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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 17/03

NEWFOUNDLAND AND LABRADOR
REGULATION 17/03

Dental Regulations (Amendment)
under the
Dental Act

(Filed February 24, 2003)

Under the authority of section 20 of the Dental Act, the Newfoundland Dental Board, with the approval of the Minister of Health and Community Services, makes the following regulation.

Dated at St. John’s, February 20, 2003.

Dr. Ramon V. Winsor
Newfoundland Dental Board

Gerald Smith
Minister of Health and Community Services

REGULATION

Analysis


        1.   Ss.2 & 3 R&S
2.     General licence
3.     Active practise status
3.1   Non practising status
3.2   Consulting
3.3   Education status

        2.   S.4 Amdt.
Provisional licence


CNLR 1103/96

        1. Sections 2 and 3 of the Dental Regulations are repealed and the following substituted:

General licence

        2. (1) An applicant for a licence to be issued under section 18 of the Act shall

             (a)  complete an application form set by the registrar;

             (b)  pay the fee set by the board;

             (c)  demonstrate reasonable fluency in the English language or knowledge of the English language that is sufficient to enable the person to practise dentistry in the province;

             (d)  provide proof of Canadian citizenship or permanent resident status in Canada;

             (e)  provide proof that is satisfactory to the registrar that there are no current proceedings against the applicant for professional misconduct and that there is no outstanding penalty or prohibition in relation to a finding against the applicant of professional misconduct;

              (f)  hold a degree in dentistry, dental surgery or dental medicine from a university in Canada or have completed the entire course of studies required for and hold a degree from a university, college or school of dentistry, dental surgery or dental medicine outside Canada recognized and approved by the board;

             (g)  provide proof that is satisfactory to the board of compliance with guidelines for mandatory continuing education that may be approved by the board, and where the applicant is licensed in another jurisdiction of compliance with similar requirements in that jurisdiction;

             (h)  provide proof that is satisfactory to the board that he or she is covered by or under a valid policy of professional malpractice insurance with a level of coverage equal to or greater that the minimum amount set by the board;

              (i)  provide proof that is satisfactory to the board

                      (i)  that he or she holds a certificate issued by the National Dental Examining Board of Canada,

                     (ii)  that he or she held a general licence issued under these regulations prior to December 31, 2002,

                    (iii)  that he or she held a provisional licence issued under these regulations prior to December 31, 2002 and has practised dentistry in this province for at least 15 years immediately prior to making an application, or

                    (iv)  of unrestricted licensure under the terms of the Mutual Recognition Agreement for General Dentistry prior to July 1, 2001; and

              (j)  provide proof that is satisfactory to the board that he or she has engaged in the practice of dentistry for a minimum of 500 hours in the 3 years preceding his or her application or otherwise satisfy the board of his or her ability to engage in the practice of dentistry.

             (2)  In assessing an applicant’s ability to engage in the practice of dentistry for the purposes of paragraph 2(1)(j), the board may require the applicant to pass examinations and complete a refresher program.

Active practise status

        3. (1) The registrar shall issue to an applicant who satisfies the requirements in section 2 an active practice general licence.

             (2)  A person who holds an active practice general licence shall display his or her certificate of registration in his or her professional office in an area where it can be readily seen by his or her patients.

Non practising status

      3.1 (1) A person who holds a licence issued under section 18 of the Act who does not wish to practise dentistry in the province for a period of time may apply to the registrar for non-practising status and may receive a refund of fees as approved by the board.

             (2)  A person with non-practising status is required to satisfy the requirements set by the board for continuing education and malpractice insurance.

             (3)  A person with non-practising status may apply to the secretary to be reinstated to active practice status and on complying with rules for reinstatement set by the board, shall be reinstated to active practice status.

Consulting

      3.2 (1) A person who is eligible for a licence under section 18 of the Act who wishes to practise as a consultant in the province may apply to the registrar for consulting status and the registrar shall grant that status subject to terms and conditions that the board may set.

             (2) A person with consulting status shall not provide services to patients or charge fees to patients and is required to satisfy the requirements set by the board for continuing education and malpractice insurance.

             (3)  The board may set a different licence fee for a person with consulting status.

Education status

      3.3 (1) A person who holds a licence issued under section 18 of the Act who wishes to pursue an advanced education program in dentistry or a related subject may apply to the registrar for education status and the registrar shall grant that status subject to terms and conditions that the board may set.

             (2)  The board may set a different licence fee for a person with education status.

 

        2. (1) Subsection 4(1) of the regulations is amended by striking out the words "or re-issuing".

             (2)  Subsection 4(1) of the regulations is also amended by adding immediately after paragraph (f) the following:

           (f.1)  evidence satisfactory to the board that the licence holder has,  or will have upon licensing, a salaried position with the government of the province or an agency of the government of the province;

             (3)  Subsection 4(2) of the regulations is repealed and the following substituted:

             (2)  A provisional licence granted after February 28, 2003 under section 19 of the Act is subject to the following terms and conditions in addition to any terms and conditions that may be specified in the licence:

             (a)  the licence shall be issued for a maximum of one year and is non-renewable;

             (b)  the licence holder shall be restricted to the practice of dentistry in a locality approved by the minister and the board;

             (c)  the licence shall only be valid while the licence holder is in a salaried position with the government of the province or an agency of the government of the province; and

             (d)  the licence holder shall be restricted in his or her scope of practice as approved by the board.