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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1104/96

Denturists Regulations
under the
Denturists Act
(O.C. 96-941)

Under the authority of section 14 of the Denturists Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Denturists Regulations .

2/93 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Denturists Act ;

             (b)  "apprentice" means a person

                      (i)  who has received a 2 year diploma,

                     (ii)  who has entered into an internship agreement, and

                    (iii)  who shall have paid the annual apprenticeship fee as established by the board;

             (c)  "in good standing" means a denturist

                      (i)  who is not in default of fees prescribed by the board,

                     (ii)  who has not had his or her licence suspended under section 10 of the Act,

                    (iii)  who is not in default of payment of a monetary penalty imposed under section 10 of the Act,

                    (iv)  who holds a valid and subsisting licence to practise denture technology issued under the Act, and

                     (v)  is a member in good standing of the Denturist Association of Newfoundland and Labrador ;

             (d)  "internship agreement" means an agreement between a supervising denturist and an apprentice in a form approved by the board;

             (e)  "one year apprenticeship" means a 12 month continuous period during which an apprentice and a supervising denturist fulfil the terms of an internship agreement;

              (f)  "supervising denturist" means a denturist licensed under these regulations who enters into an internship agreement with an apprentice;

             (g)  "2 year diploma" means a degree or diploma certifying successful completion of a course of studies in denture technology from a school of denturism recognized by the board which is ordinarily completed in 2 years, whether or not a particular graduate of that course of studies completed the course of studies in 2 years; and

             (h)  "3 year diploma" means a degree or diploma certifying successful completion of a course of studies in denture technology from a school of denturism recognized by the board which is ordinarily completed in 3 years, whether or not a particular graduate of that course of studies completed the course of studies in 3 years.

2/93 s2; 85/96 s1

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Licences

        3. (1) The board shall issue a licence to practise as a denturist to a person who has

             (a)  successfully completed the examinations set by the board under section 8 of the Act and who has paid the examination fee established by the board;

             (b)  submitted an application to the board in the form provided by the registrar;

             (c)  paid the licence fees prescribed by the board; and

             (d)  provided to the board evidence that the person is a member in good standing of the Denturists Association of Newfoundland and Labrador .

             (2)  The board shall issue a licence to practise as a denturist to a person who has complied with the requirements of subsection (1) and

             (a)  has received a 3 year diploma;

             (b)  has, immediately before the application for a licence,

                      (i)  held a valid and subsisting licence to practise as a denturist in another jurisdiction,

                     (ii)  been in continuous practice as a denturist in that other jurisdiction for one or more years, and

                    (iii)  acquired those qualifications, skills and ability to practise denture technology which are, in the opinion of the board, equal to the qualifications, skills and abilities acquired by persons referred to in paragraphs (a) and (c); or

             (c)  has received a 2 year diploma, and completed a one year apprenticeship.

             (3)  A person who applies for a licence to practise as a denturist and has complied with paragraph (2)(c)

             (a)  may complete the written theory portion of the examination referred to in paragraph (1)(a) before beginning the one year apprenticeship, but subsequent to receiving a 2 year diploma;

             (b)  shall during the one year apprenticeship perform practical functions set out in guidelines established by the board;

             (c)  shall not perform intra-oral procedures, except under the direct supervision and in the presence of the supervising denturist;

             (d)  shall complete the one year apprenticeship without interruption unless otherwise approved by the board.

             (4)  Where a person has successfully completed a one year apprenticeship, the supervising denturist shall complete and provide to the board a Certificate of Supervising Denturist.

             (5)  A denturist who takes a leave of absence from his or her practice may return with no penalty if his or her licence has been renewed each year, providing the leave does not exceed a period of more than 3 continuous years.

             (6)  If the leave of absence referred to in subsection (5) is for medical purposes, the licence fee will be reviewed on a quarterly basis and the board may waive the requirement for payment of the annual licence fee or a portion of it in circumstances where it considers a waiver to be reasonable.

2/93 s3; 85/96 s2

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Examinations

        4. The board shall prescribe examinations in compliance with section 8 of the Act which examinations may evaluate the knowledge of each candidate in the following areas:

             (a)  the theoretical basis of denture technology including

                      (i)  anatomy of oral structures both gross and fine together with edentulous landmarks,

                     (ii)  hygiene, including microbiology, sterilization and disinfection,

                    (iii)  properties and terminology of dental materials, and

                    (iv)  oral pathology and oral medicine; and

             (b)  the practical aspect of denture technology including

                      (i)  making initial, intermediate and final impressions,

                     (ii)  keeping records of the relationships between upper and lower jaws, bite registrations and protrusions,

                    (iii)  selecting appropriate mould and matching of tooth shades between the dentures and the natural teeth of the patient,

                    (iv)  checking the centric relationship inter-occlusal records and the fit and aesthetics of the denture,

                     (v)  making casts, acrylic trays and trial and occlusion rims,

                    (vi)  mounting casts on articulators, setting teeth in balanced occlusion, remounting teeth and casts to new centric relationships where required,

                   (vii)  adjusting condylar guides and incisal guides where necessary,

                  (viii)  waxing up, and

                    (ix)  using correct and appropriate hygienic techniques.

