Dental Practitioners Act 1950

[31 March 1950]

[preamble and words of enactment omitted]

Interpretation

1 In this Act—

"the Board" means the Bermuda Dental Board established under this Act;

"dental hygienist" and "dental technician" have the meanings re spectively assigned to those expressions in sections 22 and 23;

"exempted dental practitioner" means a dental officer of the armed forces, a locum tenens and a visiting dental practi tioner within the meaning of section 19;

"dentistry" means the diagnosis, treatment, operating on or pre scription for any disease, pain or injury of, or the regulation of any deformity or physical condition of, the human teeth, and the overlying or underlying tissue thereof; and includes the supply, fitting, manufacture or insertion of any artificial appliance, plate or denture for the human teeth or jaws and the administration of appropriate drugs and anaesthetics in connection with any of the matters aforesaid;

"Government Dental Officer" means a dental officer in the service of the Department of Health;

"locum tenens" has the meaning assigned to it in section 21;

"the Minister" means the Minister charged with responsibility for Health;

"prescribed" means prescribed by regulations made under this Act;

"the register" means the register of dental practitioner main tained by the Permanent Secretary of the Department of Health under section 6;

"registered dental practitioner" means a dental practitioner reg istered under this Act.

Unqualified persons; offences

2 (1) Without prejudice to any other provision of this Act, a per son who is not a registered dental practitioner or an exempted dental practitioner—

(a) shall not take or use any name, title or description (whether by initials or otherwise) stating or implying that he is a registered or exempted dental practitioner;

(b) shall not—

(i) practise dentistry in Bermuda whether or not such practice is for gain; or

(ii) hold himself out as practising dentistry in Bermuda:

Provided that nothing in this section shall be construed so as to prevent—

(i) the extraction of teeth by a medical practitioner, or the performance of any surgical operation by a medical practitioner, being an operation which involves dental surgery; or

(ii) the performance in any public dental service of minor dental work by any person under the per sonal supervision of a registered dental practi tioner and in accordance with conditions ap proved by the Permanent Secretary of the De partment of Health, after consultation with the Board; or

(iii) the performance by a dental hygienist of any work as such in conformity with section 22; or

(iv) the performance by a dental technician of any work as such in conformity with section 23; or

(v) the administration of an anaesthetic by a regis tered medical practitioner in connection with dentistry.

(2) A person, whether or not a registered dental practitioner or an exempted dental practitioner, shall not take or use, or affix to or use in connection with his premises, any name, title or description (whether by initials or otherwise) reasonably calculated to suggest that he pos sesses any professional status or qualification as a dental practitioner other than a professional status or qualification which he in fact pos sesses, and which, in the case of a registered dental practitioner, is indi cated by particulars entered in the register in respect of him.

(3) Any person who contravenes any of the foregoing provisions of this section commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine.

Provided that it shall be a good defence, in respect of proceed ings brought under subsection (1)(b), to prove that the practice com plained of took place in an emergency.

Entitlement to practise dentistry

3 A registered dental practitioner or an exempted dental practi tioner shall, subject as hereinafter in this Act provided, be entitled to practise dentistry in Bermuda, and to recover in due course of law in re spect of such practice any fees and expenses, and any charges in respect of dentures, drugs or appliances arising therefrom.

Bar to recovery of fees without proof of entitlement to practise dentistry

4 A person who is not a registered dental practitioner or an ex empted dental practitioner shall not be entitled to recover in any court any fees, expenses or charges in respect of his practice of dentistry in Bermuda, unless he proves that at the time of the practice in question he was a registered dental practitioner or an exempted dental practitioner entitled to perform such practice:

Provided that nothing in this section shall apply in relation to any such dental surgery or dental work as is referred to in the proviso to section 2(1).

Bermuda Dental Board established

5 (1) For the purposes of this Act there shall be established a board of persons (hereinafter in this Act referred to as "the Board") who shall have the powers and perform the duties conferred or imposed upon them by or under this Act.

(2) The Board shall be a body corporate under the name of "The Bermuda Dental Board", with the exclusive right to use that name, and with power to sue and liability to be sued in their corporate capacity by that name in all courts, and with power to have and use a common seal and to renew or vary the same at pleasure.

