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C.C.S.M. c. D35
The Denturists Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act
"association" means The Denturists Association continued by subsection 2; (« Association »)
"board" means the board of directors of the association referred to in section 6; (« conseil »)
"committee" means an Admissions Committee appointed pursuant to subsection 13(1); (« comité »)
"dentist" means a person registered as a member of The Manitoba Dental Association under The Dental Association Act; (« dentiste »)
"denturist" means a person who makes, produces, reproduces, contracts, furnishes, supplies, alters or repairs
(a) an upper prosthetic denture or upper dental plate for another person who has no live teeth in his upper jaw, or
(b) a lower prosthetic denture or lower dental plate for another person who has no live teeth in his lower jaw, or
(c) complete prosthetic dentures or complete dental plates for another person who has no live teeth in his mouth,
and who, for any of those purposes, takes necessary impressions of the inside of the mouth of that other person; (« denturologiste »)
"medical practitioner" means a member of the medical profession duly registered under The Medical Act; (« médecin »)
"minister" means a member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)
2(1) The Denturists Association is continued as a body corporate with, subject to the provisions of The Corporations Act, the capacity, rights, powers and privileges of a natural person.
2(2) Every person registered or licensed in accordance with the provisions of this Act or any former Act of the Legislature for which this Act is substituted whose name has not been struck from the register or whose licence is not cancelled, is a member of The Denturists Association.
3(1) The board is responsible for the licensing of denturists.
3(2) The board may appoint one or more inspectors for the purposes of this Act.
R.S.M. 1987 Supp., c. 31, s. 7; S.M. 1992, c. 4, s. 3 and 4.
4(1) A person licensed under this Act may use the designation "Licensed Denturist".
4(2) No person shall use the designation "Denturist" or "Licensed Denturist" or any other name, title, initials or description implying that he is a denturist unless he is duly licensed as such under this Act.
5 The board may
(a) upon being advised by the admissions committee that a person meets all the qualifications and requirements to practise as a denturist; and
(b) upon receipt of such fee therefor as may be prescribed in the regulations;
issue to the person a licence entitling him to practise as a denturist.
6(1) The affairs of the association shall be managed by a board of six directors made up of
(a) four denturists; and
(b) two other persons.
6(2) The four denturist members of the board shall be elected in accordance with the by-laws of the association; and the other two members of the board shall be appointed by the Lieutenant Governor in Council.
6(3) Three members of the board, two of whom shall be denturists, constitute a quorum for the transaction of business.
6(4) The members of the board shall hold office for a term of two years and thereafter until their successors are elected or appointed, as the case may require.
7(1) The board may make, amend and repeal by-laws not inconsistent with this or any other Act of the Legislature to
(a) fix the method of setting the amounts of annual and other fees and provide for the collection thereof;
(b) establish the time for, the manner of, and the election or appointment of members of the board other than those appointed by the Lieutenant Governor in Council;
(c) fix and regulate the time, place, calling and conduct of annual and special general meetings of the association and meetings of the board;
(d) provide for the organization of regional or other divisions of the association;
(e) prescribe the terms of office of members of the board and the manner in which the vacancies on the board may be filled;
(f) govern the acquisition, management, disposal and conduct of the property and affairs of the association;
(g) provide for the appointment, removal, functions, duties and renumeration of agents, officers and employees of the association, and the security, if any, to be given by them to the association;
(h) establish such standing committees, if any, as the board may deem necessary to carry out the business of the association;
(i) generally facilitate all such matters as may be deemed by the board to be necessary or desirable for the administration of the association and for promoting the welfare of the association, its members and the denturist profession;
(j) develop, establish and maintain standards of professional ethics among its members;
(k) promote the professional and social welfare of the members of the association.
7(2) The board shall at least 30 days before the next meeting of the members of the association submit all by-laws or amendments or repeal of any by-law, made under subsection (1) to the members of the association and the members may, at that meeting by ordinary resolution, confirm, reject or amend the by-laws, amendment or repeal thereof.
