Dental Council Act

Dental Council (Board of Examiners and Assessors) Regulations 2000

[GN 26 of 2000 – 4 February 2000] [Section 40]

1. These regulations may be cited as the Dental Council (Board of Examiners and Assessors) Regulations 2000.

2. In these regulations –

"Act" means the Dental Council Act;

"applicant" means a person applying for registration as a dental surgeon or dental specialist;

"Board" means the Board of Examiners and Assessors referred to in regulation 3.

3. Before registering any applicant as a dental surgeon or dental specialist, the Council may decide whether the applicant shall undergo any examination or assessment to determine whether he possesses adequate professional medical knowledge and linguistic skills to work as a dental surgeon or dental specialist in Mauritius.

4. For the purpose of section 24 of the Act, the Council shall appoint a Board of Examiners and Assessors.

5. (1) The Board shall consist of not less than 3 dental surgeons or dental specialists of at least 10 years' experience, one of whom shall be designated to act as Chairperson.

(2) At least one of the members of the Board referred to in paragraph (4) shall be from the discipline in which an applicant is to be examined or assessed.

(3) The Registrar shall act as the secretary to the Board.

(4) The Board shall meet –

 (a) as and when required; and

 (b) at such time and place as it may determine, but not later than 15 days after receipt of the application.

6. The report of the findings of the Board shall be communicated to the Council within 15 days of the examination or assessment.

7. The Council shall inform the applicant of the results of any examination or assessment within 3 months of the date of receipt of the application.

_______________

Dental Council (Code of Practice) Regulations 2000

[GN 28 of 2000 – 4 February 2000] [Section 40]

1. These regulations may be cited as the Dental Council (Code of Practice) Regulations 2000.

2. In these regulations –

"Act" means the Dental Council Act;

"advertisement" includes any advertisement contained in a publication or any advertisement broadcast on radio or television or any other means of communication;

"Code of Practice" means the code of practice established under regulation 3;

"registered person" means a person registered under section 20 of the Act.

3. There is established for the purposes of the Act the Code of Practice set out in the Schedule.

4. (1) Without prejudice to the power of the Council under the Act, where a registered person fails to comply with Part II of the Code of Practice, the Dental Council, may, by notice in writing served on him, require the registered person to comply with the Code of Practice.

(2) A registered person who fails to comply with a notice issued under paragraph (1) may be liable to disciplinary proceedings.

5. No registered person shall prevent, hinder or obstruct any member or employee of the Council from carrying out the duties of the Council.

_______________

SCHEDULE

[Regulation 3]

CODE OF PRACTICE

PART I – PREAMBLE

1. It is the duty of every registered person –

(a) to devote himself to the service of suffering humanity in the field of dentistry;

(b) to practise his profession with conscience, dignity and integrity;

(c) to maintain the utmost respect for human life at all times from the moment of conception till death;

(d) to offer his knowledge, skill and time to any person in need of dental attention without any distinction or discrimination;

(e) to uphold and maintain the dignity and honour of the dental profession.

2. The professional relationship between a registered person and his patient depends on trust and the assumption that the registered person will act in the best interests of his patient.

3. A registered person has a duty to –

(a) encourage, and restore confidence in his patient;

(b) avoid any action which might disturb the confidence of the patient in any registered person or in the dental profession as a whole.

4. Patients deserve full respect in all facets of their personality (physical, psychological, spiritual, financial, social). The registered person shall aim at rehabilitating them to their full state of humanhood.

5. Taking into consideration that patients are often embarrassed, ashamed, or fearful, the registered person has a duty –

(a) to show humility, kindness and understanding towards patients;

(b) to do his best to relieve them of hidden fears and apprehensions.

6. Registered persons shall share amongst themselves their knowledge and discoveries.

7. A registered person shall maintain a high standard of professionalism, uphold the honour of the profession and avoid engaging into any conduct or activity which might lower the profession in the esteem of the public.

8. All registered persons have a duty to continue their professional education for the duration of their practising lives in the best interests of their patients. They must maintain their professional skills so as to provide treatment of the highest standard possible.

PART II – CODE OF PRACTICE FOR DENTAL PROFESSION ON STANDARDS OF PROFESSIONAL CONDUCT AND DENTAL ETHICS

1. The registered person shall respect the patient's right to visit the registered person of his choice.

2. A registered person shall obtain the informed consent of his patient in any case of dental intervention or dental research.

3. Where, in the opinion of the registered person, informed consent cannot be obtained from the patient or in the case of a minor, the dental practitioner shall obtain the consent of the next of kin or the legal guardian.

4. Notwithstanding paragraphs 8 and 9, a registered person shall provide what he considers life saving treatment in emergency even if it is impossible to gain consent.

5. (1) Subject to paragraph 2, a registered person shall not decline to treat a patient in case of an emergency.

(2) In any case other than an emergency, a registered person may decline to treat a patient for professional or personal reasons.

6. A registered person shall not, except in the case of an emergency, undertake or continue a treatment in such field which is beyond his competence, experience or means.

7. (1) Subject to paragraph (2), a registered person shall inform his patient correctly about the true nature of his illness.

(2) Where the registered person is of the opinion that it would not be in the interest of the patient to disclose to him the nature of his illness, the registered person may inform the next of kin or the legal guardian of the patient of his illness.