(3) The Board shall consist of five members, all of whom shall be registered dental practitioners and each of whom shall be appointed by the Governor, acting on the advice of the Minister, to hold office at pleasure:

Provided that where a member of the Board is by reason of ill health, absence from Bermuda or other sufficient cause unable to per form his duties as a member of the Board, or where for any reason it ap pears to the Governor, acting on the advice of the Minister, to be unde sirable that he should perform those duties in any particular case, then the Governor, acting on the advice of the Minister, shall appoint a regis tered dental practitioner to act for that member during the period of his incapacity; and any registered dental practitioner so appointed shall while he is so acting be deemed for the purpose of this Act to be a mem ber of the Board.

(4) There shall be a Chairman of the Board, who shall, subject as hereinafter provided, be appointed annually by the Governor acting on the advice of the Minister from among the members of the Board to hold office until the thirty-first day of December of the year for which he was appointed, and who shall be eligible for re-appointment:

Provided that if at any time a person appointed to be Chairman ceases to be a member of the Board, or for any other reason ceases to hold office as such, the Governor acting on the advice of the Minister shall, as soon as may be, appoint from among the members of the Board another person to be Chairman in his stead.

(5) If at any meeting of the Board the Chairman is absent, the members present shall elect one of their number to act as chairman at that meeting.

(6) Three members of the Board shall form a quorum at any meeting.

(7) Every question or matter to be determined by the Board at any meeting shall be decided by a majority of the members present at the meeting.

(8) Without prejudice to anything in section 8 (which section relates to the scale of fees payable to members of the Board who conduct an examination under this Act), fees shall be paid to members of the Board in accordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

REGISTRATION, ETC., OF DENTAL PRACTITIONERS

Permanent Secretary of the Department of Health to keep register

6 (1) The Permanent Secretary of the Department of Health, shall cause to be kept and maintained a register of dental practitioners (hereinafter in this Act referred to as "the register") containing the names of those dental practitioners entitled to be registered under this Act, and such other particulars respecting those persons as this Act may require or as may from time to time be prescribed.

(2) The Permanent Secretary of the Department of Health, 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 evidence in all courts that the persons whose names are included therein are registered dental practitioners; and the absence of the name of any person from such list shall be prima facie evidence that that person is not a registered dental practitioner:

Provided that—

(a) in the case of any person whose name does not appear in any list, a certificate purporting to be signed by the Permanent Secretary of the Department of Health, 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 registered dental practitioner; and

(ii) of the date upon which he became a registered dental practitioner;

(b) in the case of any person whose name does appear in any such list, a certificate as aforesaid of the striking off or removal of the name of that person from the register or of his suspension from practice under section 16 and of the date of the striking off or removal or suspension, shall be prima facie evidence—

(i) that he is not a registered dental practitioner 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 registered dental practitioner, or, as the case may be, was

suspended from practice.

(3) The Permanent Secretary of the Department of Health—

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

(i) who passes an examination held in pursuance of section 8; or

(ii) whose name, having been struck off or removed from the register, is to be restored to the register in pursuance of section 17; and

(b) shall cause to be made in the register such alterations and additions relating to the particulars of registered dental practitioners as may from time to time become necessary; and

(i) who has died; or

(ii) whose name is to be removed from the register in pursuance of section 11(1); or

(iii) who has, under section 15, applied to have his name removed from the register; and

(d) shall cause to be struck off the register the name of any registered dental practitioner—

(i) whose name is to be struck off the register un der section 14; or

(ii) whose name is ordered to be summarily struck off the register under section 27; and

(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 registered dental practitioner under sections 16 and 17 respectively; and

(f) may, without prejudice to anything in the foregoing pro visions of this section, cause such notices to be pub lished in the Gazette as appear to him expedient in the circumstances.

Application for registration

7 (1) A person who applies to be registered under this Act (hereinafter in this Act referred to as an "applicant for registration") shall apply in the prescribed form to the Permanent Secretary of the Depart ment of Health, and shall forward with the application—

(a) such documents relating to professional qualifications, experience and character in support of the application as may from time to time be prescribed; and

(b) such fee as may be prescribed under the Government Fees Act 1965 [title 15 item 18]:

Provided that any person who is or is appointed to be a Govern ment Dental Officer shall not be required to forward any such fee.

(2) The Permanent Secretary of the Department of Health, shall cause the application and the accompanying documents (if any) to be transmitted to the Board, who shall, as soon as conveniently may be, meet to consider the application.

(3) 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 the next following section, appoint examiners to determine the competence of the applicant to practise dentistry.

