Dental Hygienists Regulations 1950

Citation

1 These Regulations may be cited as the Dental Hygienists Regu lations 1950.

Interpretation

2 In these Regulations—

"the Act" means the Dental Practitioners Act 1950 [title 30 item 4];

"the Board" means the Bermuda Dental Board;

"dental hygienist" has the meaning assigned to it by section 22(2) of the Act;

"the register" means the register of dental hygienists maintained by the Board under regulation 4.

Unqualified persons; offences

3 (1) A person who is not a dental hygienist shall not take or use any name, title or description (whether by initials or otherwise) stating or implying that he is a dental hygienist.

(2) A person, whether or not a dental hygienist, shall not take or use, or affix to or use in connection with any premises, any name, title or description (whether by initials or otherwise) reasonably calculated to suggest that he possesses any professional status or qualification as a dental hygienist other than a professional status or qualification which he in fact possesses, and which, in the case of a dental hygienist, is indi cated by particulars entered in pursuance of regulation 7 in the dental hygienists' register in respect of him.

(3) Any person who contravenes any of the foregoing provisions of this regulation commits an offence against these Regulations:

Punishment on summary conviction: a fine of $420.

4 (1) The Board shall cause to be kept and maintained a register of dental hygienists (hereinafter in these Regulations referred to as "the register") in such form as they may from time to time determine, con taining the names of those persons who are entitled to be registered un der these Regulations.

(2) The Board shall cause to be published in the Gazette, as soon as may be after the first day of January in each year, a list of the names entered in the register on that day; and a copy of the Gazette containing the most recent list so published shall be, prima facie, evi dence in all courts that the persons whose names are entered therein are dental hygienists; and the absence of the name of any person from such list shall be, prima facie, evidence that that person is not a dental hy gienist:

Provided that—

(a) in the case of any person whose name does not appear in any such list, a certificate purporting to be signed by the Chairman of the Board of the entry of the name of such person in the register and of the date of such entry shall be, prima facie, evidence—

(i) that he is a dental hygienist; and

(ii) of the date upon which he became a dental hy gienist;

(b) in the case of any person whose name does not appear in any such list, a certificate as aforesaid of the striking off or removal of the name of that person from the reg ister, or of his suspension from practice under these Regulations, and of the date of the striking off, removal or suspension shall be, prima facie, evidence—

(i) that he is not a dental hygienist or has been suspended from practice; and

(ii) of the date upon which he ceased by virtue of the striking off or removal to be a dental hy gienist, or as the case may be, was suspended from practice.

(3) The Board—

(a) shall cause to be entered in the register the name of any person—

(i) who passes an examination held in pursuance of regulation 6; or

(ii) whose name, having been struck off or removed from the register, is ordered to be restored to the register in pursuance of regulation 11;

(b) shall cause to be made in the register such alterations and additions relating to the particulars of dental hy gienists (including any particulars of any dental process permitted to be carried out under regulation 13) as may from time to time become necessary;

(i) who has died; or

(ii) who has, under regulation 10, applied to have his name removed from the register;

(d) shall cause to be struck off the register the name of any dental hygienist whose name is ordered by the Board to be struck off the register under regulation 8;

(e) shall cause to be entered in the register, as may from time to time become necessary, a note of the com mencement or termination of the suspension from prac tice of a dental hygienist under regulation 8; and

(f) may, without prejudice to any other provision of these Regulations, cause such notices—

(i) to be published in the Gazette; or

(ii) to be circulated for the information of registered dental practitioners,

as appears to the Board expedient in the circumstances.

Application for licensing and registration as dental hygienist

5 (1) A person who applies to be licensed and registered under these Regulations (hereinafter in these Regulations referred to as "an ap plicant for registration" or as "an applicant") shall make application to the Board in Form A in the Schedule and shall forward with the applica tion—

(a) the original of any diploma or certificate of graduation granted by a university, college, school or other author ity to the applicant in respect of his satisfactory comple tion of a course of training in the practice of a dental hy gienist, or a copy of any such diploma or certificate cer tified as a true copy by or on behalf of the university, college, school or other authority by which the original diploma or certificate was granted; and

(b) a certificate or testimonial as to the character of the ap plicant given within the period of three months last pre ceding the date of the application by a person of stand ing and responsibility well acquainted with the appli cant.

