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Statutes of Newfoundland and Labrador 2005


CHAPTER D-7.1

AN ACT RESPECTING DENTURISTS

(Assented to December 13, 2005)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Board continued

††††††† 4. Appointed members

††††††† 5. Meetings of the board

††††††† 6. By-laws

††††††† 7. Annual report

††††††† 8. Duties of registrar

††††††† 9. Committees

††††† 10. Fees

††††† 11. Examinations

††††† 12. Licence

††††† 13. Definitions

††††† 14. Disciplinary panel

††††† 15. Allegation

††††† 16. Effect of filing allegation

††††† 17. Complaints authorization

††††† 18. Adjudication tribunal

††††† 19. Hearing

††††† 20. Guilty plea by respondent

††††† 21. Powers of adjudication tribunal

††††† 22. Filing and publication of decisions

††††† 23. De-registration and suspension

††††† 24. Failure to comply

††††† 25. Reinstatement and readmission

††††† 26. Costs of the board

††††† 27. Collection of fine

††††† 28. Appeal to Trial Division

††††† 29. Copies of books, etc. as evidence

††††† 30. Evidence

††††† 31. Inspection

††††† 32. Regulations

††††† 33. Fees and forms

††††† 34. Offence

††††† 35. Penalty

††††† 36. Continuing offence

††††† 37. The Dental Act

††††† 38. Review of Act

††††† 39. Protection from liability

††††† 40. Referral

††††† 41. Edentulous fittings

††††† 42. Advertising

††††† 43. Membership in an association

††††† 44. Transition

††††† 45. RSNL1990 cD-7 Rep.


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

Short title

††††††† 1. This Act may be cited as the Denturists Act, 2005.

Definitions

††††††† 2. In this Act

†††††††††††† (a)"board" means the Newfoundland and Labrador Denturists Board;

†††††††††††† (b)"chairperson" means the chairperson of the board;

†††††††††††† (c)"dentist" means a person entitled to practise dentistry or dental surgery under the Dental Act;

†††††††††††† (d)"denture" means a removable, fabricated substitute, or the restoration of such a substitute, for one or more natural human teeth which is not affixed, fastened or bonded, directly or indirectly, to natural human teeth, the maxillae, the mandible, or oral tissue, in a semi-permanent or permanent manner so that a person fitted with such a substitute cannot, without the assistance of a person licensed under the Dental Act, remove and re-insert the substitute;

†††††††††††† (e)"denturist" means a person licensed under this Act to engage in the practice of denture technology;

††††††††††††† (f)"licence" means a licence issued under section 12 to engage in the practice of denture technology or an aspect of denture technology;

†††††††††††† (g)"member" means a member of the board;

†††††††††††† (h)"minister" means the minister appointed under the Executive Council Act to administer this Act;

††††††††††††† (i)"practice of denture technology" means

††††††††††††††††††††† (i)the taking of impressions or bite registrations for the purpose of the making, producing, reproducing, constructing, furnishing, supplying, altering or repairing of a denture, and

†††††††††††††††††††† (ii)the fitting of a denture,

and includes the making, producing, reproducing, constructing, furnishing, supplying, altering and repairing of a denture in respect of which a service is performed under subparagraph (i) or (ii), but does not include, the diagnosis or treatment of, and the prescribing, treating or operating for, the prevention, alleviation or correction of disease, pain, deficiency, deformity, defect, lesion, disorder or physical condition of, in or from a human tooth, associated structure or tissue or the improving or supplementing of a human tooth, or the prevention, alleviation, correction, or improvement of a condition of a human tooth, associated structure or tissue; and

††††††††††††† (j)"registrar" means the registrar of the board.

Board continued

††††††† 3. (1) The Newfoundland Denturists Board is continued under the name Newfoundland and Labrador Denturists Board as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

†††††††††††† (2)The board shall consist of

†††††††††††† (a)3 persons elected from and by denturists in accordance with the by-laws; and

†††††††††††† (b)2 persons appointed under section 4 who are not denturists.

†††††††††††† (3)A member of the board of directors of an association of denturists in the province is ineligible to be a director of the board.

†††††††††††† (4)The board shall elect from among the elected members a chairperson and a registrar for the term set by the by-laws.

†††††††††††† (5)A member of the board may be elected for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected, but shall not be a member of the board for more than 9 consecutive years.

†††††††††††† (6)An elected member may resign from the board by written notice to the board.

†††††††††††† (7)Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement to serve until the next annual general meeting.

