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11 | [Repealed] | |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13 | [Repealed] | |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18 | [Repealed] | |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20 to 23 | [Repealed] | |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 |