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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1013/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1013/96

Dental Auxiliaries' Regulations
under the
Dental Act

Under the authority of section 21 of the Dental Act and the Subordinate Legislation and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Special circumstances

              PART I
REGISTRATION

        4.   Dental hygienists

        5.   Dental technicians

        6.   Classification

        7.   Level II dental assistants

        8.   Renewal of licence

              PART II
ADMINISTRATION

        9.   Register

      10.   Registration certificate

      11.   Fees

      12.   Payment of fees

      13.   Registration fees

      14.   Annual licensing fees

              PART III
SERVICES

      15.   Dental hygienists

      16.   Additional services

      17.   Supervised dental hygienists

      18.   Advanced training

      19.   Prohibition

      20.   Dental technicians

      21.   Level II dental assistants

              PART IV
PROFESSIONAL
MISCONDUCT
AND
DISCIPLINE

      22.   Professional misconduct

      23.   Professional ethics

      24.   Disciplinary hearings

      25.   Disciplinary action

      26.   Good standing

      27.   Display of registration

              PART IV
REPEAL

      28.   Repeal


Short title

        1. These regulations may be cited as the Dental Auxiliaries' Regulations.

70/95 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Dental Act;

             (b)  "board" means the Newfoundland Dental Board;

             (c)  "dental auxiliary" means a dental hygienist, dental technician or Level II dental assistant

                      (i)  who has passed an examination approved by the Board for Auxiliaries, or otherwise met all of the qualifications necessary for registration and licensing or certification required under these regulations,

                     (ii)  who is engaged directly or indirectly by a dentist licensed to practise in the province, and

                    (iii)  who, by direct supervision, or, in the case of a dental technician by written order, aids in the delivery of dental services approved by the board; and

             (d)  "direct supervision" means a practitioner licensed under the Dental Act is physically present within the office premises while a dental auxiliary is providing services permitted by these regulations.

70/95 s2

Special circumstances

        3. (1) Notwithstanding section 2, the board may under special circumstances license dental therapists as dental auxiliaries to practise in the province in locations where no reasonable possibility exists for the provision of dental health services by a person licensed under the Act, other than a dental therapist.

             (2)  The approval for licensing of a dental therapist as provided for in subsection (1) shall be granted by the board on a case by case basis and under the location, conditions and terms offered by the board and accepted by the dental therapist.

             (3)  For the purposes of subsections (1) and (2), a dental therapist shall be a graduate in good standing of a school of dental therapy approved by the board.

70/95 s2

PART I
REGISTRATION

Dental hygienists

        4. An applicant applying to be registered as a dental hygienist shall

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

             (b)  pay the fees prescribed by the board by these regulations;

             (c)  have successfully completed the final examination of a school of dental hygiene accepted by the Commission on Dental Accreditation of the Canadian Dental Association or other school of dental hygiene that may be approved by the board;

             (d)  provide proof of current membership in good standing in the Newfoundland Dental Hygienists' Association; and

             (e)  comply with other requirements that the board may consider appropriate.

70/95 s3

Dental technicians

        5. An applicant applying to be registered as a dental technician shall

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

             (b)  pay the fees prescribed by the board by these regulations;

             (c)  provide satisfactory proof of practice of general dental laboratory technology, under the supervision of a registered dental technician in a laboratory recognized by the board, for a period of not less than 4 years immediately preceding the application for registration, or provide proof acceptable to the board in its discretion of an equivalent level of competence and training;

             (d)  have successfully completed a high school education or equivalent; and

             (e)  comply with other requirements that the board may consider appropriate.

70/95 s4

Classification

        6. Registered dental technicians who have worked for an additional 2 years dealing with the terminology, design and manufacture of the enumerated specialized products may, with the approval of the board, be classified as a

             (a)  prosthetic technician;

             (b)  chrome‑cobalt technician;

             (c)  orthodontic technician;

             (d)  crown and bridge technician; or

             (e)  ceramic technician.

70/95 s5

Level II dental assistants

        7. (1) An applicant applying for registration as a dental assistant shall

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

             (b)  pay the fees prescribed by the board by these regulations; and

             (c)  show proof of graduation from a full‑time dental assistants' training program, which is

                      (i)  recognized by the Newfoundland Dental Board,

                     (ii)  fully accredited by the Canadian Dental Association and meeting the Level II national standard as set by the Commission on Dental Accreditation of Canada or a successor organization, and

                    (iii)  providing an accredited program with the necessary training in the intra‑oral duties set out in subsection 21(3).

