On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/02/2012.
PART V
FITNESS TO PRACTISE DENTISTRY
29.
—(1) Where any complaint or information laid before a Complaints Committee under section 34(8) of the Act touches upon the physical or mental fitness of a registered person to practise dentistry, the chairman of the Complaints Committee may send a notice in writing to the registered person —
(a)
inviting him to agree within 14 days to an examination by at least 2 medical practitioners to be appointed by the Complaints Committee and to the medical practitioners furnishing to the Complaints Committee reports on his fitness to practise dentistry; or
(b)
if the information received by the Complaints Committee includes reports on the registered person by medical practitioners who have recently examined him, and it appears to the Complaints Committee that the reports afford sufficient medical evidence that the registered person’s fitness to practise dentistry may be impaired by reason of a physical or mental condition, so informing him.
(2) The Complaints Committee shall, in the notice referred to in paragraph (1) —
(a)
inform the registered person that he may nominate not more than 2 medical practitioners to examine him and report to the Complaints Committee on his fitness to practise at his own expense; and
(b)
invite the registered person to submit any observations or other evidence which he may wish to offer as to his own fitness to practise.
(3) Subject to section 35(5) of the Act, the chairman of the Complaints Committee shall forward to the registered person copies of the complaint or information, and any statutory declaration or affidavit made in support of the complaint or information, together with the notice referred to in paragraph (1).
(4) If the registered person —
(a)
refuses to be examined;
(b)
having agreed to a medical examination, fails to submit to the medical examination when it has been arranged by the Complaints Committee;
(c)
in the case of medical examination by a medical practitioner nominated under paragraph (2)(a), fails to submit himself to the medical examination within 30 days of the despatch of the notice referred to in paragraph (1), or such further period as the Complaints Committee may allow; or
(d)
does not reply to the Complaints Committee within 14 days of the despatch of the notice referred to in paragraph (1), or such further period as the Complaints Committee may allow,
the Complaints Committee may forthwith proceed with its inquiry and make such order as it thinks fit under section 36 of the Act.
30.
—(1) If the registered person agrees to submit to a medical examination by medical practitioners appointed by the Complaints Committee, the Complaints Committee shall make arrangements for such examination.
(2) The Complaints Committee shall send to the registered medical practitioners referred to in paragraph (1) or medical practitioners nominated by the registered person the information received by the Complaints Committee and shall ask them to report to the Complaints Committee —
(a)
on the fitness of the registered person to practise dentistry, either generally or on a limited basis; and
(b)
on their recommendations, if any, as to the management of his case.
31.
—(1) The Complaints Committee shall —
(a)
subject to section 35(5) of the Act and paragraph (2), send to the registered person copies of the reports obtained from the medical practitioners referred to in regulation 30; and
(b)
invite the registered person to submit any further written observations or other evidence which he may wish to offer as to his own fitness to practise.
(2) If, in the opinion of the Complaints Committee, the reports referred to in paragraph (1)(a) contain any material which is not relevant to the inquiry and which it would not be in the best interests of the registered person for him to see, the Complaints Committee may exclude such material from the documents sent to the registered person under paragraph (1)(a).
(3) Any information excluded under paragraph (2) shall not subsequently be referred to the Health Committee.
32.
—(1) The following provisions shall apply, with the necessary modifications, to the Health Committee:
(b)
regulations 29, 30 and 31(1).
(2) For the purposes of the application of the provisions in paragraph (1)(a) and (b) to a Health Committee —
(a)
references to the Disciplinary Committee in the provisions referred to in paragraph (1)(a); and
(b)
references to the Complaints Committee in the provisions referred to in paragraph (1)(b),
shall be read as references to the Health Committee.
(3) For the purposes of the application of the provisions in paragraph (1)(a) to a Health Committee, references to the Council’s solicitor in those provisions shall be read as references to any advocate and solicitor appointed by the Health Committee to present evidence on the dentist’s unfitness to practise dentistry.
33.
