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NEWFOUNDLAND AND LABRADOR
REGULATION 54/13

Dental Hygienists Regulations
under the
Health Professions Act

(Filed May 28, 2013)

Under the authority of section 53 of the Health Professions Act, the Newfoundland and Labrador Council of Health Professionals, with the approval of the Minister of Health and Community Services, makes the following regulations.

Dated at St. John’s , May 27, 2013.

Leona Lewis
Co-Chairperson of the Council

John Crellin
Co-Chairperson of the Council

Susan Sullivan
Minister of Health and Community Services

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Dental Hygienists Regulations .

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Definitions

        2. In these regulations

             (a)  "applicant" means a person who applies to the registration committee for registration as a dental hygienist;

             (b)  "college" means the Newfoundland and Labrador College of Dental Hygienists established under the Act;

             (c)  "continuing education" means a continuing education program developed by the college under paragraph 29(3)(b) of the Act;

             (d)  "dental hygiene" means the promotion of health and wellness and the treatment and prevention of oral disease through the provision of educational, preventative and therapeutic services;

             (e)  "dental hygienist" means a person who practices dental hygiene and is registered under these regulations;

              (f)  "dentist" means a dentist licensed to practice under the Dental Act, 2008 ;

             (g)  "general status" means the status of a member who is registered under section 5 ; 

             (h)  "member" means a member of the college;

              (i)  "non-practicing status" means the status of a member who is registered under section 6 ; and

              (j)  "registration committee" means the committee established under subsection 19(1) of the Act.

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Members register

        3. (1)  The register of health professionals maintained by the registrar shall have the following categories for the purpose of registration of members:

             (a)  general status; and

             (b)  non-practicing status.

             (2)  When a member's name has been added to the register, the registration committee shall issue a certificate of registration which shall be valid for the period of time set out on the certificate and which shall expire at the end of that period, unless renewed or extended in accordance with these regulations.

             (3)  Upon each renewal of registration, the registration committee shall issue a certificate of registration to the member.

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Registration requirements

        4. (1) An applicant shall comply with the following registration requirements:

             (a)  submission of a completed application for registration in the form set by the registration committee;

             (b)  payment of any required fees; and

             (c)  provision of the following information as requested by the registration committee:

                      (i)  proof of identity by means of a valid photo identification card issued by the province or another government or other proof of identity acceptable to the registration committee,

                     (ii)  a current Certificate of Good Conduct from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency,

                    (iii)  a current Vulnerable Sector Check from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency,

                    (iv)  a written consent for release of information,

                     (v)  a declaration stating

                            (A)  that the applicant has never been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or

                            (B)  the details of his or her conviction under the Criminal Code (Canada ), the Controlled Drugs and Substances Act (Canada ) or a similar penal statute of another country,

                    (vi)  proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice dental hygiene in the province, and

                   (vii)  proof of professional liability insurance of a type and in an amount acceptable to the council, except where an applicant is applying for registration as a member with a non-practicing status.

             (2)  In addition to the requirements of subsection (1), where an applicant is currently or was previously licensed or registered to practice dental hygiene by another licensing or registration body, the applicant shall provide a letter of good standing from that licensing or registration body which includes confirmation of whether or not the applicant is or has been the subject of investigative or disciplinary proceedings and the particulars of those investigative or disciplinary proceedings.

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General status

        5. (1) An applicant is entitled to be registered with a general status where he or she has

             (a)  complied with the requirements of section 4 ;

             (b)  provided proof of the successful completion of a program of study in dental hygiene approved by the college within the 4 years immediately preceding the application; and

             (c)  provided proof of the successful completion of a registration exam approved by the college within the 4 years immediately preceding the application.

             (2)  Notwithstanding the time periods referred to in subsection (1), where at least 4 years have elapsed between the submission of the application for registration and either the completion of a program of study referred to in paragraph (1)(b) or the completion of the registration exam referred to in paragraph (1)(c) or both, the applicant shall provide proof that he or she

             (a)  has been employed for at least 1500 hours in the practice of dental hygiene within the 4 years immediately preceding the application; or

             (b)  has completed a dental hygienist refresher course or re-entry program that is approved by the college within the 4 years immediately preceding the application.

             (3)  Notwithstanding subsections (1) and (2), an applicant who was granted a certificate to practice dental hygiene from the National Dental Hygiene Certification Board is entitled to be registered with a general status where he or she has

             (a)  complied with the requirements of section 4 ;

             (b)  provided proof of the successful completion of a program of study in dental hygiene approved by the college;

             (c)  provided proof of having been granted the certificate from the National Dental Hygiene Certification Board; and

             (d)  provided proof that he or she

                      (i)  has been employed for at least 1500 hours in the practice of dental hygiene within the 4 years immediately preceding the application; or

                     (ii)  has completed a dental hygienist refresher course or re-entry program that is approved by the college within the 4 years immediately preceding the application.

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Non-practicing status

        6. (1) An applicant is entitled to be registered as a member with a non-practicing status where he or she

             (a)  complies with the requirements of section 5 ; and

             (b)  satisfies the registration committee that he or she does not intend to maintain an active practice of dental hygiene in the province.

             (2)  A member who is registered with a non-practicing status is not required to carry professional liability insurance.

