Dentists Act 1985

Number 9 of 1985

DENTISTS ACT 1985

REVISED

Updated to 6 August 2024

This Revised Act is an administrative consolidation of the Dentists Act 1985. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2024 (S.I. No. 410 of 2024), made 6 August 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 9 of 1985

DENTISTS ACT 1985

REVISED

Updated to 6 August 2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title.
2.	Interpretation.
3.	Commencement.
4.	Establishment day.
5.	Repeals.

PART II

The Dental Council

6.	Establishment of the Dental Council.
7.	Dissolution of Dental Board.
8.	Seal of Council.
9.	Membership of Council.
10.	Appointment of persons to be members of Council.
11.	Election of members of Council.
12.	First meeting of Council.
13.	Committees of Council.
14.	Expenses of members of Council and committees.
15.	Removal of Council from office.
16.	The Registrar.
17.	Other officers and servants of Council.
18.	Age limits.
19.	Superannuation.
20.	Membership of either House of Oireachtas or of Assembly of the European Communities by officer or servant of Council.
21.	Accounts of Council.
22.	Power of Council to borrow.
23.	Acceptance of gifts by Council.
24.	Expenses of Council and Minister.
25.	Fees.
25A.	Council’s power to make rules.
26A.	Recognition of qualification held by person.
26B.	Recognition of qualification for register.
26C.	Recognition of qualification for Register of Dental Specialists.
26D.	Application to be registered in register.
26E.	Application to be registered in Register of Dental Specialists.
26F.	Notification of relevant decisions under section 26A, 26D or 26E, etc.

PART III

Registration

26.	Establishment of register.
27.	Persons entitled to be registered in register. (Repealed)
28.	Temporary registration.
29.	The Register of Dental Specialists.
30.	Persons entitled to be registered in Register of Dental Specialists. (Repealed)
31.	Registration of additional qualifications.
32.	Application by registered dentist to have name removed from register.
32A.	Declarations by registered dentists in relation to certain matters in State or other jurisdictions, etc.
33.	Correction of registers.
33A.	Council may request certain information concerning registered dentists from certain bodies in State or other jurisdictions.

PART IV

Education and Training

34.	Duties of Council in relation to education and training.
35.	Functions of Council in relation to Directives adopted by Council of the European Communities as to education and training.
36.	Primary qualifications.
37.	Training bodies and qualifications for purposes of the Register of Dental Specialists.

PART V

Fitness to Practise

38.	Inquiry by Fitness to Practise Committee into conduct of a registered dentist.
39.	Erasure or suspension from register for professional misconduct, unfitness to practise or failure to pay retention fee.
40.	Attaching of conditions to retention on register.
41.	Powers of Council to advise, admonish, etc.
42.	Erasure from register of persons convicted of indictable offences.
43.	Continuance of existing inquiry.
44.	Application by Council for order suspending registration.
45.	Privilege in respect of certain matters.
46.	Erasure or suspension from and restoration to the Register of Dental Specialists.
47.	Notification to Minister of name erased or restored and of suspensions imposed and terminated.
47A.	Information Council may publish in public interest.
48.	Restoration to register of name removed, or termination of suspension imposed, for non-payment of retention fee.

PART VI

Restrictions on Practice of Dentistry

49.	Descriptions of registered persons.
50.	Prohibition on use of titles by unregistered persons.
51.	Prohibition on practice of dentistry by unregistered persons.
52.	Prohibition on practice of dentistry by bodies corporate.

PART VII

Auxiliary Dental Workers

53.	Creation of classes of auxiliary dental workers.
54.	Restriction on employment of auxiliary dental workers.
55.	Creation of classes of auxiliary dental workers by direction of Minister.

PART VIII

Miscellaneous

56.	Arrangements with persons to assist Council.
57.	Report by Council.
58.	Publication of registers.
59.	Construction of references to registered dentists.
60.	Functions in relation to Directives adopted by Council of the European Communities.
61.	Assignment to Council of additional functions.
62.	References in enactments etc. to Dental Board.
63.	Regulations.
64.	Regulations regarding adaptations.
65.	Continuance in force of agreement.
66.	General advisory functions of Council.
67.	Offences in relation to registers.
67A.	Admissibility of certain documents relating to proceedings in State or other jurisdictions.
68.	Prosecution of offences.
69.	Special measures registration having regard to Covid-19.
70.	Power to specify form of documents.
71.	Notifications under Act.

FIRST SCHEDULE

Rules in relation to membership and meetings of An Chomhairle Fiaclóireachta (The Dental Council)

SECOND SCHEDULE

Primary Qualifications

Acts Referred to
Dentists Act 1928	1928, No. 25
Dentists (Amendment) Act 1983	1983, No. 30
Finance Act 1895	58 & 59 Vic. c. 16
Health Act 1970	1970, No. 1
Local Government (Superannuation) Act 1956	1956, No. 10
Local Government (Superannuation) Act 1980	1980, No. 8
Medical Practitioners Act 1978	1978, No. 4
Petty Sessions (Ireland) Act 1851	1851, c. 93

Number 9 of 1985

DENTISTS ACT 1985

REVISED

Updated to 6 August 2024

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COUNCIL TO BE KNOWN AS AN CHOMHAIRLE FIACLÓIREACHTA OR IN THE ENGLISH LANGUAGE THE DENTAL COUNCIL WHICH SHALL PROVIDE FOR THE REGISTRATION AND CONTROL OF PERSONS ENGAGED IN THE PRACTICE OF DENTISTRY AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE PRACTICE OF DENTISTRY AND THE PERSONS ENGAGED IN SUCH PRACTICE AND TO PROVIDE FOR THE REPEAL OF THE DENTISTS ACT 1928, AND THE DENTISTS (AMENDMENT) ACT 1983, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [11th May, 1985]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions under Act transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3 item 36, S.I. No. 885 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

36. Dentist Act 1985

...

Revised Acts

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Dentists Act 1985