(4) Where an applicant for registration does not appear to the Board to be a duly eligible applicant, the Board shall inform the Perma nent Secretary of the Department of Health, of their decision and the reasons therefor; and the Permanent Secretary of the Department of Health, shall in turn cause the applicant to be informed of the decision of the Board and of the reasons therefor.

(5) A person aggrieved by any decision of the Board under this section may appeal to the Governor against the decision in the manner provided in section 25.

(6) In this section the expression "duly eligible applicant" means an applicant for registration—

(a) who has satisfactorily completed such course of study and examination as the Board consider sufficient to be prima facie evidence of his competence efficiently to practise dentistry; and

(b) who is of good character; and

Qualifying examination

8 (1) Where—

(a) any applicant for registration appears to the Board to be eligible for examination by virtue of section 7; or

(b) any appeal under section 25 by an applicant registration against any decision of the Board under section 7 is al lowed by the Governor,

the Board shall as soon as may be, appoint three members of the Board (hereinafter in this Act referred to as "an examining committee") to con duct an examination of the applicant.

(2) An examining committee shall consist of three registered dental practitioners and shall, as soon as may be after appointment, conduct an examination of the applicant (hereinafter in this Act referred to as "a qualifying examination").

(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 the efficient practice of dentistry.

(4) An examining committee, subject as hereinafter provided, and having due regard to subsection (3), shall 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:

Provided that no attempt shall be made by an examining com mittee or by the Board to impose on any applicant for registration any obligation to adopt or refrain from adopting the practice of any particular theory of dentistry, as a test or condition of examining him under this section or of granting him a certificate of registration under the next fol lowing section.

(5) Every member of an examining committee meeting to ex amine an applicant for registration under this section shall be entitled to receive out of the Consolidated Fund the sum of seven dollars and twenty cents in respect of that qualifying examination, to be paid on the certificate of the Chairman of the Board.

(6) No appeal shall lie to the Governor under this Act against any determination of the Board arising out of their powers under sub section (4).

Examination result

9 (1) Where an applicant for registration passes a qualifying ex amination—

(a) the examining committee shall inform the Board, who shall transmit a notice of the result of the examination to the Permanent Secretary of the Department of Health; and

(b) the Permanent Secretary of the Department of Health—

(i) shall cause the applicant's name and profes sional qualifications to be entered in the register together with such other particulars as may from time to time be prescribed; and

(ii) shall complete and forward to the applicant a certificate of registration in the prescribed form.

(2) Where an applicant for registration fails in a qualifying ex amination, the Board shall inform the Permanent Secretary of the De partment of Health, and the applicant accordingly.

Application fees

10 (1) Where an applicant for registration, who has in pursuance of section 7(1) forwarded to the Permanent Secretary of the Department of Health the fee prescribed under the Government Fees Act 1965 [title 15 item 18], does not subsequently take a qualifying examination, there shall be returned to him by the Permanent Secretary of the Department of Health one half of that fee.

(2) Where an applicant for registration who has forwarded a fee as aforesaid subsequently takes a qualifying examination, then, whether he passes or fails in the examination, there shall not be returned to him any part of that fee.

Government Dental Officers

11 (1) Notwithstanding anything in the foregoing provisions of this Act, any person appointed to be a Government Dental Officer shall not

be required to pass a qualifying examination; and if any such person is found by the Board to be a duly eligible applicant for registration for the purposes of section 7, the Board shall inform the Permanent Secretary of the Department of Health, accordingly and the Permanent Secretary of the Department of Health, shall cause his name and qualifications to be entered in the register and shall cause a certificate of registration to be forwarded to him as though he had passed a qualifying examination; and upon the entry of his name in the register such Government Dental Offi cer shall for the purposes of this or any other Act be deemed to be a reg istered dental practitioner:

Provided that where a person who is a Government Dental Offi cer ceases to be a Government Dental Officer then—

(a) unless he has already passed a qualifying examination; or

(b) unless immediately before 11 December 1950 his name was entered in any dental register maintained under the Dental Registration Act 1911,

his name shall be removed from the register.

(2) A Government Dental Officer shall not engage in general private practice as a dental practitioner:

Provided that where a private medical or dental practitioner con sults a Government Dental Officer with respect to a patient of the private medical or dental practitioner, the Government Dental Officer may en gage in private practice to the extent involved in the consultation.

