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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 |