C22

Prospective affecting provision: subss. (1)(b), (3)(b)(ii), (3)(c)(ii), (4), (5), (5)(a), (5)(b) amended, subs. (5)(c) substituted and subss. (1)(d)-(f), (3)(b)(iv)-(vi), (3)(c)(iv)-(vi), (5)(d)-(f) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 12, not commenced as of date of revision.

38.—(1) The Council or any person may apply to the Fitness to Practise Committee for an inquiry into the fitness of a registered dentist to practise dentistry on the grounds of—

F22[(a) his alleged professional misconduct,]

F22[(b) his alleged unfitness to engage in such practice by reason of physical or mental F24[disability,]]

F23[(c) his alleged failure to comply with regulations made under section 13(2) of the Health (Pricing and Supply of Medical Goods) Act 2013,]

F25[(d) his or her alleged failure to comply with section 32A,]

F25[(e) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or]

F25[(f) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

and the application shall, subject to the provisions of this Act, be considered by the committee established by the Council under section 13(2)(b) of this Act (in this Act referred to as the “Fitness to Practise Committee”).

(2) Where an application is made under this section and the Fitness to Practise Committee, after consideration of the application, is of opinion that there is not sufficient cause to warrant the holding of an inquiry, it shall so inform the Council and the Council, having considered the matter, may decide that no further action shall be taken in relation to the matter and shall so inform the Fitness to Practise Committee and the applicant, or it may direct the Committee to hold an inquiry into the matter in accordance with the provisions of this section.

(3) Where an application for an inquiry is made under this section and the Fitness to Practise Committee, after consideration of the application, is either of opinion that there is a prima facie case for holding the inquiry or has been given a direction by the Council under subsection (2) of this section to hold the inquiry, the following shall have effect—

(a) the Fitness to Practise Committee shall proceed to hold the inquiry,

F22[(b) the Registrar, or any other person with the leave of the Fitness to Practise Committee, shall present to that Committee the evidence of—

(i) the alleged professional misconduct,

(ii) the alleged unfitness to practise by reason of physical or mental F24[disability,]

(iii) the alleged failure to comply with regulations referred to in subsection (1)(c),

F25[(iv) the alleged failure to comply with section 32A,]

F25[(v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or]

F25[(vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

as the case may be,]

(c) on completion of the inquiry, the Fitness to Practise Committee shall embody its findings in a report to the Council specifying therein the nature of the application and the evidence laid before it and any other matters in relation to the registered dentist which it may think fit to report including its opinion, having regard to the contents of the report, as to—

F22[(i) the alleged professional misconduct of the registered dentist,]

F22[(ii) the fitness or otherwise of that dentist to engage in the practice of dentistry by reason of his or her alleged physical or mental F24[disability,]]

F23[(iii) the alleged failure to comply with regulations referred to in subsection (1)(c),]

F25[(iv) the alleged failure to comply with section 32A,]

F25[(v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction,]

F25[(vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

as the case may be.

(4) When it is proposed to hold an inquiry under subsection (3) of this section, the person who is the subject of the inquiry shall be given notice in writing by the Registrar F26[…] of the nature of the evidence proposed to be considered at the inquiry and that the person and any person representing him shall be given the opportunity of being present at the hearing.

(5) F24[Subject to sections 47(4) and 47A, the findings] of the Fitness to Practise Committee on any matter referred to it, and the decision of the Council on any report made to it by that Committee shall not be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found, as a result of such inquiry, F26[…]—

F22[(a) F25[to be] guilty of professional misconduct,]

F22[(b) F25[to be] unfit to engage in the practice of dentistry because of physical or mental F24[disability,]]

F24[(c) to be guilty of a failure to comply with regulations referred to in subsection (1)(c),]

F25[(d) to have failed to comply with section 32A,]

F25[(e) to have a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or]

F25[(f) to have a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

as the case may be.

...

C23

Prospective affecting provision: subs. (1) amended, subss. (1)(c), (3)(b)(iii), (3)(c)(iii), (5)(c) substituted and subs. (10) inserted by Health Identifiers Act 2014 (15/2014), s. 35(a)-(f), not commenced as of date of revision.

38.—(1) F27[Subject to subsection (10), the Council or any person,] may apply to the Fitness to Practise Committee for an inquiry into the fitness of a registered dentist to practise dentistry on the grounds of—

F22[(a) his alleged professional misconduct,]

F22[(b) his alleged unfitness to engage in such practice by reason of physical or mental disability, or]

F27[(c) his alleged failure to comply with—

(i) regulations made under section 13(2) of the Health (Pricing and Supply of Medical Goods) Act 2013, or

(ii) a provision of the Health Identifiers Act 2014 applicable to the dentist in his capacity (if any) as a health services provider within the meaning of section 2 of that Act,]

and the application shall, subject to the provisions of this Act, be considered by the committee established by the Council under section 13(2)(b) of this Act (in this Act referred to as the “Fitness to Practise Committee”).

(2) Where an application is made under this section and the Fitness to Practise Committee, after consideration of the application, is of opinion that there is not sufficient cause to warrant the holding of an inquiry, it shall so inform the Council and the Council, having considered the matter, may decide that no further action shall be taken in relation to the matter and shall so inform the Fitness to Practise Committee and the applicant, or it may direct the Committee to hold an inquiry into the matter in accordance with the provisions of this section.

(3) Where an application for an inquiry is made under this section and the Fitness to Practise Committee, after consideration of the application, is either of opinion that there is a prima facie case for holding the inquiry or has been given a direction by the Council under subsection (2) of this section to hold the inquiry, the following shall have effect—

(a) the Fitness to Practise Committee shall proceed to hold the inquiry,

F22[(b) the Registrar, or any other person with the leave of the Fitness to Practise Committee, shall present to that Committee the evidence of—

(i) the alleged professional misconduct,

(ii) the alleged unfitness to practise by reason of physical or mental disability, or

F27[(iii) the alleged failure to comply with regulations referred to in subsection (1)(c)(i) or a provision referred to in subsection (1)(c)(ii),]

as the case may be,]

(c) on completion of the inquiry, the Fitness to Practise Committee shall embody its findings in a report to the Council specifying therein the nature of the application and the evidence laid before it and any other matters in relation to the registered dentist which it may think fit to report including its opinion, having regard to the contents of the report, as to—

F22[(i) the alleged professional misconduct of the registered dentist,]

F22[(ii) the fitness or otherwise of that dentist to engage in the practice of dentistry by reason of his or her alleged physical or mental disability, or]

F27[(iii) the alleged failure to comply with regulations referred to in subsection (1)(c)(i) or a provision referred to in subsection (1)(c)(ii),]

as the case may be.

(4) When it is proposed to hold an inquiry under subsection (3) of this section, the person who is the subject of the inquiry shall be given notice in writing by the Registrar sent by pre-paid post to the address of that person as stated in the register of the nature of the evidence proposed to be considered at the inquiry and that the person and any person representing him shall be given the opportunity of being present at the hearing.

(5) The findings of the Fitness to Practise Committee on any matter referred to it, and the decision of the Council on any report made to it by that Committee shall not be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found, as a result of such inquiry, to be—

F22[(a) guilty of professional misconduct,]

F22[(b) unfit to engage in the practice of dentistry because of physical or mental disability, or]

F27[(c) guilty of a failure to comply with regulations referred to in subsection (1)(c)(i) or a provision referred to in subsection (1)(c)(ii),]

as the case may be.

...

F28[(10) An application under this section shall not be made by a person other than the Minister if the ground concerned is a registered dentist’s alleged failure to comply with a provision referred to in subsection (1)(c)(ii).]