—(1) The Health Committee shall, as soon as practicable, send to the registered person a notice —
(a)
indicating the physical or mental condition by reason of which it is alleged that his fitness to practise is impaired;
(b)
stating the date, time and place at which the inquiry will be held; and
(c)
inviting the registered person to state whether he proposes to attend the inquiry, and informing him that he may be represented by his counsel and may be accompanied by his medical adviser.
(2) The notice referred to in paragraph (1) shall be sent —
(a)
by delivering it to the registered person or some adult member or employee of his family or household at his last known residence;
(b)
by leaving it at his usual or last known residence or place of business in a cover addressed to him; or
(c)
by registered post, addressed to the registered person at his last known residence or place of business.
(3) Except with the agreement of the registered person, no case shall be heard by the Health Committee at any date earlier than 28 days after the date of the notice referred to in paragraph (1).
(4) The notice referred to in paragraph (1) shall be accompanied by a copy of any report, written statement and document before the Health Committee, which has not already been sent to the registered person.
33A. Where neither the registered person nor his counsel is present, the Health Committee may proceed with the inquiry if the Health Committee is satisfied that regulation 33 has been complied with.
34.
—(1) The President may arrange for one or more medical assessors, appointed under section 48(6) of the Act, to assist the Health Committee at any of its proceedings.
(2) In choosing a medical assessor to assist the Health Committee at any of its proceedings, the President shall have regard to any opinion expressed by the Health Committee as to the nature of the matters on which medical advice would be useful.
35.
—(1) The Health Committee may, at any stage of the inquiry —
(a)
with the consent of the registered person; or
(b)
where, after consultation with the legal assessor, it is satisfied that its reception is desirable to enable it to perform its duty,
refer to any written statement or medical reference material, notwithstanding that its author or, in the case of medical reference material, a medical expert may not be called, if a copy of the written statement or medical reference material, as the case may be, is made available to the registered person at the inquiry.
(2) Where the Health Committee is of the opinion that the written statement or medical reference material which it referred to should be supplemented by oral testimony, the Health Committee may request that the author or, in the case of medical reference material, a medical expert be called as a witness, and adjourn the hearing for that purpose.
(3) The Health Committee shall be entitled to disregard the written statement or medical reference material upon the resumption of hearing if the oral testimony requested for is not given.
36.
—(1) At the conclusion of the proceedings, the Health Committee shall consider and determine whether or not the registered person’s fitness to practise dentistry is impaired by reason of his physical or mental condition.
(2) In reaching its judgment, the Health Committee shall be entitled to consider the registered person’s current physical or mental condition, or a continuing or episodic condition, or a condition which, although currently in remission, may be expected to recur.
(3) The Health Committee shall notify the Registrar of any order made under section 49 of the Act.
(4) The chairman of the Health Committee may announce the determination or order of the Health Committee in such terms as the Health Committee may approve.
37.
—(1) If, in any case where the Health Committee has adjourned its hearing of a case, it appears to the chairman of the Health Committee that the Health Committee should resume its hearing of the case, the chairman of the Health Committee shall notify the registered person of the date, time and place where the Health Committee will resume its hearing.
(2) Without prejudice to the generality of paragraph (1), where a Health Committee has imposed any requirement under section 49(1)(c) or (3) of the Act and information is subsequently received that the registered person is not complying with the requirement in a material respect, the Health Committee may meet to consider the case and the chairman of the Health Committee shall notify the registered person of the date, time and place of the meeting.
(3) Regulations 32 to 36 (relating to the procedure and powers of the Health Committee at the original hearing) shall apply, with the necessary modifications, to any resumed hearing under this regulation.
(4) Before any resumed hearing under paragraph (1) or (2), the chairman of the Health Committee may invite the registered person to submit to a further medical examination in the manner provided in regulation 30 with such modifications as the Health Committee thinks fit.
(5) The validity of any proceedings of the Health Committee shall not be called into question by reason only that any medical assessor who was present at the original hearing was not present at the resumed hearing, or that a medical assessor present at the resumed hearing was not present at the original hearing.