7(3) A by-law made pursuant to clause (1)(a), (b), (c), (d), (e), (j) or (k) is not effective until confirmed at a meeting of the members pursuant to subsection (2).
7(4) A by-law, or an amendment or a repeal of a by-law made by the board under clause (1)(f), (g), (h) or (i) is effective from the date of the resolution of the board until it is confirmed, confirmed as amended or rejected by the members under subsection (2) or until it ceases to be effective under subsection (5) and, where the by-law is confirmed or confirmed as amended, it continues in effect in the form in which it was so confirmed.
7(5) If a by-law or an amendment or a repeal thereof is rejected by the members or if the board does not submit the by-law, amendment or repeal to the members as required under subsection (2), the by-law, amendment or repeal ceases to be effective and no subsequent resolution by the board to make, amend or repeal a by-law having substantially the same purpose or effect is effective until it is confirmed or confirmed as amended by the members.
7(6) No act done, or right acquired, under any by-law to which subsection (4) applies is prejudicially affected by the subsequent rejection or variation of that by-law at a general meeting of the association.
7(7) A member entitled to vote at an annual meeting of the association may make a proposal to make, amend or repeal a by-law.
7(8) A member making a proposal pursuant to subsection (7) hereof shall send the proposal to the board at the office of the association.
7(9) Upon receiving a proposal from a member to enact, amend or repeal a by-law, the board shall cause the proposal to be published in the agenda for the next general meeting of the association which agenda shall be distributed to the membership in accordance with the by-laws of the association, but where there is not sufficient time before the next general meeting of the association to distribute the proposal in accordance with the provisions of the by-laws of the association, then the proposal shall be contained in the agenda for the next following meeting and shall be distributed to the membership in accordance with the by-laws of the association prior to that meeting of the association.
8(1) The board shall cause to be kept a register and shall enter therein the name of every person licensed as a denturist under this Act.
8(2) Repealed, S.M. 2002, c. 24, s. 19.
9 No person shall practice as a denturist or hold himself out for employment as a denturist unless his name is entered in the register; and a person so registered is entitled to practice or hold himself out as a denturist to the extent authorized by this Act.
10 The register shall be open to inspection by any person at the head office of the association at all reasonable times during regular business hours free of charge; but any officer or employee of the association may refuse access to the register if there is cause to believe that the person seeks the access merely for commercial purposes.
11 A statement certified under the hand of an officer of the association respecting the registration of a person is admissible in evidence as prima facie proof that the person therein specified is registered under this Act and entitled to practise as a denturist.
12(1) The board shall cause the removal of the name of a member from the register
(a) at the request or with the written consent of the member whose name is to be removed; or
(b) where the name has been incorrectly entered; or
(c) where notification is received of the member's death; or
(d) where the member has been suspended; or
(e) where the registration of the member has been revoked.
12(2) Subject to subsection (3), the board on such grounds as it deems sufficient may cause the name of a person removed from the register to be restored thereto either without fee or upon payment to the association of
(a) such sum not exceeding the fees or other sums in arrears and owing by the person to the association; and
(b) such additional sum as may be prescribed by the by-laws of the association.
12(3) Where the name of a person who has been suspended or whose registration has been revoked is to be restored to the register under subsection (2), the board may by resolution direct that the name be restored subject to such terms and conditions as the board may prescribe.
13(1) The board shall appoint an Admissions Committee made up of two denturists nominated by the board and a member of the Faculty of Dentistry at the University of Manitoba, and shall appoint one of the members as chairman of the committee.
13(2) Each member of the committee shall hold office for a term of three years and thereafter until his successor is appointed.
13(3) Any person who wishes to obtain a licence to practise as a denturist shall submit his application on a form prescribed by the regulations to the committee which shall consider the application and the qualifications of the applicant and where it is satisfied that the applicant meets all the qualifications and requirements prescribed by the regulations, the committee shall recommend to the board that denturist's licence be issued to the applicant.
13(4) Before making a recommendation to the board under subsection (3) the committee shall require an applicant, in accordance with the regulations, to sit and pass such written, oral or practical examination as it considers advisable under the circumstances.