†††††††††††† (8)Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members may be paid by the board, in accordance with the by-laws.

†††††††††††† (9)The board may pay the registrar for performing his or her duties under this Act, in accordance with the by-laws.

Appointed members

††††††† 4. (1) The minister shall appoint two members of the board who are not denturists who are suitable to represent the public interest.

†††††††††††† (2)A person appointed under subsection (1) holds office for a term of 3 years and is eligible to be re-appointed.

†††††††††††† (3)Where a person appointed under subsection (1) holds office for a period of 9 consecutive years the person is not eligible for appointment as a member of the board until the expiration of 12 months from the end of the year in which he or she was last a member of the board.

†††††††††††† (4)Where the term of office of a person appointed under this section expires, he or she continues to be a member of the board until re-appointed or replaced.

†††††††††††† (5)The board shall pay the expenses of a person appointed to the board under this section in accordance with guidelines established by the Lieutenant-Governor in Council.

†††††††††††† (6)A person appointed under subsection (1) may be removed from office by the minister before the expiration of his or her term of office and no compensation shall be paid to him or her other than an amount owing under subsection (5).

†††††††††††† (7)A person appointed under subsection (1) may resign from the board by written notice to the minister.

Meetings of the board

††††††† 5. (1) A quorum of the board is 3 members, one of whom is an appointed member.

†††††††††††† (2)Except where prohibited in the by-laws, a member of the board may, where all the members consent, participate in a meeting of the board by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

†††††††††††† (3)Where a quorum under subsection (1) exists, a majority of that number is sufficient to make a decision, and in the event of a tie the chairperson of the meeting shall cast the deciding vote.

†††††††††††† (4)In the absence of the chairperson, the members of the board in attendance at a meeting may appoint another member to chair that meeting.

†††††††††††† (5)The board shall hold, in accordance with the by-laws, an annual general meeting at which

†††††††††††† (a)the election for members of the board shall be held; and

†††††††††††† (b)an auditor shall be appointed to audit the accounts of the board and report on the financial statements prepared by the board.

†††††††††††† (6)The board may in its by-laws provide for voting at a meeting of the board or in an election of members by mail or electronic means.

By-laws

††††††† 6. (1) The board may make by-laws not inconsistent with this Act respecting

†††††††††††† (a)the holding and procedure of its meetings;

†††††††††††† (b)the election of members of the board under subsection 3(2) and setting the terms of office of members and the chairperson and registrar;

†††††††††††† (c)the payment of travel and other expenses of elected members of the board;

†††††††††††† (d)the employment and remuneration of staff and consultants;

†††††††††††† (e)a code of ethics including

††††††††††††††††††††† (i)a definition of "professional misconduct" and "conduct unbecoming" for the purposes of sections 13 to 28,

†††††††††††††††††††† (ii)conflict of interest,

††††††††††††††††††† (iii)the keeping of patient records by denturists, and

††††††††††††††††††† (iv)the nature and content of advertising by denturists and the limitation and control of advertising for the purpose of section 42;

††††††††††††† (f)the duties and powers of committees of the board;

†††††††††††† (g)the rates of remuneration for members of an adjudication tribunal;

†††††††††††† (h)limiting the participation of members at a meeting of the board by telephone or other telecommunications device under section 5; and

††††††††††††† (i)providing for voting by denturists by mail or electronic means.

†††††††††††† (2)A by-law may be made, amended or repealed at a meeting of the board provided that 30 days notice, in writing, of the making, amendment or repeal of the by-law and of the meeting are given to members of the board.

†††††††††††† (3)The board shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours.

†††††††††††† (4)The by-laws of the Newfoundland Denturists Board in operation at the coming into force of this Act shall be the by-laws governing the board until revoked or amended by the board in accordance with this section.

Annual report

††††††† 7. (1) The board shall prepare and submit to the minister before
July 1,

†††††††††††† (a)a report on the activities of the board; and

†††††††††††† (b)the board's audited financial statements.

†††††††††††† (2)Where the board fails to comply with subsection (1), the board is guilty of an offence and on summary conviction may be fined $1,000.

Duties of registrar

††††††† 8. The registrar shall

†††††††††††† (a)keep a register in which he or she shall maintain a list of the names and addresses of all persons to whom licences have been issued under this Act and other information the board may require;

†††††††††††† (b)make the registers of the board available for inspection by the public on reasonable notice and at reasonable hours;

†††††††††††† (c)control all matters relating to the finances of the board including receipt of all money paid to the board, or a member on behalf of the board, and for making disbursements on behalf of the board; and

†††††††††††† (d)perform the duties assigned to the registrar in respect of discipline under sections 13 to 28.