             (2)  The training program referred to in subsection (1) shall be of at least one year academic duration, and shall involve both didactic and clinical components.

             (3)  In the event that the applicant graduated from the training program more than 3 years before the application, and has not practised as a licensed Level II dental assistant during that period, the applicant may be required to pass examinations, complete an upgrading program, or both, as required by the board.

70/95 s6

Renewal of licence

        8. A registered dental auxiliary shall have a licence renewed upon

             (a)  payment of the renewal fee prescribed by the board;

             (b)  proof that the auxiliary is in good standing with the board as defined in section 26;

             (c)  in the case of a dental hygienist whose licence has not been renewed for 3 years or who has not practised for the same period, successful completion of an upgrading course which includes clinical and didactic content as prescribed by the board;

             (d)  in the case of a dental hygienist, proof of current membership in good standing in the Newfoundland Dental Hygienists' Association; and

             (e)  in the case of a Level II dental assistant whose licence has not been renewed for 3 years or who has not practised for the same period, successful completion of an examination, an upgrading program, or both, as required by the board.

70/95 s7

PART II
ADMINISTRATION

Register

        9. (1) A book or series of books, collectively to be known as the Auxiliaries' Register, shall be kept by the registrar.

             (2)  Each class of dental auxiliary shall be listed separately and shall contain the following information:

             (a)  registration number;

             (b)  date of registration;

             (c)  name in full;

             (d)  date of birth;

             (e)  residential address;

              (f)  address of employer or place of business;

             (g)  qualification;

             (h)  school of training;

              (i)  date of graduation;

              (j)  date of retirement from register; and

             (k)  record of disciplinary procedures.

70/95 s8

Registration certificate

     10. Dental auxiliaries shall be issued a certificate of registration and an annual licence on a form approved by the board.

70/95 s9

Fees

     11. (1) Annual fees are due before November 30 and fees not paid by this date shall carry an additional surcharge of $20.

             (2)  There is a daily penalty for fees not paid by December 31 of $20 to a total of $200, following which the licence shall be cancelled.

             (3)  Subsequent relicensing shall depend upon full payment of all past due fees and accumulated penalties.

70/95 s10

Payment of fees

     12. (1) The registrar of the board shall mail to each dental auxiliary a notice and fee payment form at least 30 days before the due date for payment of annual fees.

             (2)  The registrar shall issue a receipt to each dental auxiliary upon receipt of the auxiliaries' completed annual fee payment form and annual fee.

70/95 s11

Registration fees

     13. (1) Registration fees shall be as follows:

             (a)  hygienist ‑ $25;

             (b)  dental technician ‑ $10;

             (c)  dental therapist ‑ $100; and

             (d)  Level II dental assistant ‑ $65.

             (2)  All registration fees are payable before entry of the name of the dental auxiliary in the register.

70/95 s12

Annual licensing fees

     14. Annual licensing fees shall be as follows:

             (a)  dental hygienist ‑ $125;

             (b)  dental technician ‑ $25;

             (c)  dental therapist ‑ $200; and

             (d)  Level II dental assistant ‑ $85.

70/95 s13

PART III
SERVICES

Dental hygienists

     15. A dental hygienist who is registered and licensed by the board may

             (a)  conduct a preliminary examination of the oral cavity and surrounding structures including the taking of a case history, periodontal examination and recording of clinical findings;

             (b)  perform a complete prophylaxis, scaling, root planing and polishing of fillings;

             (c)  provide a topical application of anti‑cariogenic agents, and other materials designed to assist in the prevention of caries;

             (d)  make impressions for study models;

             (e)  assist a patient in the maintenance of oral hygiene;

              (f)  apply and remove periodontal dressings;

             (g)  take dental radiographs;

             (h)  counsel, instruct and demonstrate for maintenance or improvement of dental health;

              (i)  apply pit and fissure sealants, desensitizing solutions and topical medicaments;

              (j)  plan, conduct and evaluate patient and community dental health;

             (k)  conduct screenings and compile statistics for epidemiological purposes;

              (l)  administer first aid;

            (m)  retract gingivae for impression taking; and

             (n)  perform other duties with recognized advanced training and approval by the board.

