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The Dental Association Act

C.C.S.M. c. D30

The Dental Association Act

1 Definitions
PRACTICE OF DENTISTRY
2(1) Persons deemed practising dentistry
(1.1) Unauthorized practice
(1.2) Practice for unauthorized persons
(1.3) Unlicensed and unregistered person not to act as proprietor, etc., in office of dentist
(1.4) Employment permitted
(1.5) Entitlement to payment
(2) Exceptions
(3) Work by students
(4) Authorized services not prohibited
(5) Responsibility of dentist
THE MANITOBA DENTAL ASSOCIATION
3 Corporate status and name
4 Membership
5 Power of board
6(1) Board to manage affairs
(2) Composition of the board
(3) Dental assistant
(4) Public representatives
(5) Past president
7 Officers of the association
8 Committees
9(1) Function and duties of board
(2) Board may make by-laws
(3) Conduct of business by resolution
REGISTERS
10(1) Registers
(2) Information in registers
(3) Incorrect entries
(4) Certificate of registrar as evidence
11
12 Inspection of register
REGISTRATION AND LICENSING
13
14(1) Qualifications for registration as a dentist
(2) Approval despite prior suspension etc.
15(1) Eligibility for registration on the Manitoba Dental Register
(2) Form of licence
15.1(1) Registration if emergency
(2) Emergency need not be declared
(3) Licence
15.2(1) Eligibility for registration on the dental assistants register
(2) Certificate of registration
(3) Permitted use of title
16(1) Persons convicted ineligible for registration
(2) Registration not to be refused
17(1) Registrar to rule on registrations
(2) Where registration refused
18
19 Minors not to be registered
20 to 23
PROFESSIONAL CORPORATIONS
23.1 Definitions
23.2 Dental corporation may practise
23.3(1) Corporate permit
(2) Refusal to issue or renew permit
(3) Notice of refusal
(4) Appeal to board
23.4 Validity of permit
23.5(1) Business without permit prohibited
(2) Restriction on business of dental corporation
(3) Interpretation of business restriction
(4) Validity of corporate act
23.6(1) Voting agreements void
(2) Unanimous shareholders' agreements void
23.7 Notification of changes
23.8(1) Application of Act and by-laws
(2) Obligations to clients not diminished
(3) Liability of member
(4) Liability and voting shareholders
(5) Effect of member's conduct on dental corporation
(6) Member's practice restrictions apply to corporation
23.9(1) Grounds for suspension or cancellation of permit
(2) Limitation
(3) Alternative to cancellation or suspension
(4) Cancellation of permit
DISCIPLINE
Peer Review Committee
24(1) Peer review committee
(2) Membership
(3) and (4)
(5) Roster of public representatives
(6) Chairperson
Complaints
24.1(1) Definitions
(2) Complaints committee
24.2(1) Complaints
(2) Complaints against former members
24.3(1) Referral to complaints committee
(2) Complaint against member
(3) Complaint against dental assistant
(4) Public representatives
24.4(1) Investigation
(2) Records and information
(3) Failure to produce records
(4) Investigation of other matters
(5) Report to complaints committee
24.5 Serious complaints referred directly for inquiry
25(1) Decision of complaints committee
(2) Notification of complaints committee decision
(3) Hearing not required
25.1(1) Issuance of formal caution
(2) Investigated member's request for referral to peer review chairperson
(3) Confidentiality of formal caution
25.2(1) Voluntary surrender of licence
(2) Conditions
(3) Referral to peer review chairperson
25.3(1) Appeals committee
(2) Members not to have taken part in complaints committee review
25.4(1) Appeal to appeals committee
(1.1) Public representatives
(1.2) Appeal from complaint against a member
(1.3) Appeal from complaint against a dental assistant
(2) Notification of appeal
(3) Power on appeal
(4) Notification of decision
(5) Hearing not required
25.5(1) Suspension pending decision
(2) Notice of suspension
(3) Service of notice of suspension
(4) Proof of service
(5) Application of stay
Inquiry
26(1) Establishment of inquiry panel
(1.1) Hearing re a member
(1.2) Hearing re a dental assistant
(2) Public representatives
(3) Chairperson
(4) Persons not to have taken part in investigation
26.1 Procedure
26.2(1) Hearing by inquiry panel
(2) Date of hearing
(3) Notice of hearing
(4) Service of notice of hearing
(5) Proof of service
(6) Inquiry panel and registrar may have counsel
(7) Right to appear and be represented
(8) Examination of documentary evidence
(9) Recording of evidence
(10) Adjournments
26.3(1) Hearing open to public
(2) Request for hearing in private
(3) Hearing in private
26.4 Investigation of other matters
26.5(1) Evidence
(2) Power to administer oaths
27 Witnesses
27.1 Proof of conviction
27.2(1) Notice to attend and produce records
(2) Registrar shall provide notices
(3) Method of service of notices
(4) Proof of service
(5) Witness fees
27.3 Failure to attend or give evidence
27.4 Hearing in absence of investigated member
27.5 Findings of inquiry panel
28(1) Orders of the inquiry panel
(2) Cancellation or suspension of registration or licence
(3) Formal cautions brought to inquiry panel's attention
28.1(1) Costs and fines
(2) Failure to pay costs and fines by time ordered
(3) Filing of order to pay costs
28.2(1) Written decision and formal order
(2) Decision and order forwarded to registrar
(3) Service of decision and order
(4) Method of service of decision and order
(5) Proof of service
(6) Copies of transcript
28.3 to 28.5
29 Publication of decision
29.1 Stay pending appeal to Court of Appeal
Appeal to Court of Appeal
29.2(1) Appeal to Court of Appeal
(2) Commencement of appeal
29.3 Appeal on the record
29.4 Powers of Court on appeal
Reinstatement
29.5 Reinstatement
30 Protection from liability
GENERAL PROVISIONS
31 By-law for establishment of dental clinics
32 Offence of fraudulent application
33(1) Offence of practising without a licence
(2) Injunction against unlawful practice
34 Offence of unauthorized assumption of dental title
35 Offence of unauthorized use of dental title
36 Penalty for falsification of register
36.1(1) Confidentiality of information
(2) Offence
36.2(1) Registrar to collect information
(2) Member to provide information
(3) Minister may require information
(4) Registrar to provide information to minister
(5) Minister may disclose information
(6) Authorized entities
37(1) Disposition of fines
(2) Prosecution of offence
37.1 Directors, officers and employees
38 Penalty
39 Proof of offence
40 Who may prosecute complaint
41 Limitation
42 Stay of proceedings
43(1)
(2) By-laws to be mailed to members
(3) Certain by-laws to be mailed to dental assistants
(4) Written request for ratification
44 Limitation of actions
SCHEDULE A