             (3)  A member who is registered with a non-practicing status shall not engage in the practice of dental hygiene.

             (4)  A non-practicing registration shall expire on the date specified in the certificate of registration.

             (5)  A member who is registered with a non-practicing status may, while that registration is in effect, make application to the registration committee to have his or her status changed to that of a member with a general status and he or she is entitled to be registered as a member with a general status where the following conditions are met:

             (a)  the member pays any required fee;

             (b)  the member provides proof of professional liability insurance of a type and in an amount acceptable to the council;

             (c)  the member satisfies the continuing education requirements of subsection 8 (1); and

             (d)  where registration as a member with a non-practicing status has been held for 12 consecutive months or longer, the member continues to meet the requirements of section 4 and the registration committee is satisfied that the applicant has the knowledge, skill and judgement necessary to be registered with a general status.

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Conditions or restrictions

        7. (1) The registration committee may attach those conditions or restrictions to a registration that the registration committee considers appropriate, including

             (a)  placing limits on the activities the member may perform; and

             (b)  setting requirements for supervision of the member which may include specifics on the form or duration of the supervision.

             (2)  A member shall comply with all conditions and restrictions that are attached to his or her registration by the registration committee.

             (3)  A member shall not perform restorative procedures or orthodontic procedures unless

             (a)  the member is authorized by the council to do so, upon proof of successful completion of training and education for the performance of the procedures;

             (b)  the authorization to perform the procedures is attached to the member's registration; and

             (c)  the member performs the procedures under the direction of a dentist.

             (4)  A member shall not administer local anesthetic by injection unless

             (a)  the member is authorized by the council to do so, upon proof of successful completion of training, education and evaluation for the administration of local anesthetic by injection; and

             (b)  the authorization to administer local anesthetic by injection is attached to the member's registration.

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Continuing education

        8. (1) A member shall participate in continuing education as directed by the council.

             (2)  Where a member who is registered with a general status does not comply with subsection (1), the registration committee may require the member

             (a)  to complete a program of continuing education within a specified period of time; or

             (b)  to undergo a period of supervised practice.

             (3)  Where a member who is registered with a non-practicing status does not comply with subsection (1), the registration committee may require the member to complete a program of continuing education within a specified period of time.

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Registration renewal

        9. (1) The registration committee shall advise each member who is registered with a general status or a non-practicing status of the expiry date of his or her registration and the renewal date applicable to that registration at the time of the initial registration and upon each renewal of that registration.

             (2)  An application to renew a member's registration shall be made before the expiry date of the member's registration and as directed by the registration committee.

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Renewal requirements

      10. (1) A member who is registered with a general status or a non-practicing status is entitled, on application to the registration committee, to have his or her registration renewed under section 9 where that member

             (a)  provides a written consent for release of information as requested by the registration committee;

             (b)  pays the required fees and, except in the case of a member applying for renewal of a non-practicing status, provides proof of professional liability insurance of a type and in an amount acceptable to the registration committee;

             (c)  provides proof that he or she

                      (i)  has successfully completed a program of study in dental hygiene approved by the college within the 4 years immediately preceding the application,

                     (ii)  has been employed for at least 1500 hours in the practice of dental hygiene within the 4 years immediately preceding the application, or

                    (iii)  has completed a dental hygienist refresher course or re-entry program that is approved by the college within the 4 years immediately preceding the application;

             (d)  provides evidence of his or her participation in or completion of continuing education programs and professional development requirements as directed by the council; and

             (e)  provides a declaration stating

                      (i)  that, within the past year, the member has not been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or

                     (ii)  the details of his or her conviction, within the past year, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country.

             (2)  In addition to the requirements of subsection (1), where the member was, within the 12 months immediately preceding the application for renewal of registration, licensed or registered to practice dental hygiene in another jurisdiction, the member shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the member is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings.

             (3)  In addition to the requirements of subsection (1), where a member who is registered with a non-practicing status applies to have his or her registration renewed as a member with a general status, he or she shall satisfy the requirements of subsection 6 (5).

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Failure to renew registration

      11. Where a member registered with a general status or a non-practicing status fails to renew his or her registration on or before the expiry date, his or her registration shall expire and the member's name shall be removed from the register.

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Registration after expiry

      12. A member who allows his or her registration to expire and whose name has been removed from the register under section 11 shall, for the purpose of a subsequent registration, meet the requirements imposed on a new applicant and comply with the applicable requirements of these regulations and with any conditions or restrictions attached to the registration by the registration committee under section 7 .

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Designated titles

      13. (1) Only a member who is registered with a general status shall be entitled to use the title "Registered Dental Hygienist" or "Dental Hygienist" or an associated derivation or abbreviation.

             (2)  Notwithstanding subsection (1), a member who is registered with a non-practicing status shall be entitled to use the title "Registered Dental Hygienist" or "Dental Hygienist" or an associated derivation or abbreviation and shall indicate in the title that he or she is non-practicing.

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Notification of changes

      14. A member shall notify the council immediately of a change in his or her

             (a)  mailing address; or

             (b)  employer.

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Commencement

      15. These regulations come into force on the day the Health Professions Act comes into force with respect to the designated health profession of dental hygienists. (In force - Jun. 1/13)