Committees

††††††† 9. The board may appoint those committees that it considers necessary and may delegate to the committees prescribed powers and duties.

Fees

††††† 10. (1) In fixing the fees payable under this Act, the board shall, so far as it is practicable, ensure that the amount of the fees is sufficient to enable it to discharge its powers under this Act.

†††††††††††† (2)All money received by the board shall be applied by it to the exercise of its powers under this Act.

Examinations

††††† 11. (1) The board shall approve and set examinations for those persons who wish to obtain a licence under this Act.

†††††††††††† (2)The board may appoint those examiners that it considers necessary for the purpose of examining applicants for licences under this Act.

Licence

††††† 12. (1) A person may apply to the registrar in the form set by the board to be licensed as a denturist where he or she

†††††††††††† (a)has successfully completed the examinations set by the board; and

†††††††††††† (b)meets the other requirements prescribed by regulation.

†††††††††††† (2)The registrar shall issue a licence to a person who applies under subsection (1) and enter his or her name on the register and may renew a licence of a denturist where the applicant or denturist

†††††††††††† (a)pays the licensing fee set by the board;

†††††††††††† (b)proves that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the board;

†††††††††††† (c)proves that he or she is a member of an association of denturists as required under section 43;

†††††††††††† (d)proves that he or she is not suspended or restricted from working as a denturist by a board or equivalent body governing denturists in a jurisdiction outside the province; and

†††††††††††† (e)pays outstanding fines, penalties or fees, which are owed to the board.

†††††††††††† (3)A licence issued under this section may

†††††††††††† (a)authorize the person to whom it is issued to engage fully in the practice of denture technology; or

†††††††††††† (b)authorize the person to whom it is issued to engage in the practice of denture technology limited to dentures intended to be fitted to an edentulous arch only.

Definitions

††††† 13. In this section and sections 14 to 28,

†††††††††††† (a)"allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

†††††††††††† (b)"complainant" means a person making an allegation described in section 15; and

†††††††††††† (c)"conduct deserving of sanction" includes

††††††††††††††††††††† (i)professional misconduct,

†††††††††††††††††††† (ii)professional incompetence,

††††††††††††††††††† (iii)conduct unbecoming a denturist, and

††††††††††††††††††† (iv)acting in breach of this Act, the regulations, or the code of ethics made under section 6;

†††††††††††† (d)"costs incurred by the board" include

††††††††††††††††††††† (i)out of pocket expenses incurred by or on behalf of the board,

†††††††††††††††††††† (ii)amounts paid by the board to adjudication tribunal members as remuneration and for expenses, and

††††††††††††††††††† (iii)the actual cost of legal counsel for the board and the adjudication tribunal;

†††††††††††† (e)"disciplinary panel" means the panel of persons appointed under section 14 from which the members of an adjudication tribunal are chosen; and

††††††††††††† (f)"respondent" means a denturist or a former denturist against whom an allegation is made.

Disciplinary panel

††††† 14. (1) The board shall appoint at least 5 denturists who are not members of the board, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 2 persons, who are not denturists, to represent the public interest, who shall together constitute a disciplinary panel.

†††††††††††† (2)Where a denturist is appointed under this section, he or she shall serve on the disciplinary panel unless the board determines that he or she is unable to serve for reasons beyond his or her control.

†††††††††††† (3)Of the denturists first appointed to the disciplinary panel, two shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of denturists to the disciplinary panel shall be for a term of 3 years.

†††††††††††† (4)Of the persons appointed by the minister to the disciplinary panel, one shall be appointed for a term of 2 years and the other for a term of 3 years, and all subsequent appointments shall be for a term of 3 years.

†††††††††††† (5)Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

†††††††††††† (6)Persons appointed to the disciplinary panel may be reappointed.

†††††††††††† (7)Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for services as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the board, in accordance with and at the rates set by the by-laws.

†††††††††††† (8)The board and an adjudication tribunal appointed under section 18 and a person appointed by either of them may summon a denturist or another person and require him or her to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

††††† 15. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the registrar.

†††††††††††† (2)The registrar may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

†††††††††††† (3)Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of denturists in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a denturist or professional incompetence, the information shall be dealt with by the registrar as an allegation.

†††††††††††† (4)For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

Effect of filing allegation

††††† 16. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

†††††††††††† (2)Where the allegation is not satisfactorily resolved by the registrar under subsection (1), the registrar shall refer the allegation and all other allegations to the board.

