On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 31/07/2009.
PART V
DISCIPLINARY PROCEEDINGS AND HEALTH COMMITTEE INQUIRIES
33.
—(1) For the purpose of enabling Complaints Committees and Disciplinary Committees to be constituted in accordance with this Part, the Council shall appoint a panel (referred to in this Act as the Complaints Panel) consisting of —
(a)
not less than 5 members of the Council;
(b)
not less than 10 registered dentists of at least 10 years’ standing who are not members of the Council;
(c)
not less than 5 registered oral health therapists who have at least 10 years of practical experience in the area of oral health therapy and who are not members of the Council; and
(d)
not less than 5 lay persons nominated by the Minister.
[22/2007]
(2) The term of office of a member of the Complaints Panel referred to in subsection (1)(a) shall expire at the end of his term of office as member of the Council, and a member of the Complaints Panel referred to in subsection (1)(b), (c) or (d) shall be appointed for a term of 2 years; and any member shall be eligible for reappointment.
[22/2007]
(3) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership.
[22/2007]
(4) The Council shall appoint a member of the Complaints Panel who is a member of the Council to be the chairman of the Complaints Panel.
[22/2007]
34.
—(1) Any —
(a)
complaint of the conduct of a registered dentist or registered oral health therapist in his professional capacity or of his improper act or conduct which brings disrepute to his profession;
(b)
information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him unfit for his profession; or
(c)
information touching upon the physical or mental fitness to practise of a registered dentist or registered oral health therapist,
shall be made or given to the Council which shall refer the complaint or information, other than a complaint or information touching on the matters referred to in section 21 or 21H, to the chairman of the Complaints Panel.
[22/2007]
(2) The Council may, on its own motion, refer any information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him unfit for his profession to the chairman of the Complaints Panel.
[22/2007]
(3) Where a registered dentist or registered oral health therapist has contravened section 31 or 31A, or has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, the Council shall, notwithstanding subsection (1) or (2), immediately refer the matter to a Disciplinary Committee under section 37.
[22/2007]
(4) Every complaint made or information given 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.
[22/2007]
(5) The chairman of the Complaints Panel may from time to time appoint one or more committees (to be known for the purposes of this Act as Complaints Committees) consisting of —
(a)
a chairman, being a member of the Complaints Panel who is a member of the Council;
(b)
2 members of the Complaints Panel comprising 2 registered dentists or one registered dentist and one registered oral health therapist; and
(c)
a member of the Complaints Panel who is a lay person,
which shall inquire into any complaint or information mentioned in subsection (1) or (2).
[22/2007]
(6) A Complaints Committee shall be appointed in connection with one or more matters or for such fixed period of time as the chairman of the Complaints Panel may think fit.
[22/2007]
(7) Where any complaint or information mentioned in subsection (1)(a) or (b) or (2) is referred to the chairman of the Complaints Panel, the chairman of the Complaints Panel shall lay the complaint or information before a Complaints Committee.
[22/2007]
(8) Where any complaint or information mentioned in subsection (1)(c) is referred to the chairman of the Complaints Panel, the chairman of the Complaints Panel shall —
(a)
if he is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered dentist or registered oral health therapist to practise, refer the complaint or information to the Health Committee; or
(b)
in any other case, lay the complaint or information before a Complaints Committee.
[22/2007]
(9) The chairman of the Complaints Panel may at any time revoke the appointment of any Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee.
[22/2007]
(10) 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 members or any of them.
[22/2007]
(11) All the members of a Complaints Committee shall be present to constitute a quorum for a meeting of the Complaints Committee and any resolution or decision in writing signed by 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 all its members were present.
[22/2007]
(12) A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.
[22/2007]
(13) The chairman of a Complaints Committee may at any time summon a meeting of the Complaints Committee.
[22/2007]
(14) All members of a Complaints 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.
[22/2007]
(15) 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, be deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.
[22/2007]
35.
—(1) A Complaints Committee shall inquire into any complaint or information, or any information or evidence referred to in subsection (9), and complete its preliminary inquiry not later than 3 months from —
(a)
the date the complaint or information is laid before the Complaints Committee; or
(b)
the date the information or evidence referred to in subsection (9) is received by the Complaints Committee,
as the case may be.