13(5) Where the committee recommends to the board that a licence should not be issued to a person to practise as a denturist, the recommendation of the committee is subject to an appeal to the Court of Queen's Bench in accordance with section 21.
R.S.M. 1987 Supp., c. 31, s. 7; S.M. 1992, c. 4, s. 7 and 8.
14(1) Every denturist licensed under this Act shall keep and maintain such books, records and accounts as may be required by the regulations.
14(2) The books, records and accounts required to be kept and maintained by a licensed denturist under subsection (1) shall be open to inspection at all reasonable times by an inspector.
14(3) An inspector or any person authorized by the board in writing, may
(a) at all reasonable times enter the business premises and is entitled to access to the books of account, accounting records, documents, files, correspondence and other records of any person carrying on business to which the provisions of this Act apply and to make copies of them or take extracts therefrom; and
(b) require information or material respecting any matter under investigation to be submitted in writing, verified by affidavit, by any person within a specified period of time.
14(4) No person shall refuse access or withhold, conceal, falsify or refuse to produce any books of account, accounting records, documents, files, correspondence or other records or fail to supply any information to which subsection (3) applies.
15(1) Nothing in this Act prohibits
(a) a dentist or a person working directly under the supervision of a dentist in accordance with the provisions of The Dental Association Act;
(b) a medical practitioner;
(c) a hospital dispensary, university or municipal clinic acting upon the prescription or order of a dentist or medical practitioner; or
(d) apprenticed denturists and other persons working as employees of a licensed denturist;
from performing work or services ordinarily performed by a denturist.
15(2) No denturist shall make, produce, reproduce, furnish or supply any prosthetic denture or dental plate for another person, or, for any of those purposes, take impressions of the inside of that other persons mouth, unless that other person produces to the denturist a certificate of oral health respecting that other person signed by a dentist or medical practitioner.
15(3) Except as provided in subsection (4), no denturist shall make, produce, reproduce, furnish or supply any prosthetic denture or dental plate for another person who has live teeth in his mouth, or, for any of those purposes, take impressions of the inside of the mouth of another person who has live teeth in his mouth, unless he does so in accordance with a prescription signed by a dentist.
15(4) A denturist may make, produce, reproduce, furnish or supply
(a) an upper prosthetic denture or upper dental plate for another person who has no live teeth in his upper jaw; or
(b) a lower prosthetic denture or lower dental plate for another person who has no live teeth in his lower jaw;
or, for any of those purposes, take impressions of the inside of the mouth of another person, without a prescription signed by a dentist.
16(1) Licensed denturists shall not form a corporation to operate a dental laboratory
(a) unless the majority of the directors are licensed denturists;
(b) unless a majority of each class of shares of the corporation is owned by and registered in the names of licensed denturist; and
(c) unless a licensed denturist is at all times in charge of the actual operations of the laboratory.
16(2) Every licensed denturist on the board of directors of a corporation that operates a dental laboratory and the licensed denturist in charge of the actual operations of the laboratory is guilty of any contravention of this Act by the corporation in addition to the corporation.
16(3) Notwithstanding the provisions of any other Act of the Legislature, every licensed denturist on the board of directors of a corporation that operates a dental laboratory and every licensed denturist who is in charge of the actual operations of the laboratory who violates any provision of this Act may be liable in damages to any person who suffers injury as a result of the violation or negligent performance of services rendered.
17 Nothing in The Dental Association Act shall be construed as prohibiting a denturist who is licensed under this Act with or without a prescription of a dentist from doing those things set out in the definition "denturist".
18 The minister may
(a) establish one or more schools for the purposes of training denturists;
(b) approve the establishment of a school for the purpose of training denturists by any university or other institution or organization; or
(c) utilize or approve any existing facility or institution or designate any place as a school, whether in the province or outside the province, for the purpose of educating and training denturists.
19 Without the approval of the minister, no person shall establish or carry on in Manitoba a school for the training of denturists.
20(1) The board may refuse to grant a licence under this Act to any person who in the opinion of the board and in the interest of the public is not a fit and proper person to be licensed as a denturist.
