On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 20/04/2011.
40.
—(1) Where a registered dentist or registered oral health therapist is found or judged by a Disciplinary Committee —
(a)
to have been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty;
(b)
to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him unfit for his profession;
(c)
to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Committee, brings disrepute to his profession;
(d)
to have been guilty of professional misconduct; or
(e)
to have contravened section 31 or 31A,
the Disciplinary Committee may exercise one or more of the powers referred to in subsection (2).
[22/2007]
(2) The powers referred to in subsection (1) are as follows:
(a)
by order direct the Registrar to remove the name of the registered dentist or registered oral health therapist concerned from the appropriate register;
(b)
by order suspend the registration of the registered dentist or registered oral health therapist concerned for a period of not less than 3 months and not more than 3 years;
(c)
by order impose such conditions as are necessary to restrict the practice of the registered dentist or registered oral health therapist concerned in such manner as the Disciplinary Committee thinks fit for a period not exceeding 3 years;
(d)
by order impose on the registered dentist or registered oral health therapist concerned a penalty not exceeding $50,000;
(e)
by writing censure the registered dentist or registered oral health therapist concerned;
(f)
by order require the registered dentist or registered oral health therapist concerned to give such undertaking as the Disciplinary Committee thinks fit to abstain in future from the conduct complained of; and
(g)
make such other order as the Disciplinary Committee thinks fit.
[22/2007]
(3) In any proceedings instituted under this Part against a registered dentist or registered oral health therapist consequent upon his conviction for a criminal offence, a Disciplinary Committee and the High Court on appeal from any order of the Disciplinary Committee shall accept his conviction as final and conclusive.
[22/2007]
(4) A Disciplinary Committee may under subsection (2) order the registered dentist or registered oral health therapist concerned to pay to the Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Committee and, where applicable, an Interim Orders Committee.
[22/2007]
(5) The High Court shall have jurisdiction to tax such costs referred to in subsection (4) and any such order for costs made shall be enforceable as if it were ordered in connection with a civil action in the High Court.
[22/2007]
(6) The Disciplinary Committee in ordering that costs be paid by the registered dentist or registered oral health therapist under this section 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.
[22/2007]
(7) The costs and expenses referred to in subsection (4) shall include —
(a)
the costs and expenses of any assessor and advocate and solicitor appointed by the Council for proceedings before the Disciplinary Committee and the Interim Orders Committee;
(b)
such reasonable expenses as the Council may pay to witnesses; and
(c)
such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Committee and the Interim Orders Committee.
[22/2007]
41.
—(1) Where a registered dentist or registered oral health therapist in respect of whom an order is made under section 40(2)(c), or an order for interim restricted registration is made under section 49C(1)(b) or 49E(1)(d), is judged by a Disciplinary Committee (whether, in the case of an order under section 40(2)(c), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Disciplinary Committee may, if it thinks fit, order —
(a)
that his name be removed from the appropriate register; or
(b)
that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.
[22/2007]
(2) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 40(2)(b), the Disciplinary 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 restricted in such manner as it thinks fit for a period not exceeding 3 years.
[22/2007]
(3) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 40(2)(b) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may, if it thinks fit, order —
(a)
that his name be removed from the appropriate register; or
(b)
that, as from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.
[22/2007]
(4) Where a Disciplinary Committee has made an order under section 40(2)(c), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order.
[22/2007]
(5) Subsection (1) shall apply to a registered dentist or registered oral health therapist whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered dentist or registered oral health therapist whose registration is subject to conditions imposed by an order for restricted registration made under section 40(2)(c), and subsection (4) shall apply accordingly.
[22/2007]
(6) Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar shall immediately serve on the person to whom the order applies a notice of the order or the variation.
[22/2007]
(7) Any person who is aggrieved by any order referred to in subsection (6) may, within 30 days after the service on him of the notice of the order, appeal to the High Court against the order and there shall be no appeal from the decision of that Court.
[22/2007]
(8) In any appeal to the High Court against an order referred to in subsection (6), the High Court shall accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of professional ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.
[22/2007]
(9) Subject to subsection (10), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (1) or (3) or section 40(2) shall not take effect until the expiration of 30 days after the order is made.
[22/2007]
(10) On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 40(2), a Disciplinary Committee may, if it is satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered dentist or registered oral health therapist concerned, order that his registration in the appropriate register be suspended or that his name be removed from the appropriate register immediately.
[22/2007]
(11) Where an order under subsection (10) is made, the Registrar shall immediately serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order shall take effect from the time the order is made.
[22/2007]
(12) Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (10) shall take effect from the time of service of the notice of the order on him.
[22/2007]
(13) An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 40(2), shall take effect from the time the order is made.
[22/2007]
(14) Notwithstanding anything in this section, where a registered dentist or registered oral health therapist has appealed to the High Court against an order of a Disciplinary Committee under subsection (7), 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 is withdrawn.
[22/2007]
(15) While any order of suspension of registration remains in force, the person concerned shall not be regarded as being registered under this Act notwithstanding that his name still appears in the appropriate register, but immediately on the expiry of such order his rights and privileges as a registered dentist or registered oral health therapist shall be revived as from the date of such expiry provided that the dentist or oral health therapist, as the case may be, has complied with all the terms of the order.
[22/2007]
(16) Where a registered dentist or registered oral health therapist is not found or judged by a Disciplinary Committee to have been convicted or guilty of any matter referred to in section 40(1), the Disciplinary Committee shall dismiss the complaint or matter.
[22/2007]
42.
—(1) Where the name of a dentist or an oral health therapist has been removed from an appropriate register pursuant to an order made by a Disciplinary Committee under section 40 or 41, the Council may, upon application by the dentist or oral health therapist and if it thinks fit, direct —
(a)
that his name be restored to the appropriate register; or
(b)
where the person is a dentist, that he be registered as a dentist with conditional registration in Part II of the Register of Dentists, and section 14A(3) to (8) shall apply accordingly.
[22/2007]
(2) No application for the restoration of a name to an appropriate register under this section shall be made to the Council —
(a)
before the expiration of 3 years from the date of the removal of the name; or
(b)
more than once in any period of 12 months by or on behalf of the dentist or oral health therapist,
and unless the dentist or oral health therapist has complied with all the terms of the order made against him.
[22/2007]
43. Where any breach of any written law is disclosed to the Disciplinary Committee in the course of an inquiry, the Disciplinary Committee may, in its discretion, report the breach to the appropriate authorities.
[22/2007]
Findings of Disciplinary Committee
44. [Repealed by Act 22 of 2007]
Costs of inquiry
45. [Repealed by Act 22 of 2007]
Reference and transfer of cases to Health Committee
46. [Repealed by Act 22 of 2007]
Appeal against order by Disciplinary Committee
47. [Repealed by Act 22 of 2007]