(3) Nothing in the foregoing provisions of this section shall be construed so as to prevent a Government Dental Officer from practising dentistry upon any person who is entitled, by virtue of any Act of the Parliament of the United Kingdom relating health services, or of any reg ulation, order or rule made thereunder, to receive without charge dental treatment whilst in Bermuda.

Registration of additional qualification

12 In any case—

(a) where a registered dental practitioner has, since the date of his registration under this Act, been granted any de gree, diploma or other qualification in dentistry; and

(b) where the degree, diploma or other qualification appears to the Board to deserve recognition in the register,

then in any such case the Permanent Secretary of the De partment of Health, upon application made by the reg istered dental practitioner in the prescribed form, shall without charge cause the particulars of the new qualifi cation to be entered in the register.

Professional conduct

13 (1) Where the Board become aware of any allegation of dis graceful conduct in a professional respect on the part of a registered dental practitioner they shall as soon as may be enquire into the matter and in respect of any such enquiry the succeeding provisions of this sec tion 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 registered dental practitioner every facility—

(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;

(c) the Board shall inform the Permanent Secretary of the Department of Health, of their findings and the Perma nent Secretary of the Department of Health, shall inform the registered dental practitioner accord ingly; and

(d) the registered dental practitioner shall be entitled to ap peal against any such finding to the Governor in the manner provided in section 25.

(2) Any proceedings in connection with the holding of an en quiry by the Board in pursuance of this section shall, for the purposes of the provisions of the Criminal Code [title 8 item 31] relating to perjury, be deemed to be judicial proceedings.

Striking off

14 (1) Where a registered dental practitioner—

(a) is convicted either in Bermuda or elsewhere of any of fence and as a result of that conviction is sentenced to a term of imprisonment without the option of a fine; or

(b) is found by the Board to be guilty of conduct disgraceful to him in a professional respect; or

then in any such case—

(i) it shall be the duty of the registered dental practitioner to inform the Board in the circum stances set out in paragraphs (a) or (c) ; and

(ii) it shall be the duty of the Board, if they are sat isfied as to the truth of any of the matters speci fied in paragraphs (a), (b) and (c), and after giv ing the registered dental practitioner every op portunity to make such explanation as he may wish to do, to decide as soon as may be whether the name of the dental practitioner should be struck off the register:

Provided that the name of a registered dental practitioner shall not be struck off the register on account of his adopting or refraining from adopting the practice of any particular theory of dentistry.

(2) Where the Board decide that the name of a registered dental practitioner should be struck off the register they shall so inform the Permanent Secretary of the Department of Health; and the Permanent Secretary of the Department of Health, shall cause the registered dental practitioner to be informed by written notice accordingly.

(3) A registered dental practitioner shall be entitled to appeal against any such decision of the Board to the Governor in the manner provided in section 25.

(4) The Permanent Secretary of the Department of Health, in any case where the Board decide that the name of a registered dental practitioner should be struck off the register—

(a) shall, on the tenth day after he has given notice to the registered dental practitioner in accordance with sub section (2), cause the name of the registered dental practitioner to be struck off the register, unless in the meantime an appeal has been duly entered in respect of the decision; or

(b) shall, where an appeal is duly entered, and where the appeal is subsequently dismissed by the Governor, cause the name of the registered dental practitioner to be struck from the register immediately after the deter mination of the appeal,

and in either such case the Per manent Secretary of the Department of Health—

(i) shall cause the dental practitioner to be in formed by written notice that his name has been struck off the register; and

(ii) shall by a notice given as aforesaid require the dental practitioner to return his certificate of registration within seven days after receiving the notice; and

(iii) shall cause a notification of the striking off to be made in the Gazette.

(5) Any registered dental practitioner who contravenes or fails to comply with subsection (1)(i) commits an offence against this Act:

Punishment on summary conviction: a fine of $1,680.

(6) Any person who fails to return his certificate of registration to the Permanent Secretary of the Department of Health, in accordance with any requirement duly given under subsection (4)(ii) commits an of fence against this Act:

Punishment on summary conviction: a fine of $420.

Voluntary removal

15 Any registered dental practitioner may apply to the Permanent Secretary of the Department of Health, to have his name removed from the register; and upon receiving any such application the Permanent Secretary of the Department of Health, shall cause his name to be re moved accordingly.