8. In case of absence, a registered person has a duty to ensure that his patients will be looked after by other colleagues in consultation with the patient or his next of kin or legal guardian if he is unable to take such decision.

9. A registered person shall report to the appropriate authorities any sign of violence or assault upon a patient who is a minor.

10. A registered person shall not delegate to a person other than a registered person, any service or operation which requires the full competence of a registered person.

11. A registered person shall not expose his patient whether by investigation or treatment to unnecessary risks.

12. A registered person shall not prescribe or supply drugs of addiction or dependence otherwise than in the course of bona fide treatment. He shall not prescribe the use of doping and stimulating substances which are detrimental to health, as an artificial means of improving immediate results.

13. A registered person shall not disclose any information imparted to him by a patient in relation to his treatment except –

(a) with the consent of the patient; or

(b) where the patient is a minor with the consent of his next of kin or legal guardian; or

(c) where the patient had died, with the consent of his next of kin or legal guardian; or

(d) when compelled by a Court of law or by any body authorised by law.

14. A registered person shall not exercise his profession if he is in a state of intoxication due to alcohol or drug abuse.

15. A medical certificate shall be issued to a patient or, in the case of a minor, to the responsible party or legal guardian whenever requested.

16. A medical certificate shall include –

(a) the date of examination;

(b) the full name and address of the patient;

(c) the registered name and address of the registered person; and

(d) the signature of the registered person.

17. (1) Where a registered person issues a medical certificate or any form of medical report to a person other than a patient (for example, for the purposes of an insurance), the registered person shall obtain the written consent of the patient.

(2) Paragraph (1) shall not apply to a Police Form 58 or 58A.

(3) A registered person shall write his name in block letters after signing any prescription or document.

18. A registered person shall not make any statement or declaration or sign a certificate or other document, or induce or permit another person to sign a certificate or document which the registered person knows, or ought to know to be untrue, misleading, or otherwise improper.

19. A registered person shall not engage in any form of canvassing with the help of touts or otherwise with a view to attracting patients.

20. (1) A registered person shall not advertise his professional services.

(2) Notwithstanding paragraph (1), a registered person may –

 (a) notify other registered persons, or his patients, of any change of address, dissolution or commencement of his practice;

 (b) publish in a telephone directory in ordinary characters his –

  (i) name, qualification(s), the place and country of such qualification(s), his speciality if any, his home address and the address(es) of his surgery; and

  (ii) telephone number(s).

(3) Nothing in this paragraph shall prohibit a registered person who is acting in the course of his official duties pertaining to his office or post from giving an interview or publishing an article in the lay media on matters of concern to his office or post.

(4) Notwithstanding paragraph (1), registered persons may keep their professional and managerial colleagues informed of the services they offer and of the practice arrangements, provided that the materials circulated in this way shall not disparage, directly or by implication, the services provided by other registered persons nor shall it claim superiority for the dental surgeons or dental specialists personal qualities, qualifications, experience or skills.

21. (1) A registered person shall use a professional plate or notice, the size of which shall be 250 millimetres by 300 millimetres, to indicate his surgery.

(2) The professional plate or notice shall be of the colour indicated below –

 (a) Dental Surgeons – Red background with white lettering;

 (b) Dental Specialists – Yellow background with white lettering.

(3) Any professional plate or notice as described in paragraph (1) shall be situated as near as possible to the entrance of the surgery.

(4) A professional plate or notice shall contain no particulars other than the name of the registered person, his registered qualification(s), country of the qualification(s) and the speciality he is practising.

(5) A registered person may display, in addition to the notice another notice to inform the public about the hours of consultation and his telephone number(s). This notice shall be 400 millimetres by 300 millimetres and shall be placed as near as possible to the entrance of the surgery.

(6) A registered person having a consultation room at the first floor or higher level may display a notice not exceeding 750 millimetres by 150 millimetres on the first floor or higher level outside the building. This notice shall contain only the words "Cabinet Dentaire" or "Dental Surgery".

(7) A registered person shall not display more than one professional plate or notice at each entrance to the building in which he has his consulting room, and at each entrance within such building, to his surgery.

(8) A registered person may make use of a directional sign indicating his surgery.

(9) A registered person shall not display any professional plate or notice on premises other than those premises, in which the registered person resides or has his surgery.

22. A registered person shall not have his surgery with an entrance through a pharmacy or share his waiting room with that of the pharmacy.

23. (1) Any stationery used by a registered person in connection with his practice shall not contain any matter other than –

 (a) the name, address(es) and telephone number(s) of the registered person;

 (b) his professional qualification(s), the place and country of such qualification(s) and the speciality he is practising, civil honours and honorary degrees in an abbreviated form; and/or

 (c) his consultation hours.

(2) A registered person shall not use a prescription form or envelope which bears the name or address of a pharmacy or any commercial product.

24. (1) A registered person shall not direct or cause to be directed, a prescription to a specific pharmacy or pharmaceutical chemist.

(2) A registered person shall not use any professional plate displaying the name of a commercial product.

25. (1) A registered person shall not, whether by way of publication of any article or any personal photograph or otherwise, indulge in any form of self-advertisement or publicity.

(2) In particular, he shall not –

 (a) publish or cause to be published, in the lay media or any other means of communication device, articles likely to have the effect set out in paragraph (3)(a) and (b);

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.