Revised Statutes of Newfoundland 1990 Chapter D-7

(i) the taking of impressions or bite registrations for the purpose of the making, producing, reproducing, constructing, furnishing, supplying, altering or repairing of a complete upper or complete lower prosthetic denture, or both, to be fitted to an edentulous arch, and

(ii) the fitting of a complete upper or complete lower prosthetic denture to an edentulous arch,

and includes the making, producing, reproducing, constructing, furnishing, supplying, altering and repairing of complete upper or complete lower prosthetic dentures in respect of which a service is performed under subparagraph (i) or (ii); and

(i) "registrar" means the registrar of the board.

1981 c42 s2; 1990 c62 s9

3. (1) The Newfoundland Denturists Board is continued as a corporation consisting of 7 members appointed under subsection (2).

(2) The minister may appoint to the board

(a) 3 denturists from a list of not fewer than 5 denturists nominated by the association of denturists in the province that is recognized by the minister as appropriate for the purpose of this Act;

(b) 1 dentist from a list of not fewer than 3 dentists nominated by the Newfoundland Dental Association; and

(3) All denturists appointed under subsection (2) shall, during their period of membership with the board, hold valid licences issued to denturists under this Act.

(4) A member is eligible for appointment, during good behaviour, for a period not exceeding 3 years and is eligible for reappointment, but a member may not serve for a continuous period exceeding 9 years.

(5) The minister shall appoint, from the membership of the board,

(a) a chairperson; and

(b) a registrar who shall be a denturist.

(6) The officials appointed under subsection (5) hold office during good behaviour for a period of 1 year.

1981 c42 s3

4. (1) The board shall hold at least 1 annual general meeting at a time and place that it may determine, and may hold other general meetings during each year upon the request of the chairperson, the registrar or any 3 members.

(2) Four members, 1 of whom shall be a person who is appointed under paragraph 3(2)(c), constitute a quorum of the board.

(3) Members shall serve without remuneration, but may be paid travelling and other expenses that may be prescribed.

1981 c42 s4

5. 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;

(b) before February 15 in each year, publish in the Gazette the list referred to in paragraph (a), showing the names and addresses of persons whose names appear on the register as of January 15 in that year;

(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) file with the minister, within 3 months after the end of the board's financial year, an audited statement showing money collected and disbursements made during the preceding financial year.

1981 c42 s5

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

1981 c42 s6

7. (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.

1981 c42 s7

8. (1) The minister, in consultation with the board, shall appoint a Denturists Examining Committee consisting of persons the minister considers appropriate.

(2) The committee appointed under this section shall approve and set examinations for those persons who wish to obtain a licence under this Act.

(3) The committee appointed under this section may

(a) appoint those examiners that it considers necessary for the purpose of examining applicants for licences under this Act; and

(b) consult with and obtain the advice of a person, organization or agency within or outside the province for the purpose of setting examinations.

(4) At a time that the minister considers appropriate and upon consultation with the board, the minister may dissolve the committee appointed under this section and direct that the board assume the powers, duties and responsibilities of the committee.

1981 c42 s8

9. (1) A person who meets the prescribed qualifications, including the successful completion of examinations, has the right to obtain a licence from the registrar.

(2) A person who is 19 years of age or older and meets the prescribed qualifications may apply to the registrar for a licence.

(3) An application for a licence shall be accompanied by the prescribed licence fee.

(4) Unless sooner suspended or cancelled a licence expires on December 31 following the date of its issue and may be renewed in the prescribed manner.

1981 c42 s10

10. (1) Where the board is of the opinion or has reasonable cause to believe that a person holding a licence misconducted himself or herself or might, by his or her continuation in practice as a denturist, constitute a danger to the public or a person, or his or her continuation in practice as a denturist is against the public interest, the board may, after inquiry,

(a) revoke the licence;

(b) suspend the licence for a period that the board may prescribe;

(d) impose conditions or limitations on the denturist in carrying out the practice of denture technology.