20(2) The board may for cause, by order, suspend for any stated term or until a condition has been met, any licence issued under this Act, and after notice and hearing, cancel the licence if in the opinion of the board, it is in the public interest to do so.
21(1) Any person affected by a decision or order of the board under section 20 may appeal a decision or order by notice of motion to the Court of Queen's Bench within three months of the making of the decision or order as the case may be; and the court may make such order, including an order as to costs, as it deems proper in the circumstances.
21(2) The decision of a judge of the Court of Queen's Bench under subsection (1) is final.
21.1(1) Subject to section 21.2, every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except
(a) to the extent the information is available to the public, or is required to be disclosed, under this Act;
(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;
(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or
(d) to a body that governs the practice of denturism in a jurisdiction other than Manitoba.
21.1(2) A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.
21.2(1) In addition to any other information maintained in administering this Act, the board must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
21.2(2) A member must provide the board with the information required under subsection (1), in the form and at the time set by the board.
21.2(3) The minister may request in writing that the board provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information — in non-identifying form — for statistical purposes.
21.2(4) The board must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the board.
21.2(5) Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
21.2(6) The following entities are authorized to receive information — in non-identifying form — under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
22 Every person
(a) who, not being licensed under this Act, carries on business or holds himself out as carrying on business as a denturist or who advertises or affixes any prefix to his name signifying that he is qualified to carry on business as a denturist; or
(b) who engages in the practice or carries on business as, a denturist without first obtaining a licence under this Act;
is guilty of an offence and liable on summary conviction
(c) for a first offence to a fine of not less than $200. and not more than $500., and in default of payment to imprisonment for not more than 30 days;
(d) for a second offence to a fine of not less than $500. and not more than $1,000., and in default of payment to imprisonment for not more than 60 days; and
(e) for a third or subsequent offence to imprisonment for not less than 60 days and not more than six months.
22.1(1) Any person may be a prosecutor or complainant in the prosecution of an offence under this Act.
22.1(2) No prosecution under this Act shall be commenced after the expiration of one year from the date of the alleged offence.
R.S.M. 1987 Supp., c. 31, s. 7.
23 For the purpose of carrying out the provisions of this Act according to their intent, the board, subject to the approval of the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders
(a) respecting the licensing of denturists including the fees payable for both provisional and regular licences;
(b) prescribing the qualifications of persons to be licensed and the proofs to be furnished as to the technical qualifications, experience, education and good character;
(c) providing for the examination of persons applying for licences and setting of the fees payable for each such examination;
(d) providing for the arrangement of suitable training and apprenticeship programs and the qualifications required to be admitted to apprenticeship;
(e) prescribing the content and duration of any training programs for denturists;
(f) respecting setting and marking the examinations to be passed by persons seeking a licence as a denturist;
(g) respecting reviewing annually the licence of each denturist;
(h) respecting auditing denturists' practices in order to maintain standards;
(i) prescribing rules respecting advertising by denturists;
(j) respecting such other matters as may be referred to it by the Lieutenant Governor in Council;
(k) respecting the discipline and control of denturists including the adoption and enforcement of any reasonable rules of conduct;
(l) providing for the investigation of any complaint that a denturist has been guilty of misconduct or displayed such incompetence as to render it desirable in the public interest that his licence should be cancelled or suspended;
(m) respecting the suspension or cancellation of the licence of any denturist found by the board to be guilty of misconduct or to be incompetent;
(n) defining "misconduct" for the purpose of this section and the regulations;
(o) prescribing forms for use under this Act;
(p) prescribing the various fees to be paid under this Act;
(q) respecting the books, records and accounts to be kept and maintained by licensed denturists;
(r) repealed, S.M. 1993, c. 48, s. 9;
(s) prescribing the terms and conditions to which a licence issued under this Act may be subject and the duration during which such licence may be valid;
(t) prescribing rules for the service of notices and documents under this Act;
(u) respecting such other matters, not inconsistent with the intent of this Act as may be deemed necessary to further the purposes and objects of this Act.