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C.C.S.M. c. D30
The Dental Association Act
Table of Contents
| 1 | Definitions | |
| PRACTICE OF DENTISTRY | ||
| 2 | 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 | 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 | Function and duties of board | |
| (2) | Board may make by-laws | |
| (3) | Conduct of business by resolution | |
| REGISTERS | ||
| 10 | Registers | |
| (2) | Information in registers | |
| (3) | Incorrect entries | |
| (4) | Certificate of registrar as evidence | |
| 11 | [Repealed] | |
| 12 | Inspection of register | |
| REGISTRATION AND LICENSING | ||
| 13 | [Repealed] | |
| 14 | Qualifications for registration as a dentist | |
| (2) | Approval despite prior suspension etc. | |
| 15 | Eligibility for registration on the Manitoba Dental Register | |
| (2) | Form of licence | |
| 15.1 | Registration if emergency | |
| (2) | Emergency need not be declared | |
| (3) | Licence | |
| 15.2 | Eligibility for registration on the dental assistants register | |
| (2) | Certificate of registration | |
| (3) | Permitted use of title | |
| 16 | Persons convicted ineligible for registration | |
| (2) | Registration not to be refused | |
| 17 | Registrar to rule on registrations | |
| (2) | Where registration refused | |
| 18 | [Repealed] | |
| 19 | Minors not to be registered | |
| 20 to 23 | [Repealed] | |
| PROFESSIONAL CORPORATIONS | ||
| 23.1 | Definitions | |
| 23.2 | Dental corporation may practise | |
| 23.3 | Corporate permit | |
| (2) | Refusal to issue or renew permit | |
| (3) | Notice of refusal | |
| (4) | Appeal to board | |
| 23.4 | Validity of permit | |
| 23.5 | Business without permit prohibited | |
| (2) | Restriction on business of dental corporation | |
| (3) | Interpretation of business restriction | |
| (4) | Validity of corporate act | |
| 23.6 | Voting agreements void | |
| (2) | Unanimous shareholders' agreements void | |
| 23.7 | Notification of changes | |
| 23.8 | 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 | Grounds for suspension or cancellation of permit | |
| (2) | Limitation | |
| (3) | Alternative to cancellation or suspension | |
| (4) | Cancellation of permit | |
| DISCIPLINE | ||
| 24 | Peer review committee | |
| (2) | Membership | |
| (5) | Roster of public representatives | |
| (6) | Chairperson | |
| 24.1 | Definitions | |
| (2) | Complaints committee | |
| 24.2 | Complaints | |
| (2) | Complaints against former members | |
| 24.3 | Referral to complaints committee | |
| (2) | Complaint against member | |
| (3) | Complaint against dental assistant | |
| (4) | Public representatives | |
| 24.4 | 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 | Decision of complaints committee | |
| (2) | Notification of complaints committee decision | |
| (3) | Hearing not required | |
| 25.1 | Issuance of formal caution | |
| (2) | Investigated member's request for referral to peer review chairperson | |
| (3) | Confidentiality of formal caution | |
| 25.2 | Voluntary surrender of licence | |
| (2) | Conditions | |
| (3) | Referral to peer review chairperson | |
| 25.3 | Appeals committee | |
| (2) | Members not to have taken part in complaints committee review | |
| 25.4 | 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 | Suspension pending decision | |
| (2) | Notice of suspension | |
| (3) | Service of notice of suspension | |
| (4) | Proof of service | |
| (5) | Application of stay | |
| 26 | 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 | 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 | Hearing open to public | |
| (2) | Request for hearing in private | |
| (3) | Hearing in private | |
| 26.4 | Investigation of other matters | |
| 26.5 | Evidence | |
| (2) | Power to administer oaths | |
| 27 | Witnesses | |
| 27.1 | Proof of conviction | |
| 27.2 | 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 | Orders of the inquiry panel | |
| (2) | Cancellation or suspension of registration or licence | |
| (3) | Formal cautions brought to inquiry panel's attention | |
| 28.1 | Costs and fines | |
| (2) | Failure to pay costs and fines by time ordered | |
| (3) | Filing of order to pay costs | |
| 28.2 | 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 | [Repealed] | |
| 29 | Publication of decision | |
| 29.1 | Stay pending appeal to Court of Appeal | |
| 29.2 | Appeal to Court of Appeal | |
| (2) | Commencement of appeal | |
| 29.3 | Appeal on the record | |
| 29.4 | Powers of Court on appeal | |
| 29.5 | Reinstatement | |
| 30 | Protection from liability | |
| GENERAL PROVISIONS | ||
| 31 | By-law for establishment of dental clinics | |
| 32 | Offence of fraudulent application | |
| 33 | 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 | Confidentiality of information | |
| (2) | Offence | |
| 36.2 | 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 | 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) | [Repealed] |
| (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 | ||