70/95 s14

Additional services

     16. In addition to the services outlined above, dental hygienists who have provided the board with satisfactory documentation that they have been trained in restorative duties and who have been approved in writing by the board, may perform the following additional services:

             (a)  placement, finishing and polishing amalgam, silicate and resin restorations;

             (b)  placement and removal of matrix bands;

             (c)  placement of cavity liners in a tooth where the pulp has not been exposed;

             (d)  cementation of temporary crowns previously fitted by a dentist;

             (e)  placing of temporary fillings; and

              (f)  placing and removing rubber dam.

70/95 s15

Supervised dental hygienists

     17. A dental hygienist working with and under the supervision of a certified orthodontist may

             (a)  place and remove separators;

             (b)  fit orthodontic bands before cementation;

             (c)  cement orthodontic bands;

             (d)  remove orthodontic attachments;

             (e)  remove excess cement following cementation of orthodontic bands;

              (f)  place bonded orthodontic brackets;

             (g)  make orthodontic impressions;

             (h)  tie in prepared orthodontic arch wires; and

              (i)  give oral hygiene, appliance‑care and appliance‑placement instructions.

70/95 s16

Advanced training

     18. A dental hygienist with advanced training in orthodontics received at a university, or equivalent, approved by the board, and who is working under the direction and supervision of a licensed dental general practitioner may

             (a)  place and remove separators;

             (b)  cement orthodontic bands that have been pre‑fitted by the general practitioner;

             (c)  remove orthodontic attachments;

             (d)  remove excess cement following cementation of orthodontic bands;

             (e)  make orthodontic impressions;

              (f)  tie in prepared orthodontic arch wires; and

             (g)  give oral hygiene, appliance care and appliance‑placement instruction.

70/95 s17

Prohibition

     19. Except as listed for dental hygienists with advanced training, a dental hygienist shall not

             (a)  perform a treatment or procedure of an irreversible nature;

             (b)  cut tissue;

             (c)  engage in diagnosis;

             (d)  engage in treatment planning; or

             (e)  administer drugs.

70/95 s18

Dental technicians

     20. A dental technician working with and under a prescription and related designs, impressions or casts furnished by a licensed dentist for the case prescribed may make, produce, reproduce, construct, furnish, supply, alter or repair a prosthetic denture, bridge, appliance or thing to be used in, upon or in connection with a human tooth, jaw or associated structure or tissue.

70/95 s19

Level II dental assistants

     21. (1) Nothing contained in these regulations shall be construed as prohibiting Level I dental assistants or dental assistants without formal training or recognition from providing the following services outlined in the Canadian Dental Association Level I Dental Assisting Competency Profile in a manner appropriate to a professional setting:

             (a)  provide dental health education to patients;

             (b)  assist with patient care procedures;

             (c)  assist with laboratory procedures;

             (d)  assist with practice management procedures; and

             (e)  assist with clinical support procedures including

                      (i)  suctioning of the oral cavity,

                     (ii)  passing of instruments,

                    (iii)  mixing of dental materials,

                    (iv)  developing of exposed x‑ray film, and

                     (v)  pouring of study models and casts in dental stone.

             (2)  The services referred to in subsection (1) shall, unless the context otherwise permits, be provided under the direct supervision of a practitioner licensed under the Act.

             (3)  A Level II dental assistant who is registered and licensed by the board may provide the services enumerated in subsection (1) in the manner provided for in subsection (2), and may in addition, under the direct supervision of a practitioner licensed under the Act, perform the following services:

             (a)  carry out the exposure, processing and mounting of dental radiographs;

             (b)  take preliminary impressions for study casts;

             (c)  provide dental nutritional counselling;

             (d)  provide topical application of anticariogenic agents;

             (e)  take and record vital signs; and

              (f)  apply desensitizing agents.

             (4)  A dental assistant shall not

             (a)  perform a treatment or procedure of an irreversible nature;

             (b)  cut tissue;

             (c)  engage in diagnosis;

             (d)  engage in treatment planning; or

             (e)  administer drugs.