[22/2007]
(2) Where a Complaints Committee is of the opinion that it will not be able to complete its preliminary inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its preliminary inquiry, the Complaints Committee may apply in writing to the chairman of the Complaints Panel for an extension of time to complete its inquiry and the chairman of the Complaints Panel may grant such extension of time to the Complaints Committee as he thinks fit.
[22/2007]
(3) For the purposes of any inquiry, a Complaints Committee may —
(a)
call upon or appoint any person it considers necessary to assist it in its investigations and deliberations;
(b)
require the production of 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 the registered dentist or registered oral health therapist concerned to give all information in relation to any such book, document, paper or other record which may be reasonably required by the Complaints Committee or by the person so appointed.
[22/2007]
(4) Any registered dentist, registered oral health therapist or any other person who, without lawful excuse —
(a)
refuses or fails to produce to a Complaints Committee or to any person to whom the Complaints Committee may appoint for the purpose of the inquiry any book, document, paper or other record referred to in subsection (3); or
(b)
fails to give any such information relating thereto,
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 12 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.
[22/2007]
(5) All such information, including such book, document, paper or other record used by the Complaints Committee in the course of its deliberations, shall be confidential and shall not be disclosed to any person including the registered dentist or registered oral health therapist unless the Complaints Committee in its discretion thinks otherwise.
[22/2007]
(6) The Complaints Committee may, at any time before it makes its findings, seek such legal advice as it thinks necessary.
[22/2007]
(7) Where a Complaints Committee is of the opinion that a registered dentist or registered oral health therapist should be called upon to answer any allegation made against him, the Complaints Committee shall post or deliver to that registered dentist or registered oral health therapist —
(a)
copies of any complaint or information and of any statutory declaration or affidavit that have been made in support of the complaint or information; and
(b)
a notice inviting that registered dentist or registered oral health therapist to give to the Complaints Committee, within such period (not being less than 21 days) as may be specified in the notice, any written explanation he may wish to offer.
[22/2007]
(8) The registered dentist or registered oral health therapist 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.
[22/2007]
(9) Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered dentist or registered oral health therapist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to him, decide on its own motion to inquire into that matter.
[22/2007]
(10) Where the complainant withdraws his complaint before —
(a)
it is referred to a Complaints Committee or the Health Committee under this Part; or
(b)
the conclusion of the inquiry of a Complaints Committee or Disciplinary Committee before which it is laid, or of the Health Committee,
the Council may, notwithstanding such withdrawal, direct that an inquiry be conducted into the complaint or the inquiry into the complaint be continued, and the chairman of the Complaints Panel, the Complaints Committee, the Disciplinary Committee or the Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the Council.
[22/2007]
(11) Any member of the Council who is employed in the Ministry of Health shall not be disqualified from being a member of a Complaints Committee or Disciplinary Committee or the Health Committee by reason only that he or the complainant is so employed.
[22/2007]
36.
—(1) Upon due inquiry into the complaint or information, or any information or evidence referred to in section 35(9), a Complaints Committee shall —
(a)
if it is of the view that no formal inquiry is necessary —
(i)
order that the registered dentist or registered oral health therapist be issued with a letter of advice;
(ii)
order that the registered dentist or registered oral health therapist be warned;
(iii)
order that the complaint or matter be dismissed; or
(iv)
make such other order as it thinks fit; or
(b)
if it is of the view that a formal inquiry is necessary —
(i)
order that an inquiry be held by the Health Committee; or
(ii)
order that an inquiry be held by a Disciplinary Committee.
[22/2007]
(2) Where a Complaints Committee determines that a formal inquiry is necessary, it shall order that the inquiry be held by the Health Committee if the complaint, information or evidence touches upon the physical or mental fitness of the registered dentist or registered oral health therapist to practise.
[22/2007]
(3) Where a Complaints Committee has made an order for a formal inquiry to be held by a Disciplinary Committee, the Council shall immediately appoint a Disciplinary Committee which shall hear and investigate the complaint or matter.
[22/2007]
(4) Where a Complaints Committee has ordered that a letter of advice be issued, the chairman of the Complaints Committee shall issue a letter of advice in such terms as it thinks fit.
[22/2007]
(5) A Complaints Committee shall notify the registered dentist or registered oral health therapist concerned and the person who made the complaint or gave the information under section 34(1) of its decision under subsection (1) and, if it makes an order under subsection (1)(a), the reason for making the order.
