Dentists Act , 1985

54. Restriction on employment of auxiliary dental workers.

54.—(1)An auxiliary dental worker shall, in the performance of any dental work which the class of auxiliary dental workers of which he is a member may undertake in accordance with a scheme made by the Council under section 53 of this Act, comply with any conditions specified by the Council under subsection (2) of that section in regard to the performance of such dental work.

(2)Dental work carried out by an auxiliary dental worker in accordance with a scheme made by the Council under section 53 of this Act shall be carried out under the supervision of a registered dentist and any such dental work shall only be carried out after the registered dentist has examined the patient and has indicated to the auxiliary dental worker the course of treatment to be provided for the patient.

(3)The provisions of subsection (2) of this section shall not apply to the fitting, insertion or fixing of artificial teeth for persons of eighteen years or over, or the giving of advice to, or attendance on, such persons for such purposes by an auxiliary dental worker in accordance with a scheme made by the Council under section 53 of this Act: Provided that such work does not include any work on natural teeth or on living tissue.

55. Creation of classes of auxiliary dental workers by direction of Minister.

55.—(1)The Minister may, by order, in any case where he considers the establishment of a particular class of auxiliary dental worker to be desirable, direct the Council to exercise the powers vested in it under section 53 of this Act to make a scheme for the establishment of such a class and, in any case where the Minister considers it desirable, he may, by order, direct the Council to make a scheme for the establishment of a particular class for a limited period in order that the value to the public of the existence of that class may be judged and the Council shall comply with any such direction.

(2)The Minister may amend or revoke an order made under this section, including this subsection.

(3)Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

PART VIII Miscellaneous

56. Arrangements with persons to assist Council.

56.—The Council may make and carry out arrangements with any person or body to assist the Council or any of its committees in the proper discharge of any of its functions.

57. Report by Council.

57.—The Council shall as soon as may be after the end of each year in which it is in office prepare and publish a report of its proceedings under this Act during the preceding year.

58. Publication of registers.

58.—(1)The Council shall print, publish and place on sale copies of any register maintained by it at intervals of not more than five years and, in each intervening year, the Council shall print, publish and place on sale a supplement to each such register.

(2)The most recently published copy of each register maintained by the Council and any supplements thereof shall, at all times, be made available for inspection by any person, during office hours, by the chief executive officer of a health board at the headquarters of any health board established under the provisions of the Health Act, 1970.

F47[(3) The Council may publish any register maintained by it on the Council website.]

59. Construction of references to registered dentists.

59.—Every reference to a registered dentist in any enactment or statutory instrument shall be construed as a reference to a person who is registered in the register.

60. Functions in relation to Directives adopted by Council of the European Communities.

60.—The Council shall carry out such functions as may be assigned to it from time to time by the Minister in relation to the implementation of any Regulation, Directive or Decision adopted or made by the Council of the European Communities relating to the practice of dentistry.

61. Assignment to Council of additional functions.

61.—(1)The Council shall carry out such functions additional to the functions assigned to it by this Act in relation to dental education or training or to other matters relating to the practice of dentistry and the persons engaged in such practice as the Minister may by order assign to it.

(2)The Minister may amend or revoke an order made under this section, including this subsection.

(3)Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

62. References in enactments etc. to Dental Board.

62.—Every reference to the Dental Board contained in any other enactment or any statutory instrument shall be construed as a reference to the Council.

63. Regulations.

63.—(1)The Minister may make regulations for the purposes of giving effect to any of the provisions of this Act.

(2)Every regulation, other than a regulation made under section 9 (3)of this Act, made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

64. Regulations regarding adaptations.

64.—The Minister may by regulations make, in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptation or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.

65. Continuance in force of agreement.

65.—(1)Notwithstanding the repeal of the Dentists Act 1928, effected by this Act, the agreement specified in the First Schedule to that Act shall continue to have full force and effect until such time as the Minister, by order made under this section, declares that, pursuant to an agreement made between the Government and the Government of the United Kingdom, the said agreement shall cease to have effect.

(2)An order made by the Minister under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary.

(3)Nothing in this Act or in the agreement first referred to in subsection (1) of this section shall entitle a person who is registered in the Commonwealth or foreign list of the register maintained by the General Dental Council of the United Kingdom to be registered in the register.

66. General advisory functions of Council.

66.—(1)It shall be a function of the Council to advise the Minister, either at the request of the Minister or on its own initiative, on all matters relating to the functions assigned to the Council under this Act.

(2)It shall be a function of the Council to give guidance to the dental profession generally on all matters relating to ethical conduct and behaviour.

(3)It shall be a function of the Council to inform the public on all matters of general interest relating to the functions of the Council including any guidelines issued by the Council under subsection (2) of this section in relation to ethical conduct and behaviour.

67. Offences in relation to registers.

67.—(1)It shall be an offence for a person to make any false declaration or misrepresentation for the purpose of obtaining registration in any register maintained by the Council or to aid and abet the making of any such false declaration or misrepresentation.

(2)A person who acts in contravention of subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment.

(3)Notwithstanding the provisions of section 10 (4) of the petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years from the commission of the offence.

