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The Dental Association Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2005, c. 52

Bill 6, 4th Session, 38th Legislature

The Dental Association Amendment Act

(Assented to December 8, 2005)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. D30 amended

1           The Dental Association Act is amended by this Act.

2           Section 1 is amended

(a) by adding the following definitions:

"by-laws" means the by-laws of the association made under section 9; (« règlements administratifs »)

"certificate of registration" means a certificate of registration issued by the registrar to a dental assistant under subsection 15.1(2); (« certificat d'inscription »)

"dental assistant" means an individual who is registered as a dental assistant under this Act; (« assistante dentaire »)

"public representative" means an individual who is not registered or licensed under this Act and who is not, and has never been, a member of a profession that is related to the practice of dentistry; (« représentant du public »)

(b) by repealing the definitions "dental auxiliary", "hygienist", ""nurse" or "dental assistant"" and "technician";

(c) in the definition "licence",

(i) by striking out "a certificate issued by the registrar" and substituting "a licence issued by the registrar to a dentist", and

(ii) by striking out everything after "subsection 15(2)";

(d) by replacing the definition "minister" with the following:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

(e) in the definition "permit",

(i) by adding "to a dental corporation" after "by the registrar", and

(ii) by striking out everything after "subsection 23.3(1)"; and

(f) in the English version of the definition "specialist", by striking out "practise" and substituting "practice".

3(1)        Clause 2(1)(f) is amended by striking out "he does or will by himself or his servants" and substituting "he or she does or will personally or by his or her servants".

3(2)        Clause 2(1)(g) is amended by striking out "except as provided in subsection 20(4)".

3(3)        Subsection 2(1.1) is amended by striking out "rules" and substituting "by-laws".

3(4)        Subsection 2(2) is amended

(a) in the part before clause (a), by striking out "rules" and substituting "by-laws"; and

(b) in clause (b), by striking out "dental auxiliary" wherever it occurs and substituting "dental assistant".

3(5)        Subsection 2(5) is amended by striking out "or dental auxiliary" and substituting ", including a dental assistant,".

4           Section 4 is amended by adding "as a dentist" after "licensed".

5           Section 6 is replaced with the following:

Board to manage affairs

6(1)        The business and affairs of the association shall be managed and conducted by a board composed in accordance with this section.

Composition of the board

6(2)        The board must consist of at least 11 persons who are either members of the association, dental assistants or public representatives and who are elected or appointed in accordance with the by-laws.

Dental assistant

6(3)        At least one member of the board must be a dental assistant.

Public representatives

6(4)        At least 1/3 of the members of the board must be public representatives appointed to the board by the minister.

Past president

6(5)        The immediate past president of the association must be a member of the board.

6(1)        Subsection 9(1) is amended

(a) in clause (a), by striking out "members and dental corporations" and substituting "members, dental assistants and dental corporations";

(b) in clauses (b), (h) and (i), by striking out "rules" and substituting "by-laws";

(c) by repealing clause (c);

(d) in clause (d),

(i) by striking out "member or dental corporation" and substituting "member, dental assistant or dental corporation",

(ii) by striking out "rules" and substituting "by-laws", and

(iii) in the English version, by striking out "conduct unbecoming a member" and substituting "unbecoming conduct";

(e) by replacing clause (f) with the following:

(f) suspend the licence, certificate of registration or permit of any member, dental assistant or dental corporation and strike from the register the name of any member, dental assistant or dental corporation who has not paid a fee or penalty due under this Act or the by-laws, and impose terms for the reinstatement of the licence, certificate of registration or permit if the fee or penalty is paid;

(f) in clause (j),

(i) by striking out "rules" wherever it occurs and substituting "by-laws", and

(ii) in the English version, by striking out "he" and substituting "he or she";

(g) by adding the following after clause (j):

(j.1) make by-laws establishing the qualifications required to be registered on the dental assistants register under section 15.1;

(h) in clause (k), by striking out "the issue of an annual licence" and substituting "the issuing of an annual licence, and of dental assistants as a prerequisite for the issuing of an annual certificate of registration".

