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9 1985

DENTISTS ACT, 1985

PART VII

Auxiliary Dental Workers

Creation of classes of auxiliary dental workers.

53. —(1) The Council may, with the consent of the Minister, make a scheme for establishing classes of auxiliary dental workers who may undertake such class or classes of dental work as shall be specified by the Council notwithstanding that the doing of such work would constitute the practice of dentistry within the meaning of this Act.

(2) A scheme made by the Council under subsection (1) of this section shall—

(a) determine the training and qualifications necessary to become a member of such class;

(b) determine the nature of the dental work a member of any particular class may undertake and the conditions under which such work may be undertaken;

(c) establish a register in respect of each class so established and provide for the entry in, or removal from, such register of the name of an auxiliary dental worker of the class to which the register relates;

(d) specify the title which members of a particular class may use to indicate their membership of that class;

(e) determine the fee to be charged for the registration of a person or the retention of his name in any register established under paragraph (c) of this subsection.

(3) The Council may, with the consent of the Minister, revoke or amend a scheme made under subsection (1) of this section.

(4) The Council shall determine a code for the maintenance of standards of conduct among any class or classes of auxiliary dental workers established under subsection (1) of this section.

(5) Where any person has failed to pay any retention fee determined by the Council under subsection (2) (e) of this section, the Council may decide that the registration of the name of such person in the register shall not have effect until the fee has been paid.

(6) The Council shall not make a decision under subsection (5) of this section unless the Council has not less than two months previously by notice in writing sent by pre-paid post to the person, at his address as stated in any register maintained by the Council under this section, requested payment of the fee on more than one occasion.

(7) Any member of a class of auxiliary dental workers established under a scheme made under this section who—

(a) uses a title which he is not authorised to use under the provisions of a scheme made under this section, or

(b) uses a title or description which is reasonably calculated to suggest that he possesses some status or qualification connected with dentistry other than one which he in fact possesses, or

(c) not being a member of a class of auxiliary dental workers established under a scheme made by the Council under subsection (1) of this section, undertakes or represents or holds himself out, whether directly or by implication, as undertaking or being willing to undertake, dental work which that class of auxiliary dental workers may undertake,

shall be guilty of an offence.

(8) A person who acts in contravention of subsection (7) of this section shall be liable on summary conviction to a fine not exceeding £1,000.

Restriction on employment of auxiliary dental workers.

54. —(1) An auxiliary dental worker shall, in the performance of any dental work which the class of auxiliary dental workers of which he is a member may undertake in accordance with a scheme made by the Council under section 53 of this Act, comply with any conditions specified by the Council under subsection (2) of that section in regard to the performance of such dental work.

(2) Dental work carried out by an auxiliary dental worker in accordance with a scheme made by the Council under section 53 of this Act shall be carried out under the supervision of a registered dentist and any such dental work shall only be carried out after the registered dentist has examined the patient and has indicated to the auxiliary dental worker the course of treatment to be provided for the patient.

(3) The provisions of subsection (2) of this section shall not apply to the fitting, insertion or fixing of artificial teeth for persons of eighteen years or over, or the giving of advice to, or attendance on, such persons for such purposes by an auxiliary dental worker in accordance with a scheme made by the Council under section 53 of this Act: Provided that such work does not include any work on natural teeth or on living tissue.

Creation of classes of auxiliary dental workers by direction of Minister.

55. —(1) The Minister may, by order, in any case where he considers the establishment of a particular class of auxiliary dental worker to be desirable, direct the Council to exercise the powers vested in it under section 53 of this Act to make a scheme for the establishment of such a class and, in any case where the Minister considers it desirable, he may, by order, direct the Council to make a scheme for the establishment of a particular class for a limited period in order that the value to the public of the existence of that class may be judged and the Council shall comply with any such direction.

(2) The Minister may amend or revoke an order made under this section, including this subsection.

(3) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.