70/95 s20

PART IV
PROFESSIONAL MISCONDUCT
AND DISCIPLINE

Professional misconduct

     22. For the purpose of paragraph 21(f) of the Act, "professional misconduct" for dental auxiliaries includes, but is not limited to the following:

             (a)  contravention of a provision of the Act or the regulations under the Act;

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

             (c)  failure to maintain professional standards of conduct and competence;

             (d)  failure to maintain adequate records of treatment;

             (e)  falsifying a record of examination or treatment;

              (f)  signing a document that the auxiliary knows, or ought to know, is false, misleading or otherwise improper;

             (g)  conviction for an offence that affects the fitness of an auxiliary to assist in providing dental services;

             (h)  permitting, counselling or assisting a person who is not licensed under the Act to engage in the practice of dentistry as defined in the Act;

              (i)  engaging in the activities of a dental auxiliary in a manner except as ordered and supervised by a licensed practitioner engaged in the practice of dentistry, unless as an employee or agent of a municipal or other government, university or a hospital;

              (j)  sexual impropriety with a patient;

             (k)  abusing a patient verbally or physically;

              (l)  the displaying of signs bearing the auxiliary's name and occupation in a manner general to public view, or in a fashion that could be considered as an attraction or solicitation to the public except signs within the premises of a practitioner which indicate the room or location where the auxiliary provides service; and

            (m)  conduct or act relevant to the practice of dentistry that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional.

70/95 s21

Professional ethics

     23. (1) A dental technician shall not

             (a)  advertise himself or herself as a dental technician by written or advertisement otherwise than by

                      (i)  mail to the dental profession, or

                     (ii)  publishing in a journal or other publication exclusively devoted to dental surgery or dental technique, or both, or in a printed publication circulated exclusively among dentists or physicians or dental technicians, an announcement or card giving his or her name, qualifications, address, specialities, business hours and telephone number;

             (b)  advertise or cause to be advertised the prices or terms of payment for his or her work or products as a dental technician, except to quote or state upon a genuine request for it, the prices or terms to a legally qualified medical practitioner, person licensed under the Act or a registered dental technician;

             (c)  use in the manufacture or repair of oral prosthetic devices materials other than those prescribed by the dentist or physician for whom the work is being performed;

             (d)  directly or indirectly advertise expressly or by implication the fact that he or she

                      (i)  gives consultations,

                     (ii)  gives free service,

                    (iii)  grants premiums,

                    (iv)  grants rebates, discounts or reduction, or

                     (v)  promises the return or refunding of money paid for the service rendered by him or her as a dental technician;

             (e)  in advertising make a mention or claim with respect to the time of service or the speed with which a service is to be rendered; and

              (f)  carry on the business of dental technician otherwise than in accordance with the provisions of these regulations.

             (2)  A dental technician who violates the provisions of subsection (1) is guilty of misconduct.

             (3)  An activity or engagement by a dental technician that would jeopardize or otherwise amend the provision of the best possible treatment to a patient shall be considered as a conflict of interest and shall be subject to a decision of professional misconduct.

70/95 s22

Disciplinary hearings

     24. Dental auxiliaries shall be subject to the provisions of inquiry and disciplinary hearings as outlined in section 17 of the Dental Regulations.

70/95 s23

Disciplinary action

     25. (1) The board may revoke or suspend for the time and upon the terms and conditions that it considers proper the licence of a person who, after a hearing, it finds to be guilty of misconduct or to have been incompetent.

             (2)  A complaint, either written or supported by a report of a committee of inquiry, shall be subject to the same investigation by the board or disciplinary committee as for a practitioner, and dental auxiliaries shall be subject to the same forms of penalty as provided for practitioners.

70/95 s24

Good standing

     26. (1) A dental auxiliary is in good standing with the board where the auxiliary

             (a)  is not in default of payment of fees prescribed by these regulations;

             (b)  is not the subject of disciplinary proceedings for professional misconduct; and

             (c)  has an unsuspended current professional licence which is not subject to a term, condition or limitation other than one prescribed by the regulations.

             (2)  Dental auxiliaries shall notify the registrar of a change of address or of a change or addition of employer within 30 days of the change.

70/95 s25

Display of registration

     27. (1) For a person registered under these regulations, the registration certificate shall be displayed at the location of the premises where the registrant usually provides dental services.

             (2)  In cases of more than one location the registrar shall provide duplicate registration certificates.

70/95 s26

PART IV
REPEAL

Repeal

      28. The Dental Auxiliaries' Regulations, Newfoundland Regulation 70/95, are repealed.