6(2)        Subsection 9(2) is amended

(a) by replacing the section heading with "Board may make by-laws";

(b) in the part before clause (a), by striking out "rules" and substituting "by-laws";

(c) in clause (a),

(i) in the French version, by striking out "relatives" and substituting "relatifs", and

(ii) by striking out "the register" and substituting "registers";

(d) in clause (b),

(i) by adding "dental assistants," before "corporations",

(ii) by striking out "licences or permits to practise" and substituting "licences, certificates of registration or permits", and

(iii) by striking out "registration, licences or permits" and substituting "registration, licences, certificates of registration or permits";

(e) in clauses (c), (h) and (i) of the French version, by striking out "relatives" and substituting "relatifs";

(f) by adding the following after clause (e):

(e.1) the division of the province into electoral districts, the boundaries of the electoral districts and the number of board members to be elected from each district;

(g) in clause (j), by striking out "Manitoba Dental Register and the dental corporations register" and substituting "registers";

(h) in the part of clause (k) before subclause (i),

(i) in the English version, by striking out "practise" and substituting "practice", and

(ii) by striking out "rules" and substituting "by-laws"; and

(i) by replacing clause (l) with the following:

(l) the requirements respecting the professional liability protection that a licensed member, a dental assistant or a dental corporation must carry, including from whom the professional liability protection must be obtained.

7(1)        Subsection 10(1) is amended by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) the dental assistants register on which shall be registered the names and qualifications of the individuals registered under section 15.1.

7(2)        Subsection 10(2) is amended

(a) in clause (b), by striking out "licence or permit" and substituting "licence, certificate of registration or permit";

(b) in clause (c), by striking out "cancellation of registration or of a licence or permit" and substituting "cancellation of registration, or of a licence, a certificate of registration or a permit";

(c) in clause (d), by adding "and the dental assistants register" after "Manitoba Dental Register"; and

(d) in clause (e), by striking out "rules" and substituting "by-laws".

8           The centred heading before section 13 is amended by striking out "OF MEMBERS".

9           Subsection 14(1) is amended

(a) in the English version of the section heading, by adding "as a dentist" at the end; and

(b) in clause (a), by striking out "an accredited dental education program" and substituting "a dental education program approved by the board".

10(1)       Subsection 15(1) is amended

(a) in the section heading, by adding "on the Manitoba Dental Register" at the end; and

(b) in the subsection, by adding "section 14 of" before "this Act".

10(2)       Subsection 15(2) is amended

(a) in the section heading, by striking out "certificate" and substituting "licence"; and

(b) in the subsection, by striking out "a certificate in the form of Schedule A" and substituting "a licence in the form approved by the board".

11          The following is added after section 15:

Eligibility for registration on the dental assistants register

15.1(1)     An individual who meets the qualifications for registration as a dental assistant in the by-laws is entitled to be registered on the dental assistants register and to have particulars of his or her qualifications entered on the register if he or she

(a) submits a completed application form to the registrar;

(b) provides evidence of his or her qualifications satisfactory to the registrar; and

(c) pays the fee required by the by-laws.

Certificate of registration

15.1(2)     A dental assistant is entitled to receive a certificate of registration, in a form approved by the board, at the time of first registration and thereafter to receive an annual certificate of registration when he or she has paid the fees for renewal of registration and has provided evidence satisfactory to the registrar that any continuing education requirements prescribed under clause 9(1)(k) have been met.

Permitted use of title

15.1(3)     A dental assistant may use the title "Registered Dental Assistant".

12(1)       Subsection 16(1) is amended

(a) by striking out "the Manitoba Dental Register" and substituting "a register"; and

(b) by adding "or dental assistant" after "member of the association".

12(2)       Subsection 16(2) is amended by adding "or being registered as a dental assistant" after "member of the association".

13          Subsection 17(1) of the English version is amended

(a) by striking out "his" and substituting "his or her"; and

(b) by striking out "the register" and substituting "a register".

14          Subclause 23.3(1)(g)(ii) is amended by striking out "or dental auxiliary" and substituting ", including a dental assistant,".

15          Subsection 23.8(1) is amended

(a) in the section heading, by striking out "rules" and substituting "by-laws"; and

(b) in the subsection, by striking out "rules and".

16          Clause 23.9(1)(b) is amended by striking out "or rules".

17(1)       Subsections 24(1) and (2) are replaced with the following:

Peer review committee

24(1)       A peer review committee must be appointed in accordance with this section.