†††††††††††† (3)The registrar shall inform a complainant and a respondent of the referral of the allegation to the board.

Complaints authorization

††††† 17. (1) After an allegation has been submitted to the board, the board may exercise one or more of the following powers:

†††††††††††† (a)refer the allegation back to the registrar for an investigation or alternative dispute resolution in accordance with the regulations;

†††††††††††† (b)conduct an investigation itself or appoint a person to conduct an investigation on its behalf; and

†††††††††††† (c)require the respondent to appear before it.

†††††††††††† (2)Where the board is of the opinion there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the board shall dismiss the allegation and give notice in writing of the dismissal to the complainant.

†††††††††††† (3)Where the board is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the board may

†††††††††††† (a)counsel or caution the respondent; or

†††††††††††† (b)instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

†††††††††††† (c)at any time before a final determination by the adjudication tribunal,

††††††††††††††††††††† (i)suspend or restrict the respondentís licence, or

†††††††††††††††††††† (ii)direct the registrar to conduct an investigation of the respondentís practice.

†††††††††††† (4)A person conducting an investigation under paragraph (1)(a), (b) or subparagraph (3)(c)(ii) may require

†††††††††††† (a)the respondent to

††††††††††††††††††††† (i)undergo practical and other examinations he or she considers necessary and as arranged by the registrar or the board, and

†††††††††††††††††††† (ii)permit the registrar or a member of the board or another person appointed by the board to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

†††††††††††† (b)another person to permit the registrar or a member of the board or another person appointed by the board to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

†††††††††††† (5)An action for damages does not lie against a denturist or another person solely because he or she provides information required of him or her under subsection (4).

†††††††††††† (6)Where the registrar, a member of the board or another person appointed by the board requires that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

†††††††††††† (7)A complainant whose allegation is dismissed by the board under subsection (2) may within 30 days after receiving notice of the dismissal appeal the dismissal to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (8)Subsections (4), (5) and (6) apply to the Crown.

Adjudication tribunal

††††† 18. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be denturists and one shall be a member of the panel appointed to represent the public interest.

†††††††††††† (2)The chairperson of the disciplinary panel shall appoint one of the denturists on an adjudication tribunal to be the chairperson.

Hearing

††††† 19. (1) Where a complaint has been referred under paragraph 17(3)(b), an adjudication tribunal shall hear the complaint.

†††††††††††† (2)The parties to a hearing are the board and the respondent and a party may be represented by his or her counsel at a hearing.

†††††††††††† (3)A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public.

Guilty plea by respondent

††††† 20. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

†††††††††††† (2)Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $10,000 to be paid to the board;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the board in the investigation and hearing of the complaint;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 22(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions, or

††††††††††††††††††† (xi)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (3)The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Powers of adjudication tribunal

††††† 21. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

†††††††††††† (2)Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

†††††††††††† (a)order that those costs that the tribunal considers appropriate be paid by the board to the respondent; and

†††††††††††† (b)make another order that it considers appropriate.

†††††††††††† (3)Where an adjudication tribunal decides that a respondent is guilty, it may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $10,000 to be paid to the board;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the board in the investigation or hearing of the complaint;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 22(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions, or

††††††††††††††††††† (ix)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (4)The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Filing and publication of decisions

††††† 22. (1) An adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with the registrar and provide a copy to the complainant and the respondent and the respondent's employer.

†††††††††††† (2)The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a denturist permit a person to view a summary of a decision where that denturist was the respondent, prepared in accordance with subsection (4).

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the filing of the decision or order, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her licence;

†††††††††††† (c)restricts the respondentís practice;

†††††††††††† (d)specifies conditions for the continuing practice of the respondent; or

†††††††††††† (e)requires that a summary of the decision or order be published.

†††††††††††† (4)The summary of the decision published under subsection (3) shall include

†††††††††††† (a)the name of the respondent and the address where he or she practises;

†††††††††††† (b)the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

†††††††††††† (c)the name of the complainant, unless the complainant has requested that his or her name be withheld;

†††††††††††† (d)the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (d); and

†††††††††††† (e)other information specified for publication in the decision or order.

†††††††††††† (5)Where a decision published under this section is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes.

De-registration and suspension

††††† 23. (1) Where a respondent is struck off the register, his or her rights and privileges as a denturist cease.

†††††††††††† (2)Where a respondent is suspended, his or her rights and privileges as a denturist cease for the period of suspension.

