Statutes of Newfoundland 1996 Chapter 23

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Statutes of Newfoundland 1996

CHAPTER 23 CHAPTER 23

AN ACT TO AMEND THE DENTAL ACT
(Assented to December 19, 1996)

Analysis

1. S.10(1) R&S
Dental board

2. S.13 R&S
Quorum

3. S.18(1)(b.1) Added
Licence

4. S.26 Amdt.
Disciplinary action

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN1990 cD-6

1. Subsection 10(1) of the Dental Act is repealed and the following substituted:

Dental board

10. (1) The Newfoundland Dental Board is continued as a corporation, having as its members

(a) the number of registered and licensed dentists, nominated and elected by the association that ensures there are always 2 more dentists than the total of other members that may be appointed by the minister;

(b) one person appointed by the minister to represent each of the dental auxiliary groups normally defined by the board in regulations made under section 21; and

2. Section 13 of the Act is repealed and the following substituted:

Quorum

13. Five members of the board, a majority of whom shall be members referred to in paragraph 10(1)(a) and at least one of whom shall be a member referred to in paragraph 10(1)(b) or (c), constitute a quorum for a meeting of the board.

3. Subsection 18(1) of the Act is amended by adding immediately after paragraph (b) the following:

(b.1) maintains professional malpractice insurance to the amount set by the board;

4. (1) Subsection 26(4) of the Act is amended by striking out the word "or" at the end of paragraph (d) and adding immediately after that paragraph the following:

(d.1) require the practitioner to undergo the education, training or re-training that the board considers is appropriate; or

(2) Section 26 of the Act is further amended by adding immediately after subsection (4) the following:

(4.1) The board may impose one or more of the provisions of subsection (4) upon a practitioner.

(3) Section 26 of the Act is further amended by adding immediately after subsection (6) the following:

(7) The board may order a practitioner who has been found guilty of professional misconduct, malpractice or conduct unbecoming a practitioner or who the board has determined would, by continuing in the practice of dentistry or dental surgery, constitute a danger to the public or a person to pay all or a part of the expenses and costs associated with the disciplinary proceeding against the practitioner and, where ordered to do so, the practitioner shall pay those expenses and costs.

(8) The expenses and costs that the board may impose under subsection (7) are in addition to a monetary penalty that the board imposes under paragraph (4)(c).

(9) Where a practitioner was ordered to pay expenses and costs under subsection (7) and he or she fails to pay them in the time ordered, the board may suspend the licence of the practitioner until the expenses and costs are paid.

(10) In this section, practitioner includes a person formerly licensed under this Act to practice dentistry or dental surgery.