(2) Where, as a result of their consideration of the application,
and after making such enquiries, if any, as appear to them desirable in the circumstances, it appears to the Board that the applicant for regis tration is a duly eligible applicant, the Board shall, in pursuance of reg ulation 6, appoint an examining committee to examine the applicant in order to determine his competence to practise as a dental hygienist.

(3) Where an applicant for registration does not appear to the Board to be a duly eligible applicant, they shall cause the applicant to be informed of their decision and of the reasons therefor.

(4) A person aggrieved by any decision of the Board under this regulation may appeal to the Governor in the manner provided in regu lation 12.

(5) In this regulation "duly eligible applicant" means an appli cant for registration who is a person of good character, who has not been examined under these Regulations within the period of the last preceding six months, and who has satisfactorily undergone a course of training in the practice of a dental hygienist approved by the Board.

Qualifying examination

6 (1) Where—

(a) any applicant for registration appears to the Board to be eligible for examination by virtue of regulation 5; or

(b) any appeal under regulation 12 by an applicant for reg istration against any decision of the Board under regu lation 5 is allowed by the Governor,

the Board shall, as soon as may be, appoint an examining committee, who shall themselves conduct an examination of the applicant (hereinafter in these Regulations referred to as a "qualifying examina tion").

(2) An examining committee appointed under this regulation shall consist of—

(a) two registered dental practitioners; and

(b) one registered medical practitioner.

(3) A qualifying examination shall be set and conducted in such manner as to ensure, as far as possible, that any person passing the examination is possessed of the competence, knowledge and skill requisite for efficient practice as a dental hygienist in Bermuda.

(4) An examining committee appointed in pursuance of these Regulations shall, having due regard to paragraph (3), have power—

(a) to determine the nature and scope of a qualifying exami nation; and;

(b) to regulate the conduct of a qualifying examination; and

(c) to determine whether or not an applicant for registration who takes a qualifying examination shall be considered to have passed or failed in that examination.

(5) No appeal shall lie to the Governor under these Regulations against any determination of an examining committee arising out of the exercise by them of any power in pursuance of paragraph (4).

Examination result; registration and licence

7 An examining committee shall, as soon as may be after con ducting a qualifying examination, inform the Board whether the appli cant for registration has passed or failed in the examination; and the Board—

(a) where the applicant has passed the examination—

(i) shall inform the applicant accordingly; and

(ii) shall cause the applicant's name and profes sional qualifications to be entered in the regis ter; and

(iii) shall cause a licence to practice as a dental hy gienist in Form B in the Schedule to be com pleted and signed by the Chairman of the Board and forwarded to the applicant; or

(b) where the applicant has failed in the examination, shall inform the applicant accordingly.

Disciplinary powers of Bermuda Dental Board

8 (1) Where it is made to appear to the Board that a dental hy gienist—

(a) has committed an offence against these Regulations; or

(b) has been guilty of disgraceful conduct in a professional respect; or

(d) has become incapable of properly carrying out his pro-
fessional functions by reason of old age or mental or bodily infirmity; or

(e) is addicted to alcohol or drugs to an extent which makes him unfit to carry out his professional functions; or

(f) has ceased for a substantial period actively to practise as a dental hygienist,

the Board shall suspend the dental hygienist from practice pending the holding of an enquiry as hereinafter in this regulation provided, and shall by notice inform him accordingly.

(2) The Board, as soon as conveniently may be after the sus pension of a dental hygienist from practice under paragraph (1), shall hold an enquiry into the matter in respect of which the suspension took place; and in respect of any such enquiry the following provisions shall have effect—

(a) the Board may take evidence on oath, and for that pur pose the Chairman of the Board may administer an oath;

(b) the Board shall afford the dental hygienist every facil ity—

(i) to appear before the Board at all stages of the enquiry;

(ii) to be represented by counsel;

(iii) to cross-examine witnesses; and

(iv) generally to make a full defence or explanation in the matter.

