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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. D33
The Dental Health Services Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"beneficiary" means a member of a class of persons designated by the Lieutenant Governor in Council as a beneficiary; ("bénéficiaire")
"dental health worker" means a dental nurse, dental hygienist, dental technician or dental assistant registered under The Dental Health Workers Act; ("travailleur en sciences dentaires")
"dentist" means a person registered and licensed under The Dental Association Act; ("dentiste")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
Provisions for preventive dental services.
The minister may make arrangements for the purposes of this Act to provide any of the following preventive and treatment dental services to a beneficiary
(a) cleaning and scaling of teeth:
(b) the topical application of anticariogenic agents:
(c) education and instruction in the care of teeth;
(d) examinations and diagnostic services, including x-rays;
(e) fillings of teeth;
(f) treatment of diseased gums;
(g) extractions of teeth;
(h) provision of prosthetic and orthodontic dental appliances of the kind approved by the minister; and
(i) the provision of drugs and medicines considered advisable in the treatment of a dental condition.
Where under the regulations, the Lieutenant Governor in Council has prescribed other preventive or treatment dental services that may be provided to beneficiaries, the minister may make arrangements to provide those services to beneficiaries.
For the purposes of providing dental services under this Act, the minister may
(a) arrange for the employment of dentists, dental health workers, and other professional, technical and clerical staff under The Civil Service Act or on a special contract basis;
(b) establish stationary and mobile clinics for the provision of dental services to beneficiaries;
(c) acquire such dental equipment, material and substances as the minister considers necessary in the provision of dental services pursuant to this Act;
(d) enter into agreements with associations, dentists and other persons for the provision of dental services to beneficiaries;
(e) enter into agreements with municipalities and school boards for the use of buildings and facilities for the purpose of providing dental services to beneficiaries; and
(f) do such other things as he considers necessary or advisable for the carrying out of the objects and purposes of this Act.
Payment to government employed dentists.
Nothing in this Act requires the minister to make or authorize payment for dental services provided to a child by a dentist or other person unless the dentist or other person is employed in the civil service or has entered into an agreement with the minister to receive payment from the government for the provision of those dental services.
Where a dental service is not authorized by this Act or the regulations, the minister is not required to make payment for or provide that dental service to or require a dentist or any other person to provide the service.
No action lies against the minister in connection with any dental service provided to a beneficiary under this Act by a dentist or any other person where that dentist or other person is a person who is not an employee of the government within the meaning of The Civil Service Act.
Agreements with other governments.
The minister, with the approval of the Lieutenant Governor in Council, may, on behalf of the government, enter into agreements with the Government of Canada or the government of any province or territory for the provision of dental services to beneficiaries, subject to such terms and conditions as may be agreed upon.
Nothing in The Dental Association Act prohibits or restricts a dental assistant, dental hygienist or dental nurse who holds a valid and subsisting certificate of registration under The Dental Health Workers Act, from rendering dental services prescribed in the regulations made under The Dental Health Workers Act.
A dentist who has agreed, either by himself or through an agent acting on his behalf to provide dental services to beneficiaries under this Act shall not charge, demand or accept a fee for those services, that is greater than the fee for those services provided by the agreement or established by regulations under this Act.
For the purpose of carrying out the provisions of this Act, according to their intent, 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) prescribing dental services other than those set out in section 2, that may be provided to beneficiaries;
(b) prescribing the procedure to be followed by a person in obtaining dental services;
(c) prescribing forms for use under this Act;
(d) establishing the fees to be paid to dentists and other persons for providing dental services under this Act;
(e) providing for the use of schools, clinics or government institutions and facilities for the delivery of dental services to beneficiaries.