Suspension

16 (1) Where it appears to the Board that a registered dental practitioner—

(a) is inefficient or negligent in carrying out his professional functions; or

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

(d) has ceased for a period of not less than two years to participate actively in the practice, theory or administra tion of dentistry;

(e) has contravened the duty imposed on him by section 13A(6) of the Bermuda Hospitals Board Act 1970 (fees);[title 11 item 26]

then in any of the foregoing cases the Board, after holding an enquiry into the matter, may, if they find the matter proved, decide to suspend the registered dental practitioner from the practice of dentistry for such period as they think fit, or, where the circumstances so require, for an indefinite period.

(2) The provisions of sections 13 and 14—

(a) which relate to enquiries held by the Board; and

(b) which relate to notification of the findings and decisions of the Board; and

under the said sections 13 and 14, shall apply as nearly as may be to enquiries held by the Board under this section and to connected matters arising therefrom:

Provided that where a registered dental practitioner is suspended from practice under this section his name shall not be struck off the register and he shall not be required to return his certificate of registra tion.

(3) A dental practitioner suspended from practice under this section shall until the termination of the suspension under the next fol lowing section, be deemed for the purposes of sections 2 and 4, and for the purposes of any other Act, not to be a registered dental practitioner.

[section 16 amended by 1996:17 effective 8 July 1996]

Restoration of name

17 (1) Where—

(a) the name of a dental practitioner has been struck off the register under section 14 or summarily struck off under section 27; or

(b) the name of a dental practitioner has been removed from the register under section 15; or

the dental practitioner, 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 as the case may be, for the suspension to be terminated.

(2) Upon any such application as aforesaid the Board, having regard, as in the circumstances may be material—

(a) to the character of the dental practitioner;

(b) to his conduct subsequent to his name being struck off or subsequent to his suspension;

may decide that his name be restored to the register or, as the case may be, that the suspension be terminated.

(3) The Board, in connection with a decision made under sub section (2), may declare it to be a condition of the restoration of the name of a dental practitioner to the register, or of the termination of his sus pension from practice, that the dental practitioner shall pass a fresh qualifying examination as though he were, for the purposes of section 7, a duly eligible applicant for registration.

(4) The Board shall in every case inform the Permanent Secre tary of the Department of Health, of their decision under subsection (2) ; and the Permanent Secretary of the Department of Health, shall take such steps—

(a) to inform the dental practitioner accordingly;

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

as in the circumstances may be necessary to give effect to the decision.

(5) Where the Board do not decide that the name of a dental

practitioner may appeal to the Governor in the manner provided in section 25.

Armed forces dental officers

18 (1) A dental officer of the armed forces, during any period while he is in Bermuda, shall by virtue of his appointment, and subject as hereinafter in this section provided, have the powers and privileges con ferred by this or any other Act upon a registered dental practitioner, and shall for the purposes of this Act be an exempted dental practitioner:

Provided that for the purposes of sections 2, 3 and 4 a dental of ficer of the armed forces shall not, (except to the extent to which he may be specifically permitted to do otherwise by virtue of subsection (2), and except in case of emergency) be entitled to practise dentistry—

(a) except upon or in relation to a person who is a member of the armed forces; or

(b) except upon or in relation to a person who is employed directly by the armed forces; or

(d) where the dental officer is a dental officer of the naval, military or air forces of Her Majesty, except upon or in relation to the following persons (in addition to those persons mentioned in the foregoing paragraphs of this proviso), that is to say—

(i) a person who is a member of any cadet corps maintained in Bermuda, where such person is in annual camp or is otherwise undergoing ac tual military training;

(ii) a person who is employed by the Navy, Army and Air Force Institutes;

(iii) a person who is eligible for payment of a pension in respect of any disablement occurring as a re sult of service in the naval, military or air forces of Her Majesty, where such person is undergoing dental treatment with a view to the amelioration of the condition which gives rise to his eligibility for the payment of the pension in
question; and

(iv) a person who is entitled by virtue of any Act of the Parliament of the United Kingdom relating to health services, or of any regulation, order or rule made thereunder, to receive without charge dental treatment in Bermuda.

(2) Notwithstanding anything in subsection (1), where it ap pears to the Governor, after consultation with the Board, to be in the public interest to do so, the Governor may by permission in writing au thorize a dental officer of the armed forces to practise dentistry otherwise than as mentioned in the proviso to subsection (1) but subject to such conditions or limitations as the Governor thinks fit to impose; and the practice of dentistry by a dental officer of the armed forces in accordance with the terms of any such permission shall not be a contravention of this section.

(3) In the exercise of his powers under subsection (2) the Gov ernor shall act in his discretion.