(3) Where the Board, as the result of an enquiry held under this regulation, are satisfied as to the truth of any of the matters speci fied in paragraph (1), they may, without prejudice to any other proceed ings under these Regulations in respect of the same matter—

(a) order the name of the dental hygienist to be struck off the register; or

(b) order the dental hygienist to be suspended from practice for any period not exceeding twelve months; or

and the Board shall in each case by notice inform the dental hygienist of their decision accordingly.

(4) A dental hygienist shall be entitled to appeal to the Gover nor in the manner provided in regulation 12 against any order made un der paragraph (3).

(5) The Board, where they order the name of a dental hygienist to be struck off the register or where they order a dental hygienist to be suspended from practice under paragraph (3)—

(a) shall, on the tenth day after notice has been given under paragraph (3), cause the name of the dental hygienist to be struck off the register, or, as the case may be, a note of the date of the commencement of the suspension to be entered in the register, unless in the meantime an ap peal has been duly entered in respect of the order; or

(b) shall, where an appeal is duly entered, and where the appeal is subsequently dismissed by the Governor, cause the name of the dental hygienist to be struck off or the note to be entered immediately after the determi nation of the appeal;

and in either such case the Board shall by notice inform the dental hy gienist accordingly.

(6) Any person whose name is ordered to be struck off the reg ister or who is ordered to be suspended from practice, under paragraph (3) shall, within seven days of receiving a notice under paragraph (5) (which notice shall set out the requirements of this paragraph) return to the Board any licence forwarded to him under regulation 7(a); and any person who contravenes or fails to comply with this paragraph commits an offence against these Regulations:

Punishment on summary conviction: a fine of $84.

Not to practise if suspended

9 A dental hygienist who has been suspended from practice under regulation 8 shall not, during the period of any suspension, practise as a dental hygienist.

Voluntary de-registration

10 Any dental hygienist may apply to the Board to have his name removed from the register; and upon receiving any such application the
Board shall cause his name to be removed accordingly.

Restoration of name to register

11 (1) Where—

(a) the name of a dental hygienist has been struck off the register under regulation 8 or removed from the register under regulation 10; or

(b) a dental hygienist has been suspended from practice under regulation 8,

the person concerned, at any time after the expiration of three months from the date of the striking off, removal or suspension, as the case may be, shall be entitled to apply from time to time to the Board for his name to be restored to the register or for the suspension to be terminated.

(2) Upon any such application as aforesaid the Board, having regard, as in the circumstances may be material, to the character of the person concerned, to his conduct subsequent to the striking off or re moval of his name from the register or subsequent to his suspension, to the nature of the matter in respect of which the striking off, removal or suspension occurred, to his professional ability and to the other circum stances of the case—

(a) may order that his name be restored to the register, or, as the case may be, that the suspension be terminated; or

(b) may make no order in the matter.

(3) In connection with any order made under paragraph (2) the Board may declare it to be a condition of the restoration of the name to the register or of the termination of the suspension from practice that the person concerned shall pass a fresh qualifying examination as though he were, for the purposes of regulation 5, a duly eligible applicant for regis tration.

(4) The Board shall in every case inform the person concerned of their decision under paragraph (2) and shall take such steps—

(a) to make such entries, deletions or otherwise in the reg ister; and

(b) to forward a new licence to the person concerned, as in the circumstances may be necessary to give effect to their decision.

Appeals

12 Where a person is aggrieved by any decision of the Board in re spect of which an appeal is allowed under these Regulations, he may, within seven days of receiving a notice communicating that decision to him (which notice shall set out the procedure for entering an appeal un der this regulation) appeal to the Governor by notice in writing addressed to the Secretary to the Cabinet; and the Governor shall determine any such appeal, and may make such order as appears to him just; and the Board shall govern themselves accordingly:

Provided that—

(a) where a dental hygienist, who has been suspended from practice, appeals to the Governor, such suspension, un less earlier terminated by notice of the Board, shall re main in force pending the determination of the appeal; and

(b) where a person, whose name has been ordered to be struck off the register, appeals to the Governor, he shall be deemed for the purposes of these Regulations and of the Act to be suspended from practice pending the de termination of the appeal.