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Continuing education

        5. All licensees shall participate in the programs of continuing education.

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Supervising denturist

        6. A supervising denturist shall not enter into more than 2 concurrent internship agreements.

85/96 s3

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Renewal of licences

        7. (1) All licences issued under section 3 shall expire automatically on December 31 each year.

             (2)  Upon expiry of a licence, a denturist shall have the right to have the licence renewed when the following conditions have been met:

             (a)  the applicant is in good standing with the board and is a member in good standing of the Denturists Association of Newfoundland and Labrador ;

             (b)  the applicant shall have paid by November 30 before the expiry of his or her licence the annual licence renewal fee as determined by the board and a renewal fee not paid by this date will occasion a daily penalty as prescribed by the board until paid;

             (c)  the applicant shall have submitted to the board a certificate of successful completion of a period of at least 30 hours of continuing education as established by the board under section 5, which program of continuing education shall have been conducted and completed in the 3 years immediately before the licence renewal period.

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List of licensees

        8. (1) The registrar shall maintain a current list containing the names and addresses of all licensees called the "list".

             (2)  The registrar shall cause the list to be published in the Gazette before February 15 each year and the list shall contain the details of conditions or limitations imposed upon a licence holder by the board under paragraph 10(1)(d) of the Act.

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Disciplinary proceedings

        9. (1) Where the board has received a written complaint alleging that a denturist has misconducted himself or herself or might, by his or her continuation in practice as a denturist, constitute a danger to the public or that his or her continuation in practice as a denturist is against the public interest, the registrar shall cause a preliminary investigation to be made.

             (2)  The results of that investigation made under subsection (1) shall be presented to the board in writing.

             (3)  A written report of an investigation under subsection (1) shall not be submitted to the board by the registrar unless the licensed denturist has been provided with a copy of the complaint and has been given at least 14 days to respond to the complaint.

             (4)  After receipt and review of the written report, the board may

             (a)  dismiss the complaint;

             (b)  determine that further investigation of the complaint is warranted and order that the investigation be conducted; or

             (c)  cause a hearing of the complaint to be heard before the board.

2/93 s9

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Professional misconduct

     10. (1) For the purposes of section 10 of the Act, misconduct of denturists includes

             (a)  contravening the provisions of the Act or the regulations;

             (b)  failure to abide by the terms, conditions or limitations of his or her licence;

             (c)  failure to maintain adequate patient records;

             (d)  performing services outside of the lawful scope of practice;

             (e)  failure to make a referral as required by section 22 of the Act;

              (f)  signing or issuing a certificate, report or other document which contains a statement which the licensee knows or ought to know is false, misleading or otherwise improper;

             (g)  signing or issuing a certificate, report or similar document intended or required to be delivered to a patient, the board or a committee of the board or to any third party making payment on behalf of the patient which, to the knowledge of the denturist signing or issuing the same, omits material facts or information or contains misinformation;

             (h)  knowingly submitted a false or misleading account or a false or misleading charge for services rendered to a patient or a third party responsible for payment of that charge or account;

              (i)  failing to provide to the patient services contracted for between the patient and the licensee where that failure constitutes a breach of contract by the licensee;

              (j)  refusing to permit a representative of the board to inspect the licensee's professional premises, records and equipment where the attempt to so inspect was at a reasonable time and with reasonable notice;

             (k)  providing, making available or administering to a patient non-prescription drugs, medications or anaesthetics;

              (l)  cutting or grinding a natural tooth or restoration of a natural tooth or cutting or grinding a covering of a natural tooth except when grinding or cutting a mouthguard to fit for non-therapeutic purposes;

            (m)  providing professional information regarding a patient to a third party without the actual consent of the patient, except where required to do so by law;

             (n)  practising denture technology while under the influence of alcohol or other drugs or when affected by a health condition which the licensee knows or ought to know will affect his or her ability to provide adequate services or which place the patient's health or life at risk;

             (o)  improper conduct with or harassing of a patient, including

                      (i)  sexual impropriety with a patient, and

                     (ii)  abuse of a patient either physically or verbally or both;

             (p)  utilizing a student's skills in treatment of a patient where the student, by reason of lack of education, training or qualifications, should not be so employed;

             (q)  submitting of accounts or charges to a patient or third party responsible for payment of them for services rendered by a student where those services have not been directly supervised by the licensee;

