Bill 40 — Second Session, 17Th Legislature, 21 Ehzabeth Ii the Legislative Assembly of Alberta Bill 40 the Dental Association Amendment Act, 1973 (Legislature 17, Session 2)

L17 S2 5174

Alberta — Bills

1973 Bill 40 Second Session, 17th Legislature, 21 EHzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 40 The Dental Association Amendment Act, 1973 THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT First Reading Second Reading .. Third Reading . . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 40 BILL 40 1973 THE DENTAL ASSOCIATION AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advic'e and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Dental Association Act is hereby amended.

Section 10 is struck out and the following

section is substituted there for: 10.

(1) The bo.ard shall 'elect fro.m among itS members a president and a vice-president and shall appo.int one or more persons other than a m'ember or members of the board as s'ecretary, treasurer and registrar.

(2) The board may designate any person performing the functions of the s'ecretary, treasurer and registrar or any of them as executive director or such other title as the board may direct.

(3) Where ,the board has designated a person as execu tive director and has not apPo.inted a s'ecretary, treasurer or reg1istrar, the executive director is deemed for the pur pose of this Act to be the secretary, treasurer or registrar, as the case may be. ( 4) The board may apPo.int a person, who may not be a member of the board, to be assistant secretary, assistant treasurer or assistant registrar and may authorize him to exercise such functions of the secretary, th~asurer or reg istrar, as the case may be, as the bo.ard considers desrirable and all actions perfo.rmed by such person within that authority shall be deemed to. be the actions of the s'ecretary, treasurer or registrar respectively.

(5) After an election, and be£ore the date of commence ment of the terms of office of the directors elected, the pe~sons who will constitute the board of directors at that commencement date may make any elections or appoint ments under this

section to be effective not earlier than that commencement date.

Explanatory Notes I. This Bin will amend

chapter 90 of the Revised Statutes of Alber,ta 1970. 2. This amendment will make provisions for the appointment of an executive director. U will make clear that an assistaDJt may be appointed to anyone of the positions of the assistant secretary, assi'stant treasurer or assistant registrar. Lt will also confirm the authority of the assis.tant.

3. The following sectiorns are added after

section 13: 13.1 The board may by by-law (

a) prescribe training or educational requirements to be completed from time to time 'Or during a period or periods of time by members or classes of mem bers of the Association; (

b) provide for the exemption 'Of members 'Or classes 'Of members from training 'Or educational require ment prescribed under clause (

a) and prescribe the conditions upon which the 'exemption may be made; (

c) prescrihe the requirements to be met by members 'Or classes of members fr'Om time :to tim'e during such period or periods in order to be in good stand ing for the purposes of

section 26, subsection (3), clause (b); (

d) prescribe the evidence to be submitted from time to time by members as to completion 'Of required train ing or attainment of educational requirements and as to the satisfactory completion of any necessary requirements in order to 'Obtain an annual certifi cate; (

e) provide for the examination 'Of 'individual members 'Or classes of members by order of the board to determine whether the individual members or classes of members are professionally competent; (

f) provide for programs 'Of training and education through the Association or otherwise; (

g) establish a tariff 'Of fees to he paid for training 'Or educational programs by members taking

part in them 'Or from funds of the Association. 13.2

(1) The board may by resolution appoint, or pro vide for the appointment of, committees 'Of the board and by such resolution may confer upon any committee power and authority to act for the board in relation ,to any matters the board directs.

(2) Nothing in this

section extends any power or author ity to any committee in relation to the making, amending 'Or rescinding of by-laws, the election of offic-ers, the fix ing of fees, or the exercise of the powers of the board in matters of discipline. 4. S e.ction 18 is amended (

a) as to subsection (1) by striking out the wo'frds "to study or", and (

b) by adding after subsection (3) the following sub section: 2

3. The proposed

section 13.1 will make prOVISIOns for super vision by the Association of the continuing education of members of the dental profession. The proposed

section 13.2 will permit the appointment of committees to decul with minor matters between board meetings and to administer any other maltters delegated to them by the board. 4. The first amendment will result in a more accurate s,tate ment of the jurisdiction of the Universities Co-ordina'ting Council Wihich does not in fact now deal with ma,tter:s involving admission to study the profession of dentistry.