67A. F48[Admissibility of certain documents relating to proceedings in State or other jurisdictions

67A.—(1) In any proceedings under this Act concerning a registered dentist, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

(2) In any proceedings under this Act concerning a registered dentist, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

(3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

(4) In this section—

"final determination", in relation to any relevant proceedings and a registered dentist, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the dentist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"registered dentist" includes a person who has made an application under this Act to have his or her name entered in a register maintained under this Act which has not yet been determined by the Council;

"relevant document", in relation to a registered dentist, means any of the following:

(a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

(b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

(c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the dentist in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the dentist after the final determination of the proceedings;

(d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the dentist in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

"relevant proceedings", in relation to a registered dentist, means any disciplinary or judicial proceedings (other than such proceedings under this Act), in respect of which the dentist is the subject—

(a) in the State or another jurisdiction which may directly or indirectly result in the dentist—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the dentist being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the dentist being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

68. Prosecution of offences.

68.—Every offence under this Act may be prosecuted by the Council.

69. F49[Special measures registration having regard to Covid-19

69.—(1) A previous registrant may make an application to the Council to be registered in the register pursuant to this section.

(2) Subject tosubsections (3)to(8), the provisions of this Act shall, with all necessary modifications, apply to—

(a) asection 69registration as they apply to registration in the register effected by another section of this Act, and

(b) asection 69registrant as they apply to a registered dentist who is not a section 69 registrant.

(3) No fee (including a retention fee) shall be charged for, or relating to, a section 69 application or a section 69 registration.

(4) Where a previous registrant’s name is entered in the register pursuant to a section 69 registration, the Council shall enter in the register, or cause to be entered in the register, the term "(section 69 registration)" immediately after that name to indicate that his or her registration arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register pursuant to the operation of another section of this Act, whether or not his or her name is already entered in the register pursuant to a section 69 registration.

(b) Where a previous registrant’s name is entered in the register pursuant to the operation of this Act (other than this section) when his or her name is already entered in the register pursuant to a section 69 registration, the Council shall remove from the register, or cause to be removed from the register, the latter entry at the same time as the first-mentioned entry is made.

(c) The refusal of a section 69 registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered in the register.

(6) (a) Subject toparagraph (b), a section 69 registrant who has not practised dentistry in the State or elsewhere for 2 years or more immediately before he or she became such registrant shall not practise dentistry.

(b)Paragraph (a)shall not apply to a person who ceases to be a section 69 registrant by virtue of the operation ofsubsection (5)(b).

(7) (a) Subject tosubsection (8), each section 69 registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

(b) The Council shall remove from the register, or cause to be removed from the register, on the date referred to inparagraph (a), or as soon as is practicable thereafter, each name that was entered in the register pursuant to a section 69 registration.

(8) (a) The Minister may, by order, specify a different date for the purposes ofsubsection (7)(including a different date for a previous different date specified in an order made under this paragraph) and, if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

(b)Section 63(2)shall, with all necessary modifications, apply to an order made underparagraph (a)as that section applies to a regulation made under this Act.

(9) In this section—

"previous registrant" means a former registered dentist whose name was removed from the register pursuant tosection 32(1);

"section 69 application" means an application undersubsection (1);

"section 69 registrant" means a registered dentist who is such pursuant to—

(a) the Council’s determination of a section 69 application, or

(b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 69 application;

"section 69 registration" means a registration effected in the register pursuant to—

(a) the Council’s determination of a section 69 application, or

(b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 69 application.]

70. F50[Power to specify form of documents

70.—(1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

(2) The relevant body’s power undersubsection (1)may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) to be made by the person completing the form, and

(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

(3) The relevant body’s power undersubsection (1)may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

(4) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents as are specified in the form, and

(c) if the completed form is required to be provided to—

(i) the relevant body,

(ii) another person on behalf of the relevant body, or

(iii) any other person,

so provided in the manner, if any, specified in the form.

(5) Without prejudice to the generality ofsubsection (1), the Council may—

(a) specify a form to be completed by a registered dentist in connection with the payment by the dentist of any fee determined undersection 25(b), and

(b) in that form, require the practitioner to supply the Council with such information that the dentist would have to supply the Council if the practitioner were not registered but were seeking registration.

(6) In this section, "relevant body" means—

(a) subject toparagraph (b), the Council, and

(b) in relation to a function under this Act performed by the Fitness to Practise Committee, that Committee.]

71. F51[Notifications under Act

71.—(1) Where the Council, the Fitness to Practise Committee or the Registrar is required or authorised under this Act to notify a registered dentist or former registered dentist, or an auxiliary dental worker or former auxiliary dental worker, of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in any register maintained under this Act in which his or her name is or was (as the case may be) entered.

(2) Where the Council or the Registrar is required or authorised under this Act to notify a person (not being a registered dentist or former registered dentist or auxiliary dental worker or former auxiliary dental worker) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.

(3) Where a notification under this Act has been sent to a person in accordance withsubsection (1)or(2), the notification shall be deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the 3rd working day after the day on which it was so sent.]