Membership

24(2)       The peer review committee consists of

(a) at least six licensed members of the association appointed by the board;

(b) at least six dental assistants appointed by the board; and

(c) at least five public representatives from the roster established under subsection (5).

17(2)       Subsections 24(3) and (4) are repealed.

17(3)       Subsection 24(5) is replaced with the following:

Roster of public representatives

24(5)       The minister must appoint a roster of at least five public representatives who may be appointed to the peer review committee under this section, the complaints committee under section 24.1, an appeals committee under section 25.3 or an inquiry panel under section 26.

18          Sections 24.1 to 24.3 are replaced with the following:

Definitions

24.1(1)     In sections 24.1 to 29.2,

"conduct" includes an act or omission; (« conduite »)

"investigated member" means a member, a former member, a dental assistant or a former dental assistant who is the subject of an investigation or whose conduct is the subject of a hearing. (« membre visé par l'enquête »)

Complaints committee

24.1(2)     The chair of the peer review committee must appoint at least two members of that committee as a complaints committee in accordance with section 24.3.

Complaints

24.2(1)     Any person may make a complaint in writing to the registrar about the conduct of a member or a dental assistant, and the complaint must be dealt with in accordance with this Act.

Complaints against former members

24.2(2)     If, after the registration or licence of a member, or the certificate of registration of a dental assistant, is suspended, cancelled or not renewed under this Act,

(a) a complaint is made about the former member or the former dental assistant; and

(b) the complaint relates to conduct occurring while the former member's registration or licence, or the former dental assistant's certificate of registration, was in effect;

the complaint may be dealt with within five years following the date of suspension, cancellation or failure to renew as if the former member's registration or licence, or the former dental assistant's certificate of registration, were still in effect.

Referral to complaints committee

24.3(1)     The registrar must refer the matter to the complaints committee if

(a) a complaint is made under section 24.2; or

(b) the registrar or the board considers a referral to be advisable.

Complaint against member

24.3(2)     If a complaint referred to the complaints committee under subsection (1) is about the conduct of a member, the complaints committee must consist of dentists and public representatives from the roster established under subsection 24(5).

Complaint against dental assistant

24.3(3)     If a complaint referred to the complaints committee under subsection (1) is about the conduct of a dental assistant, the complaints committee must consist of dental assistants and public representatives from the roster established under subsection 24(5).

Public representatives

24.3(4)     At least 1/3 of the persons appointed to a complaints committee must be public representatives from the roster established under subsection 24(5).

19(1)       Subsection 24.4(1) is amended by adding "or a dental assistant" after "member".

19(2)       Clause 24.4(3)(a) of the English version is amended by striking out "member's" and substituting "investigated member's".

20          Subsection 25(1) is amended

(a) in clause (c)

(i) of the English version, by striking out "the member's conduct" and substituting "his or her conduct", and

(ii) of the French version, by adding "visé par l'inquête" after "membre"; and

(b) in clause (d),

(i) by striking out "a member" and substituting "an investigated member", and

(ii) by adding "or certificate of registration as a dental assistant" after "dentistry".

21(1)       Subsection 25.2(1) is amended by striking out "member" in the part before clause (a) and substituting "investigated member".

21(2)       Subsection 25.2(2) is amended

(a) in the part before clause (a), by striking out everything after "impose conditions on the" and substituting "member's or the dental assistant's entitlement to practise, and such conditions may include, if applicable, that the member or the dental assistant";

(b) in clause (c)

(i) of the English version, by striking out "the member's" and substituting "his or her", and

(ii) of the French version, by striking out "des inspections périodiques de son cabinet" and substituting "périodiquement des inspections de son cabinet ou des vérifications de son exercice"; and

(c) in the part after clause (e), by adding "or dental assistant" after "member".

22          The following is added after subsection 25.4(1):

Public representatives

25.4(1.1)   At least 1/3 of the persons appointed to an appeals committee must be public representatives from the roster established under subsection 24(5).

Appeal from complaint against a member

25.4(1.2)   If an appeal under subsection (1) is from a complaint against a member, the appeals committee must be composed of members and public representatives from the roster established under subsection 24(5).

Appeal from complaint against a dental assistant

25.4(1.3)   If an appeal under subsection (1) is from a complaint against a dental assistant, the appeals committee must be composed of dental assistants and public representatives from the roster established under subsection 24(5).