Section 1,8, subsection (1) presently reads: 18.

(1) The academic standing and examination of candidates for ad ~ission to study or to practis'e the profession of dentistry in the Prov ll10e shall be under the control of the Universities Co-ordinating Council. Subsection (3) presently reads: l3) The subjects of all examinations under this Act shall be those pres'cribed by the Universities Co-ordinating Council. 2

(4) Subsection (3) does not apply to examina tions which are required by the hoard upon rein statement or the termination of a suspensi.on arising from a disciplinary proceeding .or to anyexamina tion required by the board pursuant to seoti.on 13.1. 5. The following secUons are added after

section 25: 25.1.

(1) The board may establish and maintain a reg isterto be known as the "Associate Members' Register".

(2) The board may by res'Oluti'On direct that a person be registered in the Associate Members' Register if the board is satisfi'ed that the person (

a) having been a member 'Of the Association, now resides outside Alberta, 'Or (

b) having been lawfully engaged in the practice of dentistry in any province or territory of Canada and having retired therefr'Om, is not actively en gaged in the practice of dentistry, 'Or (

c) carries on the practke of dentistry in Alberta solely as an employee or memher of the Canadian Forces or as an employee .of the Government of Canada and is a member of a dental association of a province 'Or terri,iJory 'Of Canada and fully li oensed to carryon the practi ~e of dentistry in that province or territ.ory .of Canada, or (

d) holds a degree in dentistry 'Or dental surgery and whose activities are confined to an area 'Of the basic sciences or dental research at an institution appr'Oved by the board, but who does not adively practiS'e dentistry.

(3) The board may at any time, for cause and upon notice t'O the person so registered, direct the registrar to strike the name of that person from the Associate Members' Register.

(4) The board may prescribe an annual fee upon pay ment of which the registrar shall issue an annual certificarbe to any person otherwise entitled to be registered stating that the person is registered as an associate member .of the Association.

(5) A person registered ,in the Associate M'embers' Reg ister is entitled to attend meetings of ,the Association but is not entitled to vote at any meei,ing 'Or election of the board nor to hold elected office in the Association. 25.2

(1) The board may establish and maJintain a reg ister to be known as the "Teaching and Research Register".

(2) The registrar may register in the Teaching and Re search Register any person who 3

Section ,25 .. 1 will permit persons not otherwise members of the Association to become Associate Members in appropriate cases.

Section 2,5.2 will permit a person on the ,staff for the faculity of dentistry at a University of Alberta to carry out his duties with out becoming a full member of the As,sociation notwit'hstanding the fact that his duties may involve services which are included in the practice of dentistry. 3

(

a) pays th8 r8gistration fee pursuant to

section 17 together with the annual f8e in an amount to be fixed by the board and paid each year upon such day or days as the board may determine from time to time, (

b) is the holder of a degree in dentistry or dental surgery, (

c) is a member of the full time teaching or research staff of a faculty of dentistry at a university in Alberta, (

d) provides approval by the dean of the faculty of his application for registration, and (

e) desires registration solely for the purpose of per forming professional services in the course of his teaching or research duties at the faculty of the university.

(3) The registrar (

a) shall, in registering a person in the Teaching and Research Register, show the purpose for which that person is registered and the period, which shall not exceed one year, of the registration, (b) (

c) may from tim'e to time, upon receiving payment of the annual fee and on application approved by the dean of the faculty of which the applicant is a member, extend the period of that person's registra tion for a further period not exceeding one year and enter the extension in the Teaching and Re search Register, and shall terminate the registration of any person in the Teaching and Research Register when that per son ceases to be on the full time ,teaching or re search staff of the faculty.