[22/2007]
(6) Any registered dentist or registered oral health therapist who is aggrieved by any order of a Complaints Committee under subsection (1)(a) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
[22/2007]
(7) Where the person who has made the complaint or given the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1)(a), he may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
[22/2007]
(8) The Minister may make —
(a)
an order affirming the determination of a Complaints Committee;
(b)
an order directing the Council to immediately appoint a Disciplinary Committee to hear and investigate the complaint or matter;
(c)
an order directing that an inquiry into the matter be held by the Health Committee; or
(d)
such other order as he thinks fit.
[22/2007]
(9) Every Complaints Committee shall immediately report to the Council its findings and the order or orders made.
[22/2007]
37.
—(1) The President may, from time to time, appoint one or more committees consisting of —
(a)
a chairman from a panel, to be appointed by the Minister, comprising fully registered dentists whose names appear in the first division of the Register of Dentists and who have had not less than 20 years’ experience in the practice of dentistry;
(b)
not less than one member of the Council;
(c)
not less than one member of the Complaints Panel, not being a member of the Council; and
(d)
an observer who is a lay person,
to be known as Disciplinary Committees, to inquire into —
(i)
any complaint or matter in respect of which the Minister or a Complaints Committee has under section 36 ordered that an inquiry be held by a Disciplinary Committee; or
(ii)
any matter referred to it under section 34(3).
[22/2007]
(2) A member of a Complaints Committee inquiring into any matter concerning a registered dentist or registered oral health therapist shall not be a member of a Disciplinary Committee inquiring into the same matter.
[22/2007]
(3) The member of a Disciplinary Committee who is an 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.
[22/2007]
(4) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.
[22/2007]
(5) 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.
[22/2007]
(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.
[22/2007]
(7) Except as provided by subsection (3) —
(a)
all members of a Disciplinary Committee shall be personally present to constitute a quorum for the transaction of any business; and
(b)
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.
[22/2007]
38.
—(1) A Disciplinary Committee shall meet from time to time to inquire into any matter referred to it by the Council and may regulate its own procedure.
[22/2007]
(2) A member of a Disciplinary Committee shall, notwithstanding that he has ceased to be a member of the Council or Complaints Panel 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.
[22/2007]
(3) The registered dentist or registered oral health therapist may appear in person or be represented by counsel.
[22/2007]
(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.
[22/2007]
(5) A Disciplinary Committee may, for the purpose of any proceedings before it, administer oaths and any party to the proceedings may sue out subpoenas to testify and to produce documents.
[22/2007]
(6) The subpoenas referred to in subsection (5) shall be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court.
[22/2007]
(7) Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.
[22/2007]
(8) Witnesses shall have the same privileges and immunities in relation to hearings before a Disciplinary Committee as if they were proceedings in a court of law.
[22/2007]
(9) 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.
[22/2007]
(10) When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for such period as it thinks fit.
[22/2007]
(11) 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 taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include any such investigation.
[22/2007]
39.
—(1) Where, in the course of inquiring into the case of a registered dentist or registered oral health therapist, it appears to a Disciplinary Committee that his fitness to practise may be impaired by reason of his physical or mental condition, the Disciplinary Committee may refer that question to the Health Committee for determination.
[22/2007]
(2) If, on a reference under this section, the Health Committee determines that the fitness of the registered dentist or registered oral health therapist to practise is not impaired by reason of his condition, the Health Committee shall certify its opinion to the Disciplinary Committee.
[22/2007]
(3) If, on a reference under this section, the Health Committee determines that the fitness of the registered dentist or registered oral health therapist to practise is impaired by reason of his condition, the Health Committee shall —
(a)
certify its opinion to the Disciplinary Committee; and
(b)
proceed to dispose of the case,
and the Disciplinary Committee shall cease to exercise its function in relation to the case.
[22/2007]
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]
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, which shall inquire into any case referred to it under this Act.
[22/2007]
(2) The President 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) (Deleted by Act 22 of 2007)
(5) (Deleted by Act 22 of 2007)
(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 or registered oral health therapist 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 and, where applicable, an Interim Orders Committee;
(b)
order that his registration as a dentist or an oral health therapist be suspended for such period not exceeding 12 months as may be specified in the order;
(c)
order that his registration as a dentist or an oral health therapist 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 appropriate register.