23(1)       Subsection 25.5(1) is replaced with the following:

Suspension pending decision

25.5(1)     Despite anything in this Act, if there is any question that an investigated member's conduct exposes or is likely to expose the public to serious risk, the board may direct the registrar to suspend the investigated member's registration, licence or certificate of registration, as the case may be, pending the outcome of proceedings under this Act.

23(2)       Subsection 25.5(2) is amended by striking out "member" and substituting "investigated member".

23(3)       Subsection 25.5(3) is amended by striking out "member's" and substituting "investigated member's".

24          The centred heading before section 26 is amended by striking out "Formal".

25(1)       The part of subsection 26(1) after clause (c) is amended by striking out "lay person" and substituting "public representative from the roster established under subsection 24(5)".

25(2)       The following is added after subsection 26(1):

Hearing re a member

26(1.1)     If a hearing under 26.2 is about the conduct of a member, the inquiry panel must consist of dentists and public representatives from the roster established under subsection 24(5).

Hearing re a dental assistant

26(1.2)     If a hearing under section 26.2 is about the conduct of a dental assistant, the inquiry panel must consist of dental assistants and public representatives from the roster established under subsection 24(5).

25(3)       Subsection 26(2) is replaced with the following:

Public representatives

26(2)       At least 1/3 of the persons appointed to an inquiry panel must be public representatives from the roster established under subsection 24(5).

25(4)       Subsection 26(4) is amended

(a) in the section heading of the English version, by striking out "Members" and substituting "Persons"; and

(b) in the subsection, by striking out "the member's conduct" and substituting "the conduct of an investigated member".

26          Clause 26.2(4)(a) is amended

(a) by striking out "member" and substituting "investigated member"; and

(b) in the English version by striking out "the member's address" and substituting "his or her address".

27(1)       Subsection 26.3(1) of the English version is amended by striking out "the member's" wherever it occurs and substituting "his or her".

27(2)       Subsection 26.3(3) of the English version is amended in the part before clause (a)

(a) by striking out "formal inquiry committee" and substituting "inquiry panel"; and

(b) by striking out "the committee" and substituting "the panel".

28          Section 27.5 is amended

(a) in clause (e), by striking out "the practice of dentistry" and substituting "practice"; and

(b) in clause (f), by striking out "dentistry".

29(1)       Subsections 28(1) and (2) are replaced with the following:

Orders of the inquiry panel

28(1)       If the inquiry panel makes any of the findings described in section 27.5, it may make one or more of the following orders:

(a) reprimand the investigated member;

(b) suspend the investigated member's licence or registration

(i) for such period of time as the inquiry panel determines is appropriate,

(ii) until he or she has completed a specified course of studies or obtained supervised practical clinical experience, or both, to the satisfaction of any person or committee that the inquiry panel may determine, or

(iii) until he or she has obtained treatment or counselling and has demonstrated that a disability, addiction or problem can be or has been overcome to the satisfaction of any person or committee that the inquiry panel may determine;

(c) impose conditions on the investigated member's entitlement to practice and such conditions may include, if applicable, that the investigated member

(i) limit his or her practice,

(ii) practise under supervision,

(iii) not engage in sole practice,

(iv) permit periodic inspections of his or her practice,

(v) permit periodic audits of records,

(vi) report to the inquiry panel, the registrar or the board on specific matters,

(vii) complete a particular course of studies or obtain supervised practical clinical experience, or both, to the satisfaction of such person or committee as the inquiry panel may determine, or

(viii) obtain treatment for a disability or addiction or undertake counselling until such time as the person can demonstrate that a disability, addiction or problem can be or has been overcome to the satisfaction of such person or committee as the inquiry panel may determine,

and may order the member to pay any cost arising from such conditions;

(d) direct the investigated member to waive money owed or refund money paid to him or her that, in the opinion of the inquiry panel, was unjustified for any reason;

(e) cancel the investigated member's licence or certificate of registration as the case may be.

Cancellation or suspension of registration or licence

28(2)       If the registration or licence of a member is suspended or cancelled, or if the registration or certificate of registration of a dental assistant is suspended or cancelled, he or she must not practise during the period of suspension or cancellation.

29(2)       Subsection 28(3) is amended by striking out "member" and substituting "investigated member".