(4) The board may from time to time by resolution give directions to the registrar as to the exercise 'Of his discretion under this section.

Section 26 is amended by striking out subsection (3) and by substituting there.for the following subsection:

(3) A member of the Association (

a) who is not under suspension, (

b) who is in good standing as to training or educa tion requirements prescribed by the by-laws, and (

c) who has paid his annual fee, is 'entitled to receive from the registrar an annual certifi cate signed by the registrar stating that the member is entitled to praetise the profession of dentistry or dental surgery in Alberta. 4

G. This amendment will make compliance with the educational requirements a condiJtion of obtaining the annual certifica'te to practise. 4

'7.

Section 29 is amended by striking out the words "totalling at least 50 years" and by substU,uting theretorr the words "totalling a number of years ,to be fix'ed by the board in the by-laws".

Section 47, subsection (4) is atnended (

a) as to clause (

c) by addin g a,t the end thereof the word "or", and (

b) by adding after clause (

c) the following clauses: (

d) a person registered in the Associate Members' Register pursuant to

section 25.1, subsection (2), clause (

c) who carries on the practice of dentistry in Alberta solely as an en1ployee or member of the Canadian Forees or as an em ployee of the Government of Canada, or (

e) a person regis1tered in the Tea'ching and R2- search Register who performs dentistry dur ing the period of his registration and ,in ac cordance with the purpos'e for which he is so registered. D.

Section 54 is auwnded by striking out subsection (2) and by substituting therefor the following subsection:

(2) A member who is suspended pursuant to this Act or the by-'}aws ,is not, during the period of the sruspension, the holder of a subsisting annual certificate.

Section 55, subsection (2) is amended (

a) as to clause (

c) by adding at the e:nd thereof the word "or", and (

b) by adding after clause (

c) the fdllowing clause: (

d) a member of a class of persons to whom the performance of duties of a dental nature is delegated by the by-laws.

Section 56 is a.,nended by striking out subsection (2) and by substituting therefor t.he following subsection:

(2) In subsection (1), "dental hygienist" means (

a) a graduate in dental hygiene of the Faculty of Den tistry of the University of Alberta, or (

b) a person who is certified by the secretary of the Universities Co-ordinating Council, (

i) to be a graduate of a school of dental hygiene at which the standards required for graduation 5

7. This amendment will permit the bo.ard to. fix the length o.f time necessary to. receive a life membership in the Asso.ciatio.n. 8. This amendment will permit the limited practice o.f dentistry in Alberta by certain associate members and by perso.ns registered in the Teaching and Research Register. 9. Sectio.n 54 presently reads: 54 ..

(1) A person not holding a valid certificate of registration and a subsisting annual certificate who (

a) praotise,s the pl'lofession of dentistry within the Province either publicly or privately, or (

b) vo'luntarily and falsely pretends to be entitled under this Act to practise the profession of dentistry, or (

c) assumes a title, addition or description implying or calculated to lead people to infer or believe him to be entitled under this Act to practise the pro,fessIon of dentistry, is guilty of an offence and .liable on

summary conviction to' a fine not exceeding $200 and not less than $50 for the first offence, and to a fine not exceeding $400 and not less than $250 f:or a se,cond o,ffence and to imprisonment for a term of not les's than two m0'nths and n0't more than six months for a third and every subseque·nt offence.