[22/2007]
(2) Where a registered dentist or registered oral health therapist in respect of whom an order for restricted registration is made under subsection (1)(c), or an interim restricted registration is made under section 49C(1)(b) or 49E(1)(d), 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.
[22/2007]
(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.
(3A) Where the Health Committee has made an order for suspension under subsection (1) or (2) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit —
(a)
make a recommendation referred to in subsection (1)(d) to the Council, and subsection (8) shall apply accordingly; or
(b)
order 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.
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(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 or registered oral health therapist whose registration is a restricted registration by virtue of an order made under subsection (3) or (3A) as it applies to a registered dentist or registered oral health therapist whose registration is a restricted registration by virtue of an order referred to in subsection (1)(c), and subsection (4) shall apply accordingly.
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(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 immediately 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 or an oral health therapist notwithstanding that his name still appears in the appropriate register.
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(8) Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council shall by order direct that the name of the registered dentist or registered oral health therapist be removed from the appropriate register and that order shall take effect from the date it is made.
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(8A) Sections 37(5), (6) and (7) and 38 shall apply, with the necessary modifications, to the Health Committee and references to a Disciplinary Committee shall be read as references to the Health Committee.
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(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.
49A.
—(1) Where the name of a person has been removed from an appropriate register on the recommendation of the Health Committee under section 49, the Council may, upon application by the person, 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.
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(2) No application under subsection (1) shall be made to the Council more than once in any period of 12 months by or on behalf of the dentist or oral health therapist.
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(3) No application under subsection (1) shall be made to the Council by or on behalf of the dentist or oral health therapist unless the dentist or oral health therapist has complied with all the terms of the order made against him.
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49B.
—(1) The Council may, from time to time, appoint one or more committees each comprising 3 of its members, to be known for the purposes of this Act as Interim Orders Committees, to inquire into any matter referred by the Council under subsection (4).
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(2) The Council shall appoint one of the members of the Interim Orders Committee as chairman of that Committee.
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(3) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time.
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(4) The chairman of the Complaints Panel, a Complaints Committee, a Disciplinary Committee or the Health Committee may refer any complaint or information to the Council for the purpose of determining if an order should be made under section 49C; and the Council shall refer the complaint or information to an Interim Orders Committee for this purpose.
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(5) A member of a Complaints Committee or Disciplinary Committee inquiring into any matter shall not be a member of an Interim Orders Committee inquiring into or reviewing that matter.
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(6) A member of an Interim Orders Committee inquiring into or reviewing any matter shall not be a member of a Complaints Committee or Disciplinary Committee inquiring into that matter, or take part in any deliberation of the Council under section 49(8) in respect of that matter.
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(7) Neither the chairman of the Complaints Panel nor any member of the Health Committee shall be a member of an Interim Orders Committee.
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(8) All members of an Interim Orders Committee shall vote on any question arising at a meeting of the Interim Orders Committee and such question shall be determined by a majority of votes.
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(9) A member of an Interim Orders Committee which has commenced any inquiry or review of any case shall, notwithstanding that he has ceased to be a member of the Council, continue to be a member of the Interim Orders Committee until completion of that inquiry or review.
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49C.
—(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registered dentist or registered oral health therapist, for his registration to be suspended or to be made subject to conditions, the Interim Orders Committee may make an order —
(a)
that his registration in the appropriate register be suspended for such period not exceeding 18 months as may be specified in the order (referred to in this Division as an interim suspension order); or
(b)
that his registration be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such requirements so specified as the Interim Orders Committee thinks fit to impose (referred to in this Division as an order for interim restricted registration).
(2) The Registrar shall immediately serve a notice of the order under subsection (1) on the registered dentist or registered oral health therapist.
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49D.
—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 49C, the Interim Orders Committee or another Interim Orders Committee appointed in its place —
(a)
shall review the order within the period of 6 months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and
(b)
may review the order where new evidence relevant to the order has become available after the making of the order.
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(2) Where the High Court has extended the order under section 49G(2) or an Interim Orders Committee has made a replacement order under section 49E(1)(c) or (d), the first review after such extension or making of the replacement order shall take place —
(a)
if the order (or the order which has been replaced) had not been reviewed under subsection (1), within the period of 6 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be; or
(b)
if the order had been reviewed under subsection (1), within the period of 3 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be.
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49E.
