order of a Disciplinary Committee, shall accept his conviction as final and conclusive.
53.
—(1) A person whose name has been removed from the register under this Part may apply to the Council for his name to be restored to the register.
(2) The Council may, after considering all relevant circumstances, and upon the compliance by the applicant of all conditions imposed by the Council, if any, and the payment of the prescribed fee, restore his name to the register.
(3) Where the name of a person has been removed from the register by a Disciplinary Committee, no application for the restoration of his name to the register shall be made to the Council —
(a)
before the expiration of 3 years from the date of the removal; or
(b)
more than once in any period of 12 months.