(2) A member who is suspended pursuant to

section 32 001' 39 is not, during the period of suspension, the h0'lder ol a subsisting annual certifica teo 10. Sectio.n 13 (4) permit,s delegatio.n o.f dental duties and this amendment will tie in wilth that subsectio.n rto. remo.ve such perso.n fro.m the prohibitio.n against emplo.ying non-members o.f ,the Assoc iatio.n to. do. dental duties. Sectio.n: 5·5(2) presently reads: (2) Subsection (1) does not apply so as to prohibit a member of the AssociaUon from employing (

a) a dental hygienist as defined in

section 56, or (

b) a dental auxiliary licensed under The Dental Auxiliaries Act, or (

c) a dental technician registered under The Dental Technicians Act, to perform any duties that such person is qualified and permitted by law to perform. II. This amendment removes Alberta graduates from the requirements of certification in as much as the Universities Co ordinating Council does not in fact certify graduates in denrtal hygiene o.f the Faculty o.f Dentistry at the University o.f Alberta. 5

(ii) are at least equal to the standards required by the Faculty of Dentistry of the University of Alberta, or to be the holder of qualifications which, at the time they were obtained, were at least the equivalent of the standards required for certi fica-bion as a dental hygienist under this Act at that time. 12. The following sections are added after

section 61: Professional Liability Claims 62. In this Part, (a) "deductible amount" means, (

i) with ref.erence to the Fund, the amount, if any, prescribed by the by-laws as the amount to be deducted from any claim paid from the Fund, and (ii) with reference to a group contract, the amount, if any, specifi'ed in the contract as the amount that the insurer is entitled to deduct from the amount of any claim for which the insurer is liable under the contract; (b) "Fund" means the Professional Liaibnity Claims Fund; (c) "group contract" means a group insurance contract entered into pursuant to

section 63, subsection (1) ; ( d) "professional liability claim" means a claim against a member for an amount of money that the mem ber is legally obligated to pay as damages arising out of the performance of professional services for another person in the member's eapacity as a den tist or dental surgeon and caused by the member or any other person for whose acts the member is legally liable. 63.

(1) The board may by resolut1on create and main tain a fund to be known as the "Professional Liability CIa,ims Fund".

(2) The board may make by-laws (

a) specifying the purposes mentioned in subsection (3) for which the Fund may be used; (

b) respecting the administration of the Fund; (

c) providing for the levying upon members of the As sociation an annual assessment .of such amount as may be fixed by the hoard from time to time for 6

12. These additional sections would permit The Alberta Dental Association to make arrangements for the payment of professional liability claims against any of Lts members. The provisions will permit the Association either rto become a self-insurer or to arrange for group professional liability insurance coverage O'r to enter into an arrangement whereby the ASlsociation would see rbhe part of any professional liability claim against the member would be paid and arrange for group insurance to cover any other part of the claim.

The provisions are similar to those found in The Legal Profession Act with the addHion of a power to set separate assess ments for any members of a group practising a specialty where there might be a variation in the risk. 6

the purpose of maintaining and augmenting the Fund; (

d) prov,jding for the exemption of members of the As sociation from the payment of ,annual assessments referred to in clause (c), and from entitlement to indemnification from the Fund or under a group contract, as the 'Case may be, and the conditions on \vhich the exemptions may be made; (

e) governing the payrflent and recovery of the whole or part of any deductible amounts pursuant to sec tion 65.

(3) SubJect ,to and in accordance with the by-laws, the Fund may be used for any of the following Ipurposes, whichever the by-laws specify: (

a) the indemnification by the Association in whole or in part, in the discretion of the board, of mem bers liable to pay assessments referred Ito in sub section (2), clause (

c) in respect of professional lia:bility claims made against them; (

b) the payment in whole or in part of deductible amounts pursuant to

section 65, subsection (1); (

c) the payment of premiums payable by the Associa tion under a group contract; (

d) the payment of premiums or other costs payable by the Association under a contract entered into pur suant to subsection (5) ; (

e) the payment of 'expenses incurred in connection with audits, investigations of claims against the. Fund and 'bearings rpertaining to such claims.

(4) Where the by-laws specify that the Fund may be used for the purpose ref'erred to in subsection (3), clause (a), the board may make by-laws (

a) prescribing the deductible amount and the maxi mum amount that may be paid from the Fund in respect of any professional liability claim; (

b) prescribing the conditions to be met before any claim may be paid from the Fund; (

c) prescribing classes of professional liability claims in respect of which no payment or partial payment only shall be made from the Fund; (

d) prov,iding for any matter or procedure in connec tion with the filing, settling, administration and payment of claims made against the Fund.