              (r)  procuring a licence to practise by means of fraud or misrepresentation;

             (s)  having an interest, direct or indirect, in a commercial dental laboratory;

              (t)  failing to supervise the manufacture or fabrication of all prosthetic dentures on the licensee's professional premises;

             (u)  performing an act in relation to the practice of denture technology which would be regarded, having regard to all the circumstances, as disgraceful, dishonourable or unprofessional conduct;

             (v)  using, without reasonable payment, any premises or equipment provided by a third party who stands to gain financially from the prescription of denture technology, materials, equipment or services by the licensee to the patient; or

            (w)  sharing fees with a person who refers a patient to the licensee or receiving from a person to whom the licensee has referred a patient any fee or engaging in any forms of fee sharing, rebates, payments, gifts or other direct or indirect remuneration with respect to patient referrals.

             (2)  Paragraph (1)(m) shall not apply to professional information concerning a patient released by a denturist to a third party where the patient actually authorized the release of the information because of the conditions of payment of a credit card, health plan, government agency or other third party.

             (3)  Paragraph (1)(t) shall not apply to the use by the licensee of pre-manufactured parts, including metallic casings for complete dentures manufactured elsewhere.

2/93 s10

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Complaint

     11. A complaint against a denturist shall be in writing and shall be signed by the complainant and shall in the first instance be referred to the registrar.

2/93 s11

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Notice of inquiry

     12. A licensee shall be entitled to notice in writing of an inquiry at least 14 days before the inquiry and the notice shall provide full particulars of the complaint and shall be served upon the licensee by personal service.

2/93 s12

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Written report

     13. Following the inquiry, the board shall prepare a written report of its decision together with the reasons for its decision and shall provide the licensee and his or her legal counsel or agent with a copy.

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Penalty for misconduct

     14. (1) Where the board has found that a person holding a licence has misconducted himself or herself, the board may impose a monetary penalty upon that person.

             (2)  The monetary penalty described in subsection (1) may be in an amount not exceeding $2,000.

2/93 s14

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Hygiene

     15. A licensee's professional premises shall contain an office and laboratory and as a minimum shall consist of the following:

             (a)  a private operating area which shall contain a dental chair, a dental light, a cuspidor with running water, a handwashing sink with hot and cold running water, a soap dispenser and a towel which dispenses single towels and proper and adequate sterilizing and sanitizing equipment;

             (b)  a laboratory area;

             (c)  a reception and waiting room or rooms; and

             (d)  a washroom in the immediate vicinity which contains a toilet and handwashing facility with hot and cold running water, a soap dispenser and a towel dispenser which dispenses single towels.

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Adequate hygienic practices

     16. All licensees and employees of the licensee, including student denturists, shall observe adequate hygienic practices including

             (a)  thorough washing of hands using soap and water following visits to the washroom;

             (b)  thorough washing of hands after completing work with one patient and before commencing work with another;

             (c)  proper care and sterilization of instruments used in the examination and treatment of patients;

             (d)  observance of a system designed to segregate unsterile instruments from sterile instruments; and

             (e)  the maintenance within the premises of a reasonable and adequate degree of general hygiene.

2/93 s16

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Patient records

     17. A licensee shall make and keep adequate records regarding the patient, including any treatment given or prosthetics fitted, together with the full financial records pertaining to each patient and each patient's records shall contain as a minimum the following:

             (a)  patient's history;

             (b)  procedures used;

             (c)  prosthetic appliances or devices provided; and

             (d)  fees and charges made to the patient or a third party responsible for the fees or charges.

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Record retention

     18. A record required under section 19 shall be retained for a period of 7 years from the making of the record except that where a patient reconsults the licensee within 7 years of that record being made, the record shall then be retained for a period of 7 years following the reconsultation.

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Advertising

     19. A person who is not a denturist currently registered under the Act may not

             (a)  hold himself or herself out as a licensee or denturist;

             (b)  state that he or she has in his or her employ a licensee or denturist whose services are available to the public; or

             (c)  use advertising which includes the motto "a denture service direct to the public", nor the logo of the Denturists Association of Newfoundland and Labrador , nor the words "licensed denturist".

2/93 s19

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Prohibition

     20. Subject to the Dental Act , a person, except a licensee, shall not use the words "denture clinic" in any sign or window advertisement.

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Size of advertisements

     21. Advertisements in a telephone directory are not to exceed one column in width and 2 inches in length.

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Expenses

     22. Members of the board shall be paid those reasonable travelling and out of pocket expenses incurred by them in carrying out their functions as members of the board as shall be approved by the chairperson and registrar.

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Repeal

      23. The Denturists Regulations, 1993, Newfoundland Regulation 2/93, are repealed.