†††††††††††† (3)Where conditions or restrictions have been imposed upon a respondentís ability to carry on his or her practice, his or her rights and privileges as a denturist shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

††††† 24. (1) On application by the board to the disciplinary panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under sections 13 to 28.

†††††††††††† (2)The parties to the application are the board and the respondent.

†††††††††††† (3)An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

Reinstatement and readmission

††††† 25. (1) Where a decision or order of an adjudication tribunal

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her licence;

†††††††††††† (c)restricts the respondentís practice; or

†††††††††††† (d)specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the board for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

†††††††††††† (2)An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

†††††††††††† (3)Where an application is made to the board under subsection (1), and the board is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 17(3)(b) and sections 19 to 23 apply, with the necessary changes, to the referred matter.

†††††††††††† (4)The parties to a supplementary hearing under this section are the respondent and the board.

†††††††††††† (5)For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 21, a tribunal may

†††††††††††† (a)vary the original decision or order made under section 21; or

†††††††††††† (b)discharge the original decision or order, with or without conditions.

Costs of the board

††††† 26. (1) Where a person who was ordered to pay the costs of the board under paragraph 20(2)(e) or 21(3)(e) fails to pay in the time required, the board may suspend the licence of that person until the costs are paid.

†††††††††††† (2)Costs ordered to be paid under paragraph 20(2)(e) or 21(3)(e) are a debt due to the board and may be recovered by the board by a civil action.

Collection of fine

††††† 27. (1) Where an order is made under section 20 or 21 imposing a fine on a respondent, the board may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Registrar of the Supreme Court.

†††††††††††† (2) Where a certificate is filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

†††††††††††† (3)A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

†††††††††††† (4)On an application under subsection (3), the judge may make an amendment to the certificate that is necessary to make the certificate accord with the judgeís decision.

†††††††††††† (5)There is no appeal from a decision of a judge made under this section.

†††††††††††† (6)A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

Appeal to Trial Division

††††† 28. (1) The board or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (2)An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

Copies of books, etc. as evidence

††††† 29. A copy or extract of a book, record, document or thing certified by

†††††††††††† (a)a member of the complaints authorization committee; or

†††††††††††† (b)a person authorized under subsection 17(4) to conduct an inspection,

who made the copy or extract under subsection 17(4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

Evidence

††††† 30. A copy of the register, certified by the registrar, is admissible in evidence in a court in a prosecution of an offence under this Act and, in the absence of evidence to the contrary, is proof of the information contained in the register without proof of the signature or the official character of the person appearing to have signed the register.

Inspection

††††† 31. (1) The board may appoint representatives as it considers advisable to inspect the premises of a denturist.

†††††††††††† (2)For the purpose of this section, representatives of the board may include the board or a member of the board.

†††††††††††† (3)The representatives of the board may enter, without notice, the premises of a denturist at reasonable times to make necessary inspections.

†††††††††††† (4)The representatives of the board shall have access to the records, documents and other information required to carry out the inspection under subsection (3).

†††††††††††† (5)A denturist whose premises are the subject of an inspection under this section shall cooperate with the representatives of the board and supply information requested in connection with the inspection.

†††††††††††† (6)The representatives shall report to the board the results of their inspection together with their recommendations for the remedying of an insanitary condition, practice or procedure that is found.

†††††††††††† (7)After considering the recommendations of the representatives, the board may make a written demand on the denturist concerned to adopt and carry out the recommendations subject to terms and conditions which the board may impose.

†††††††††††† (8)Failure on the part of a denturist to comply promptly and completely with a written demand of the board shall be dealt with as an allegation under section 15.

Regulations

††††† 32. (1) Subject to the approval of the minister, the board may make regulations

†††††††††††† (a)prescribing courses of training and educational requirements for the licensing of persons in the practice of denture technology in the province, including the establishment of a program of apprenticeship training in the practice of denture technology;

†††††††††††† (b)respecting the establishment of a program of continuing education and re-examination of denturists;

†††††††††††† (c)respecting the granting of licences to denturists and renewals of licences;

†††††††††††† (d)providing for, giving notice of and holding examinations of persons seeking to be licensed as denturists and prescribing the content and nature of the examinations;

†††††††††††† (e)providing for the suspension or revocation of licences for the non-payment of licence fees or other causes prescribed in the regulations and for the regranting of suspended or revoked licences;

††††††††††††† (f)prescribing the standards of hygiene to be maintained in the office and laboratory of a denturist;

†††††††††††† (g)respecting the employment of student denturists and other employees;

†††††††††††† (h)respecting alternative dispute resolution for the purposes of section 17 and the procedure for that resolution; and