(5) The Association may, in such manner and upon such terms and conditions as the board considers advisable, enter into contracts with insurers or other persons whereby the Fund may be protected in whole or in part against any cla-irn or loss to the Fund. 7

(6) The Fund shall be kept separate and apart from any other funds of the Association and (

a) may be invested as the b'Oard may from time to time determine, but in so doing the board is not subject to the pr'Ovisions of The Trustee Act, gov erning the investment of trust funds, (

b) shall be administered by the board in such manner as they consider proper, and (

c) is not subj ect to any trust. 64.

(1) The board may by resolution authorize the As sociati'On to enter into a group insurance contract pr'Oviding f'Or the indemnification by the insurer thereunder in whole or in part of members liable to pay assessments referred to in

section 63, subsection (2), clause (

c) in respect of pro fessional liability claims against them, on such terms and conditions as may be agreed upon.

(2) The Association may enter into a group contract with an insurer either alone 'Or jointly with 'One or more dental associations or governing bodies of the dental pro fession in other provinces or territories in Canada that are incorporated for purposes comparable to those of the Ass'Ociation.

(3) The board may make by-laws (

a) providing for any matter or procedure in connec tion with the filing, settling, administration and payment of claims made against the insurer under the group contract and which is n'Ot 'Otherwise pro vided for in the group contract, and (

b) respecting the notice required to be given by an ac tive member of the Association of a claim or pos sible claim against him and for which the insurer may be liable f'Or indemnification under the group contract. 65.

(1) Where an amount is palid 'Or is intended to be paid from the Fund or by the insurer under a group con tract as indemnification in respect of a professional liability claim, or where the amount of a professionall,iability claim is equal to or less than the deductible am'Ount, the Associa tion may, upon a resolution of the board and in accordance with the by-laws, (

a) pay the whole 'Or part of the deductible amount to the claimant from the Fund in the event of the in ability 'Or failure of the member concerned or any other person to pay the whole or part of the deduc tible amount, or (

b) pay the whole 'Or part of the deductible amount to the claimant with the consent of and on behalf of 8

the member concerned, upon such terms as to re payment by the member to the Association as the board may prescribe.

(2) Where any payment is made by the Association pur suant to subsection (1), clause (a), the Ass'Ociation is sub rogated to the rights, remedies and securities to which the claimant was entitled as against the member concerned or against the member's trustee, assign, estate or personal re presentative and those rights, remedies and securities may be enforced or realized, as the case may be, in the name of the Association. 66.

(1) Where an active member of the Ass'Ociation has not paid his assessment to the Fund for any year on or be fore the 1st day of January of that year, the member is suspended from practice as 'Of the 2nd day of January of that year.

(2) Where an active member of the Association is sus pended from practice under this section, his suspension terminates upon the payment of the ~assessment to the Fund and a penalty in an amount prescribed in the by-laws but not exceeding $100. 67.

Notwithstanding anything contained in this Act to the contrary, the board may pass separate by-laws and im pose separate conditions and fees for each group 'Of mem bers listed in the register under a specialty and, without limiting the generality of the foregoing, the board may im pose a special assessment to the Fund in addition to, or in lieu of, the assessment paid by the members who are not certified speciaUsts. 68.

Notwithstanding anything contained in The Alberta Insurance Act, the Association shall not be deemed to be undertaking insurance 'Or carrying on the business of insur ance by reason 'Of exereising its vowers under this Act. 13. This Act comes into force on the day upon which it is assented to. 9 Title: 1973 (17th, 2nd) Bill 40, The Dental Association Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5174
Type	bill
Volume / chapter	L17 S2 5174
Language	en
Format	json
Source	PROVINCIAL
Identifier	43cbc2ac1eea69a6501f1a1e7f7ecb7c9890490e

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