What a dental hygienist may do

13 (1) Without prejudice to anything in the Act or in regulation 14, a dental hygienist shall, as respects his practice as a dental hygienist be permitted to carry out the following preliminary or ancillary processes of dental or oral hygiene or minor treatment in connection with dentistry, that is to say—

(a) the examination of teeth and gums for the purpose of informing the registered dental practitioner by whom he is employed of' their apparent condition;

(b) the removal of tartar, deposits, accretions and stains from those part of the surfaces of the teeth which are exposed or which are directly beneath the free margins of the gums;

(c) the treatment of the oral conditions known as Vincent's Angina or Trench Mouth in such manner and to such extent as may from time to time be required or allowed by the registered dental practitioner by whom he is em ployed;

(d) the taking of preliminary measures for the relief of pain or discomfort occurring in the teeth or gums;

(e) the taking and developing of X-ray exposures of the teeth and jaws;

(f) the assistance generally of the registered dental practi tioner by whom he is employed when the dental practi tioner is practising dentistry upon a patient;

(g) the sterilization and preparation of instruments.

(2) A dental hygienist is not permitted—

(a) to extract teeth;

(b) to use any instruments in the mouth other than those necessary for carrying out the treatments or processes specified in paragraph (1) ;

(c) to administer any drugs, medications or applications other than those required or permitted by the registered dental practitioner by whom he is employed.

Permission to carry out additional processes

14 Notwithstanding anything in paragraph 13(1), but without prej udice to anything in paragraph 13(2), where the Board are unanimously satisfied that a dental hygienist is qualified to carry out any preliminary or ancillary process of dental or oral hygiene or minor treatment (being a process other than a process specified in paragraph 13(1)) the Board may endorse on the licence issued to the dental hygienist under regulation 7 a note of the process in question, and shall cause the appropriate partic ulars to be entered in respect of the dental hygienist in the register; and any dental hygienist whose licence has been so endorsed may perform the dental process described in the endorsement.

Service of documents

15 An application, notice or other document which is required or authorised under these Regulations to be made or given to, or served on, any person may be made, given or served—

(a) by delivering it to that person; or

(b) in the case of the Board, by leaving it or sending it in a prepaid letter addressed to the Chairman of the Board at the Department of Health; or

(c) in the case of any other person, by leaving it or by sending it in a prepaid letter addressed to him, at his usual or last known residence.

SCHEDULE
Forms

FORM A
Application to be Licensed and Registered as a Dental Hygienist

A - Application

I hereby make application to be licensed and to have my name entered in the register of dental hygienists maintained by the Bermuda Dental Board under the Dental Hygienists Regulations 1950, and I do hereby declare that, to the best of my information and belief, the particulars hereunder are true.

Dated this [blank] day of [blank] 19 [blank]

[blank]
Signature of applicant

B - Particulars to be furnished by Applicant

1 Surname

2 Full Christian names

3 Address

4 Age

5 Nationality

6 Professional diplomas or other qualifications (with dates of grant)

7 Appointments (hospital, teaching, governmental, military, etc.) at present held

8 Particulars (if any) of any suspension from practice or other dis ciplinary action taken by any medical or dental authority

FORM B
Licence to Practise as a Dental Hygienist

The Bermuda Dental Board hereby licences [blank] of [blank] to practise as a dental hygienist subject to, and in accordance with, the Dental Practitioners Act, 1950 and the Dental Hygienists Regulations 1950.

Dated this [blank] day of [blank] 19 [blank].

[blank]
Chairman
Bermuda Dental Board

Endorsements (if any) of additional processes permitted to be carried out.

1 [blank]

2 [blank]

Dated this [blank] day of [blank] 19 [blank].

[blank]
Chairman
Bermuda Dental Board

[Amended by
1970 : 390
1972 : 3]

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Bermuda Consolidated Legislation

Dental Hygienists Regulations 1950