Dentists Act 1985

Creation of classes of auxiliary dental workers.

53

53.(1) The Council may, with the consent of the Minister, make a scheme for establishing classes of auxiliary dental workers who may undertake such class or classes of dental work as shall be specified by the Council notwithstanding that the doing of such work would constitute the practice of dentistry within the meaning of this Act.

(2) A scheme made by the Council under subsection (1) of this section shall—

(a) determine the training and qualifications necessary to become a member of such class;

(b) determine the nature of the dental work a member of any particular class may undertake and the conditions under which such work may be undertaken;

(c) establish a register in respect of each class so established and provide for the entry in, or removal from, such register of the name of an auxiliary dental worker of the class to which the register relates;

(d) specify the title which members of a particular class may use to indicate their membership of that class;

(e) determine the fee to be charged for the registration of a person or the retention of his name in any register established under paragraph (c) of this subsection.

(3) The Council may, with the consent of the Minister, revoke or amend a scheme made under subsection (1) of this section.

(4) The Council shall determine a code for the maintenance of standards of conduct among any class or classes of auxiliary dental workers established under subsection (1) of this section.

(5) Where any person has failed to pay any retention fee determined by the Council under subsection (2) (e) of this section, the Council may decide that the registration of the name of such person in the register shall not have effect until the fee has been paid.

(6) The Council shall not make a decision under subsection (5) of this section unless the Council has not less than two months previously by notice in writing sent by pre-paid post to the person, at his address as stated in any register maintained by the Council under this section, requested payment of the fee on more than one occasion.

(7) Any member of a class of auxiliary dental workers established under a scheme made under this section who—

(a) uses a title which he is not authorised to use under the provisions of a scheme made under this section, or

(b) uses a title or description which is reasonably calculated to suggest that he possesses some status or qualification connected with dentistry other than one which he in fact possesses, or

(c) not being a member of a class of auxiliary dental workers established under a scheme made by the Council under subsection (1) of this section, undertakes or represents or holds himself out, whether directly or by implication, as undertaking or being willing to undertake, dental work which that class of auxiliary dental workers may undertake,

shall be guilty of an offence.

(8) A person who acts in contravention of subsection (7) of this section shall be liable on summary conviction to a fine not exceeding £1,000.

Annotations

Amendments:

F43

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 20, not commenced as of date of revision.

Modifications (not altering text):

C32

Prospective affecting provision: subs. (6) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 20, not commenced as of date of revision.

(6) The Council shall not make a decision under subsection (5) of this section unless the Council has not less than two months previously by notice in writing sent F43[to the person] requested payment of the fee on more than one occasion.

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Editorial Notes:

E19

A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 3, S.I. No. 662 of 2010.