—(1) Where an interim suspension order or an order for interim restricted registration has been made under this section or section 49C in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review referred to in section 49D or upon the recommendation of a Complaints Committee, a Disciplinary Committee or the Health Committee —
(a)
revoke the order or revoke any condition imposed by the order;
(b)
make an order varying any condition imposed by the order;
(c)
if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered dentist or registered oral health therapist concerned, or that the registered dentist or registered oral health therapist has not complied with any requirement imposed as a condition of his registration in the order for interim restricted registration, replace that order with an interim suspension order having effect for the remainder of the period of the former; or
(d)
if satisfied that the public interest or the interests of the registered dentist or registered oral health therapist concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension order with an order for interim restricted registration having effect for the remainder of the period of the former.
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(2) The Registrar shall immediately serve a notice of the decision under subsection (1) on the registered dentist or registered oral health therapist.
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49F.
—(1) No order under section 49C or 49E(1)(b), (c) or (d) shall be made by an Interim Orders Committee in respect of any registered dentist or registered oral health therapist unless he has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his case.
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(2) For the purposes of subsection (1), the registered dentist or registered oral health therapist may be represented before the Interim Orders Committee by counsel.
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(3) Regulations made for the purposes of an Interim Orders Committee may include provision securing that the registered dentist or registered oral health therapist in respect of whom an interim suspension order or an order for interim restricted registration has been made shall, if he so requires, be entitled to be heard by the Interim Orders Committee on each occasion on which it reviews the order, and be represented by counsel during such review.
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49G.
—(1) The Council may apply to the High Court for an order made under section 49C or 49E(1)(c) or (d) to be extended, and may apply again for further extensions.
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(2) On such an application, the High Court may extend (or further extend) for up to 12 months the period for which the order has effect.
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(3) The High Court may, on application by the registered dentist or registered oral health therapist concerned —
(a)
in the case of an interim suspension order, revoke the order;
(b)
in the case of an order for interim restricted registration, revoke the order or vary any condition imposed by the order; and
(c)
in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it).
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49H.
—(1) An interim suspension order or an order for interim restricted registration shall be in force until —
(a)
the end of the period specified in the order or, if extended under section 49G(2), in the order extending it; or
(b)
the date on which proceedings are concluded,
whichever is the earlier.
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(2) For the purposes of subsection (1)(b), proceedings are concluded if —
(a)
the Complaints Committee inquiring into the complaint or information has made an order under section 36(1)(a) and —
(i)
no appeal to the Minister under section 36(6) or (7) was made against that decision within the period specified in that section or such an appeal was withdrawn; or
(ii)
the Minister made an order under section 36(8)(a) or (c);
(b)
the Disciplinary Committee inquiring into the complaint or information has made an order under section 40(2) which has taken effect, or has dismissed the complaint or matter under section 41(16); or
(c)
the Health Committee has made an order under section 49(1) which has taken effect, the Council has made an order under section 49(8) which has taken effect, or the Health Committee has dismissed the complaint or matter,
as the case may be.
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49I.
—(1) While a person’s registration in an appropriate register is suspended by virtue of an interim suspension order, he shall not be regarded as being registered notwithstanding that his name still appears in the appropriate register.
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(2) Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered dentist or registered oral health therapist shall be revived as from the date of such expiry or revocation, provided that he has complied with all the terms of the order.
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(3) For the avoidance of doubt, sections 33 to 40, 48 and 49 shall continue to apply to a person whose registration in an appropriate register is suspended by virtue of an interim suspension order.
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49J. For the purposes of an inquiry under this Part by a Disciplinary Committee, the Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay him, as part of the expenses of the Council, such remuneration as the Council may determine.
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Where Council member is in public service or is officer of Board
50. [Repealed by Act 22 of 2007]
Service of documents
51. [Repealed by Act 22 of 2007]
Conviction final and conclusive
52. [Repealed by Act 22 of 2007]
53.
—(1) A person whose name has been removed from an appropriate register under this Part may apply to the Council for his name to be restored to that appropriate register.
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(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 appropriate register.
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(3) Where the name of a person has been removed from an appropriate register by a Disciplinary Committee, no application for the restoration of his name to that appropriate register 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.
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53A. Any penalty imposed by the Council under sections 5 and 40 and any costs payable by any person under this Act shall be recoverable by the Council as a debt due to the Council from that person and the person’s liability to pay shall not be affected by his ceasing to be registered with the Council.
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