(2) For the purpose of this Act, the board has all the powers that are or may be conferred on a commissioner under the Public Inquiries Act.

(3) A licensee is entitled to be represented by counsel or an agent of his or her choice at an inquiry by the board under this section.

1981 c42 s11

11. (1) A person aggrieved by a decision of the board under section 9 or 10 may appeal to a judge of the Trial Division within 30 days after the decision of the board by filing with the Registrar of the Supreme Court a notice of appeal and serving a copy of the notice on the board.

(2) Notwithstanding a rule or practice to the contrary, the notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds upon which the suspension or cancellation is appealed against; and

(b) be signed by the appellant or the appellant's solicitor.

(3) The appellant shall within 14 days after service of the notice of appeal under this section apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the board a written notice of the day appointed for the hearing.

(4) The judge shall hear the appeal and the evidence brought forward by the appellant and the board, and shall decide the matter of the appeal by

(a) upholding or revoking the action of the board; or

(b) making a decision or order that the judge considers to be appropriate in the interest of justice and equity, including orders as to costs for or against the appellant or the board and the amount.

(5) An appeal may be taken from the decision of the judge to the Court of Appeal upon a point of law raised at the hearing of the appeal.

(6) The board shall require the registrar to implement the decision of the judge of the Trial Division or the Court of Appeal and shall comply with the terms of an order made by the court.

1981 c42 s12; 1986 c42 Sch B; 1990 c62 s9

12. 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.

1981 c42 s13; 1990 c62 s9

13. (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 considered to be misconduct on the part of the denturist.

(9) A denturist who is aggrieved by a report, recommendation or demand of the board made under this section may appeal to a judge of the Trial Division, and section 11 applies, with the necessary changes, to the appeal.

1981 c42 s14; 1990 c62 s9

14. Subject to the approval of the minister, the board may make regulations

(a) respecting the holding of meetings, including the place, time, notice and order of business to be conducted at the meetings;

(b) 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;

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

(e) fixing the fees payable by applicants for licences and renewals issued under this Act;

(f) 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 and setting the fees payable by candidates for the examinations;

(g) 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;

(h) respecting the maintenance of the register referred to in paragraph 5(a), including the form and contents of the register;

(i) determining the procedure of the board, or a committee of the board constituted for the purpose, upon the hearing of complaints that a person holding a licence is guilty of incompetence or misconduct;

(j) defining what constitutes misconduct of denturists;

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

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

(m) prescribing the keeping of patient records;

(n) respecting the conditions of employment and remuneration of staff and prescribing the duties of the staff;

(o) fixing the duties of members and the amount of expenses for the purpose of subsection 4(3);

(p) prescribing the duties and powers of committees appointed under section 6;

(q) setting the remuneration for a member of a committee appointed under section 6 or the committee constituted under section 8;

(r) prescribing the nature and content of advertising and the limitation and control of advertising for the purpose of section 24; and

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

1981 c42 s15; 1986 c30 s3

15. (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.

1981 c42 s16

16. 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 1 month or to both a fine and imprisonment.

1981 c42 s17

17. Where an offence is committed on more than 1 day or is continued for more than 1 day, it shall be considered to be a separate offence for each day on which the offence is committed or continued.

1981 c42 s18

18. An action shall not be brought against a denturist for negligence or malpractice because of services rendered by him or her unless the action is started within 2 years from the date the services terminated.

1981 c42 s19

19. (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.

1981 c42 s20; 1984 c39 s2

20. 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.

1981 c42 s21

21. A member is not personally liable for loss or damage suffered by a person because of anything done or omitted to be done in good faith by that member in the execution of his or her office or under, or in the exercise of or supposed exercise of, the powers given to the board or to a member of the board.

1981 c42 s22

22. 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.

1981 c42 s23

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

1981 c42 s24

24. (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".

1981 c42 s25; 1989 c12 s10

25. (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 been denied membership in the association or has had his or her membership revoked.

1981 c42 s26