30          Subsection 28.1(2) is replaced with the following:

Failure to pay costs and fines by time ordered

28.1(2)     If the investigated member is ordered to pay a fine, costs or both under subsection (1) and he or she fails to pay within the time ordered, the board may suspend the investigated member's licence or registration, as the case may be, until the fine, costs or both are paid.

31(1)       Subsection 28.2(3) is amended by striking out "member" and substituting "investigated member".

31(2)       Clause 28.2(4)(a) is amended by striking out "member at the member's address" and substituting "investigated member at the address".

32          The centred heading before section 28.3 and sections 28.3 to 28.5 are repealed.

33(1)       Clause 29(a) is replaced with the following:

(a) the name of a member or dental assistant in respect of whom an order is made under section 28 or 28.1; and

33(2)       Clause 29(b) is amended by striking out "or the board".

34          Section 29.1 is amended by striking out "board" and substituting "inquiry panel".

35(1)       Subsection 29.2(1) is amended

(a) by adding "or the registrar" after "member"; and

(b) by striking out "order made by the board under section 28.4" and substituting "order made by an inquiry panel".

35(2)       Subsection 29.2(2) is amended

(a) in clause (a), by striking out "and the board"; and

(b) in the part after clause (b), by striking out "decision of the board is served on the member" and substituting "decision of the inquiry panel is served on the investigated member".

36          Section 29.3 is amended by striking out "and the appeal to the board".

37          Clauses 29.4(b) and (c) are amended by striking out "board" and substituting "inquiry panel".

38          Section 29.5 is amended by striking out "certificate of registration or licence" and substituting "licence or certificate of registration".

39          Section 34 is amended by striking out "dental practitioner" and substituting "dental assistant".

40          Section 35 is amended

(a) in the English version, by adding "or she" after "he" wherever it occurs; and

(b) by striking out "dental practitioner" and substituting "dental assistant".

41          In section 39 of the English version, "practise" is struck out and "practice" is substituted.

42          Section 42 is amended by striking out everything after "may" and substituting "order a stay of proceedings in any such prosecution."

43(1)       Subsection 43(1) is repealed.

43(2)       Subsections 43(2) and (3) are replaced with the following:

By-laws to be mailed to members

43(2)       A by-law passed by the board must be mailed to each member at the address appearing in the Manitoba Dental Register with a notice that the by-law will become effective on a date at least 30 days after the mailing date unless 10 or more members request in writing that the by-law be ratified and confirmed at a special meeting of the association called for that purpose.

Certain by-laws to be mailed to dental assistants

43(3)       A by-law that affects dental assistants must also be mailed to each dental assistant at the address appearing in the dental assistants register with a notice that the by-law will become effective on a date at least 30 days after the mailing date, unless 10 or more individuals, with each individual being either a member or a dental assistant, request in writing that the by-law be ratified and confirmed at a special meeting of the association called for that purpose.

Written request for ratification

43(4)       If a written request for ratification, in accordance with subsection (2) or (3), is received by the secretary before the date specified in the notice undersubsection (2) or (3), the by-law must not become effective until it has been ratified and confirmed by a majority of the members or, if the by-law affects dental assistants, by a majority of members and dental assistants, present and voting at a special meeting of the association called for that purpose.

44          Section 44 is amended by striking out "licensed member or dental corporation" and substituting "licensed member, dental assistant or dental corporation".

45          Schedule A is repealed.

Consequential amendment, C.C.S.M. c. A80

46          The Anatomy Act is amended in the English version of the following provisions by striking out "registered dentist" and substituting "licensed dentist":

(a) section 1, in the definition "authorized person";

(b) subsection 3(2);

(c) clause 6(2)(a);

(d) clause 13(b).

Consequential amendment, C.C.S.M. c. H120

47           In section 1 of the English version of The Hospitals Act, the definition "in-patient" is amended by striking out "registered dentist" and substituting "licensed dentist".

Consequential amendment, C.C.S.M. c. I80

48          The Schedule to The Interpretation Act is amended

(a) by repealing the definition "registered dentist"; and

(b) by adding the following definition:

"licensed dentist" means a person holding a valid licence under The Dental Association Act; (« dentiste »)

Coming into force

49          This Act comes into force on a day to be fixed by proclamation.