††††††††††††† (i)prescribing time limits for events in the disciplinary process under sections 13 to 28, including time limits for

††††††††††††††††††††† (i)the filing of an allegation,

†††††††††††††††††††† (ii)the resolution of an allegation by the registrar,

††††††††††††††††††† (iii)the conduct of an investigation under section 17,

††††††††††††††††††† (iv)consideration of an allegation by the board following completion of an investigation,

†††††††††††††††††††† (v)responding to a complainant and respondent at each stage of the process,

††††††††††††††††††† (vi)the conduct of a practice investigation under subparagraph 17(3)(c)(ii),

†††††††††††††††††† (vii)the appointment of an adjudication tribunal under section 18, and

††††††††††††††††† (viii)the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing; and

††††††††††††† (j)generally, to give effect to the purpose of this Act.

†††††††††††† (2)Notwithstanding paragraph (1)(i), the minister may make regulations to prescribe time limits in the disciplinary process under sections 13 to 28 where the board does not do so within the time period the minister considers reasonable.

Fees and forms

††††† 33. The board may set fees for the purpose of this Act.

Offence

††††† 34. (1) A person, other than a dentist or a person licensed under this Act as a denturist, shall not engage in or hold himself or herself out as qualified or entitled to engage in the practice of denture technology.

†††††††††††† (2)A person shall not provide false information to the board for the purpose of obtaining a licence under this Act.

Penalty

††††† 35. A person who contravenes this Act or the regulations is guilty of an offence and is liable upon summary conviction to a fine not exceeding $1,000, and in default of payment to imprisonment for a term not exceeding one month or to both a fine and imprisonment.

Continuing offence

††††† 36. Where an offence is committed on more than one day or is continued for more than one day, it shall be considered to be a separate offence for each day on which the offence is committed or continued.

The Dental Act

††††† 37. (1) Nothing in this Act prohibits a dentist or another person qualified under the Dental Act from performing work or services ordinarily performed by a denturist licensed under this Act to the extent the dentist or other person is authorized to perform the work or services under the Dental Act.

†††††††††††† (2)Nothing in the Dental Act prohibits a licensed denturist from engaging in the practice of denture technology for compensation.

Review of Act

††††† 38. Where the minister directs, the board shall review the operation of this Act and the regulations and make recommendations to the minister respecting this Act and the regulations.

Protection from liability

††††† 39. An action for damages does not lie against the registrar, a member of the board, an officer, employee or agent of the board, a member of a disciplinary panel, adjudication tribunal or the individual members of those bodies, a person appointed by the board to conduct an investigation, another agent of the board or the board as a corporation for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations authorized under this Act or for a decision or order made or enforced in good faith under this Act.

Referral

††††† 40. A denturist shall refer to a dentist or medical practitioner registered under the laws of the province a person consulting the denturist who has evidence of oral pathology that the denturist recognizes or should have recognized, based upon his or her training and experience, as requiring medical or dental evaluation.

Edentulous fittings

††††† 41. A denturist shall not take impressions of or fit a prosthetic denture to an edentulous arch unless the arch has been edentulous for a minimum period of 3 weeks.

Advertising

††††† 42. (1) Only a person holding a valid and existing licence under this Act shall hold himself or herself out or advertise himself or herself under a name or designation as a denturist.

†††††††††††† (2)Where a denturist advertises his or her place of business, he or she shall advertise that place of business under the designation of "a denture clinic".

Membership in an association

††††† 43. (1) The board shall require that a person who holds a licence under this Act be a member of an association of denturists as a condition of holding that licence.

†††††††††††† (2)A person who is otherwise qualified to obtain a licence or renewal under this Act shall not be denied a licence or renewal because that person has, without cause, been denied membership in the association or, without cause, has had his or her membership revoked.

Transition

††††† 44. (1) The members of the Newfoundland Denturists Board on the day before this Act comes into force are continued as members of the board until an election is held under section 5.

†††††††††††† (2)An election to elect the 3 members of the board referred to in paragraph 3(2)(a) shall be held within 12 months after the day this Act comes into force.

†††††††††††† (3)The minister shall make appointments under section 4 within 30 days of the election held under subsection (2).

†††††††††††† (4)Of the members of the board first elected under section 5,

†††††††††††† (a)2 shall be elected for a term of 3 years; and

†††††††††††† (b)one shall be elected for a term of 2 years.

RSNL1990 cD-7 Rep.

††††† 45. The Denturists Act is repealed.