(4) In this section—

(a) the expression "the armed forces" means any of the naval, military or air forces of Her Majesty or of the United States of America;

(b) the expression "dental officer", in relation to any of the armed forces, means a dental officer holding a commis sion therein.

Visiting dental practitioners

19 (1) Notwithstanding anything in the foregoing provisions of this Act, the Board, subject to this section, may authorize for special reasons a dental practitioner (hereinafter in this Act referred to as a "visiting dental practitioner") to practise dentistry in Bermuda for a limited period and subject to such conditions and restrictions as the Board may think fit to impose; and, subject to the terms of the authorization and to this section, any such visiting dental practitioner shall have the powers and privileges conferred by this or any other Act upon a registered dental practitioner, and shall for the purposes of this Act be an exempted dental practitioner.

(2) The following provisions shall have effect with respect to the granting to a visiting dental practitioner of an authorization to practise dentistry, that is to say—

(a) the Board shall satisfy themselves—

(i) as to the need for the authorization; and

(ii) as to the professional qualifications and general suitability of the visiting dental practitioner to satisfy that need;

(b) the authorization shall be in the prescribed form;

(c) the authorization shall not be expressed to have effect for a period longer than three months from the date of its being granted, subject to a power of the Board to ex tend the period by a further period of six weeks;

(d) the authorization shall specify the nature of the practice which is permitted;

(e) the authorization shall specify such other special condi tions or restrictions connected with the practice of den tistry in Bermuda by the visiting dental practitioner as the Board may think fit to impose.

(3) A visiting dental practitioner shall not sign any certificate required under any Act to be signed by a dental practitioner; and any such certificate purporting to be signed by a visiting dental practitioner shall be of no effect.

(4) An authorization granted under this section shall be revo cable by the Board at any time during its period of validity; and upon its revocation the authorization shall cease to be of any effect.

(5) Any person (whether or not a dental practitioner) aggrieved by a refusal of the Board to grant an authorization under this section or by the revocation by the Board of any such authorization, and any visit ing dental practitioner aggrieved by any term contained in any such au thorization, may appeal against such refusal, revocation or term, as the case may be, to the Governor in the manner provided in section 25.

Unauthorized practice by section 18 19 or 21 exempted practitioner

20 Any exempted dental practitioner who practises dentistry in Bermuda otherwise than in accordance with section 18, 19 or 21, as the case may be, commits an offence against this Act:

Punishment on summary conviction: a fine of $1,680.

Locum tenens

21 (1) Notwithstanding anything in the foregoing provisions of this Act, where it appears to the Board that any registered dental practitioner is leaving Bermuda for a substantial period of time and that it is desir able that another person should undertake his duties as a dental practi tioner for the period during which the registered dental practitioner is absent from Bermuda then the Board may, subject to this section, au thorize a qualified person (hereinafter in this Act referred to as a "locum tenens") to practise dentistry in Bermuda for the purpose of discharging those duties; and subject to the terms of the authorization and to this section, any such locum tenens shall have the powers and privileges conferred by this or any other Act upon a registered dental practitioner and shall, for the purposes of this Act, be an exempted dental practi tioner.

(2) The following provisions shall have effect with respect to the granting to a locum tenens of an authorization to practise dentistry, that is to say—

(a) the Board shall satisfy themselves—

(i) as to the need for the authorization; and

(ii) as to the professional qualifications and general suitability of the locum tenens to satisfy that need;

(b) the authorization shall be in the prescribed form,

(d) the authorization shall specify the nature and extent of the practice which is permitted;

(e) the authorization shall specify such other special condi tions or restrictions connected with the practice of den tistry in Bermuda by the locum tenens as the Board may think fit to impose.

(3) An authorization granted under this section shall be revo cable by the Board at any time during its period of validity; and upon its revocation the authorization shall cease to be of any effect.

(4) Any person aggrieved by a refusal of the Board to grant an
authorization under this section or by the revocation by the Board of any such authorization and any locum tenens aggrieved by any term con tained in any such authorization may appeal against such refusal, revo cation or term, as the case may be, to the Governor in the manner pro vided in section 25.

(5) Nothing in this section shall abridge or derogate from the Bermuda Immigration and Protection Act 1956 [title 5 item 16].

Dental hygienists

22 (1) Without prejudice to anything in the foregoing provisions of this Act, a registered dental practitioner may employ a dental hygienist as his assistant; and a dental hygienist shall be entitled to practice den tistry to the extent allowed, and subject to any requirements and condi tions prescribed or imposed, by regulations made under this Act:

Provided that any such practice shall be confined—

(a) to practise upon or in relation to a person who is a pa tient of the registered dental practitioner who employs the dental hygienist; and

(b) to practise under the effective supervision of that regis tered dental practitioner.

(2) In this section "dental hygienist" means person who is li censed, in pursuance of any regulations made under this Act, to carry out preliminary or ancillary processes of dental or oral hygiene or minor treatment in connection with dentistry.

Dental technicians

23 (1) In this section, "dental technician' means a person who is licensed, in pursuance of any regulations made under this Act, to prac tise as a dental technician.

(2) Without prejudice to anything in the foregoing provisions of this Act, a dental technician shall, as respects his practice as a dental technician, be permitted—

(a) upon prescription from a registered dental practitioner, but not otherwise, to manufacture or supply any artifi cial appliance, plate, denture or other device designed to be worn in the mouth or applied or fitted to the teeth; and

(b) in accordance with the instructions or prescription of a registered dental practitioner, but not otherwise, to make, work upon, repair or alter any artificial appliance, plate, denture or other device, or any impression or model, which has been delivered to him by such regis tered dental practitioner for return to him upon comple tion of the work in accordance with such instructions or prescription.

Board to supervise dental technicians

24 (1) The Board shall have the general supervision of dental technicians, and for this purpose a member of the Board and any person duly authorized by the Board shall have the power—

(a) at all reasonable times, to enter the premises of a dental technician;

(b) to inspect any work upon which he may then be engaged and the prescription relative thereto; and

(2) A person who obstructs any member of the Board or duly authorized person in the exercise of his powers under subsection (1) or fails to answer any question lawfully put to him commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine.

Appeals

25 Where a person is aggrieved by any decision of the Board in re spect of which an appeal is allowed under this Act, he may, within seven days of receiving any notice communicating that decision to him, 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 and the Perma nent Secretary of the Department of Health (insofar as regards their du ties under this Act) shall govern themselves accordingly.

False statements

26 Any person who, in connection with any application or other matter falling to be performed under this Act—

(a) makes any statement knowing or having reason to be lieve it to be false in a material particular; or

(b) produces any certificate, diploma or other document knowing or having reason to believe the same to be false,

without prejudice to anything in the Criminal Code [title 8 item 31], commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine.

Punishment on conviction on indictment: imprisonment for one year or a fine of $8,400 or both such imprisonment and fine.

Striking off on conviction under section 26

27 Where any person is convicted of an offence under section 26 then, if his name has already been entered in the register, it may, at the discretion of the Minister, be summarily struck off the register.

Minister may make regulations

28 (1) The Minister may make regulations for implementing and giving effect to this Act, and, without prejudice to the generality of the foregoing provisions, such regulations may provide—

(a) for prescribing the forms, notices and other documents to be used in connection with this Act;

(b) for specifying the manner in which notices shall or may be served;

(d) for prescribing professional qualifications required for dental hygienists or dental technicians, for the examina tion, licensing and registration by the Board of persons applying to practise as dental hygienists or dental tech nicians, for restricting within due limits the practice of dental hygienists or dental technicians, and for pre venting unlicensed persons from engaging in such prac tice;

(e) for prescribing any other matter or thing which by or under this Act may be or is to be prescribed.

(2) Regulations made in pursuance of subsection (1) may pro vide for the punishment of persons guilty of offences against the regula tions so, however, that any such punishment shall not exceed a fine of $420 in respect of any offence.

(3) Regulations made as aforesaid shall, before coming into op eration, be published in the Gazette.

(4) The Minister may in like manner and subject to the like conditions make or vary any regulations made under this section.

(5) The Minister, in making, revoking or varying any regula tions as aforesaid, shall have regard to any representations made by the Board in that behalf.

(6) The negative resolution procedure shall apply to regulations made under this section.

References to dental practitioners in other Acts

29 Any reference in any other Act to a dental practitioner or to a registered dental practitioner shall, unless the context otherwise re quires, be construed as a reference to a dental practitioner who is by virtue of this Act a registered or exempted dental practitioner.

Transitional

30 [omitted]

Commencement

31 [omitted]

[this Act was brought into operation on 11 December 1950 by notice published in Gazette No. 50 of 1950]

[Amended by

Bermuda Consolidated Legislation

Dental Practitioners Act 1950