British Columbia Order in Council — Order under Dentists Amendments to the Rules of the College of Dental Surgeons of British Columbia approved (O.C. 467/2000)

O.C. 467/2000

British Columbia — Orders in Council

.// Presiding ember o xecutive Council PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Councilitlo. 467 , Approved and Ordered MAN 3 0 2000 ( Executive Council Chambers, Victoria Administrate, On the recommendation of the undersigned, the isientzmffirtkrverner, by and with the advice and consent of the Executive Council, orders that the amendments to the Rules of the College of Dental Surgeons of British Columbia as set out in the attached resolution dated December 10, 1999 made by the Council of the College of Dental Surgeons of British Columbia, are hereby approved. Minister of Health and Minister Responsible for Seniors (This

part is for administrative purposes only and is not part of the Order) Authority under which Order is made: Act and section: - Dentists Act,

section 28 Other (specify):- K: \ DA1010 RULESORD.FRM ;3404 3

)iv ()q), Certified a true copy of a resolution passed by the Council of the College of Dental Surgeons of British Columbia on December 10, 1999: Motion: That the Rules made under the Dentists Act be amended to rescind

Article 2.03 Regulatory Quorum as appended. Subject to the approval of the Lieutenant-Governor in Council. Motion: That the current

Article 5 of the Rules under the Dentists Act be replaced with the revised

Article 5 as appended. Subject to the approval of the Lieutenant-Governor in Council. Motion: That the current

Article 7 of the Rules under the Dentists Act be replaced with the revised

Article 7 as appended. Subject to the approval of the Lieutenant-Governor in Council. Certified this 20th day of January, 2000. Dr. velyn M ee, Registrar HJM.69907.1115270.1

1 PROPOSED AMENDMENTS TO

ARTICLE 2:

ARTICLE 2 - COUNCIL 2.01 Meetings and business. Council will meet in person or by way of telephone conference call at least twice in each calendar year. Subject to the Act, council will regulate the calling and conduct of council meetings and the business transacted at those meetings. 2.02 Resolutions in writing.

A resolution in writing signed to signify "yea" by a majority of all members of council or of any committee or panel appointed by council, as the case may be, will be as valid and effective as if it had been passed at a duly called and constituted meeting of council or of any such committee or panel, as the case may be, and for the purposes hereof "majority" shall be that number of members otherwise required to pass the resolution in question under the Act or the Rules. 31,(2), 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 12, 13. 16, 17, 53, 56, 59, 60, 64, 75, 76, 83, 81, and 86 of the 2.034 Deputy Registrars.

Council, from time to time, may appoint deputy registrars to assist the registrar I or to act in the registrar's place if the registrar is absent. The deputy registrars will have the powers, duties and functions assigned to them by the registrar and will have all the powers, duties, and functions of the registrar in the registrar's absence. 104:5. Fidelity insurance. Council will cause the College to maintain fidelity insurance or bonding in respect of its officers and staff in such amounts as council may determine from time to time. 2.054 Seal.

The seal of the College will be in the custody of such persons as council may designate. Only persons who are designated by council may affix the seal to instruments. Every such person must sign every instrument to which he affixes the seal. 2.067 Removal of council member. Except for a member of council appointed by the Lieutenant I Governor in Council, a member of council may be removed from office, before his term expires, as follows: HJM 03456.1078634 ERRORI REFERENCE SOURCE NOT FOUND.

2 (

a) for the purposes of this

Article 2.06.7, the term "body" means dental electoral districts, the general membership at large, the Certified Dental Assistant Society of British Columbia, the British Columbia Dental Hygienists Association, the faculty of dentistry of The University of British Columbia., or the Dental Specialist Society of British Columbia, as the case may be; (

b) at least 10% of all the members in good standing of a body from which a council member was appointed, elected, or selected may petition council in writing for the removal of that council member, or council may recommend, by affirmative vote, that a council member should be removed; (

c) council will then deliver written notice to the body from which the council member concerned was appointed, elected, or selected (except if that body is a dental electoral district or the general membership at large) requiring that body to determine, in such manner as it may deem fit, whether the council member should be removed from office, and to notify council of its decision within 45 days after receipt of council's written notice; (

d) in the case of a dental electoral district or the general membership at large, council will decide forthwith whether the question of removing the council member from office will be decided at a special meeting of that body or by referendum vote; (

e) council will then hold the special meeting or the referendum vote in accordance with this

Article 2.06.7 within the time limit prescribed by council; (

f) the resolution introduced at the special meeting or set forth in the referendum will be: "(name) shall be removed from his office as a member of the council of the College, effective immediately"; (

g) the council member may be removed from office only if at least one-third of the members of the dental electoral district or the general membership at large, as the case may be, who are duly licensed and in good standing vote on the resolution and only if at mast two-thirds of those members vote in the affirmative; and (

h) the procedure for any vote held under this

Article 2.06-7 will be governed, insofar as applicable, by the provisions set forth in the Act and the rules, except that to the extent such procedures are not set forth, the registrar will determine those procedures, and except that the auditors of the College will count the vote, and, the decision of the registrar or of the auditors, as the case may be, will be conclusive and binding on the body concerned, the College, and the council member whose removal is sought. 2.078 Vacancies. If any council iliember vacates the office or is removed from office under

Article 2.067, council will fill the vacancy, for the remainder of the departed member's term by an affirmative vote of at least two-thirds of the council members then present. HJM.03456.1078634 ERRORI REFERENCE SOURCE NOT FOUND.

PROPOSED AMENDMENTS TO

ARTICLE 5

ARTICLE 5 - CODE OF ETHICS 5.01 Purpose. The purpose of this

Article 5 is to give: (

a) a general statement of the principles of honourable conduct which are required of members in their professional and personal lives in order to fulfill their duties to the public, to their patients, to the profession, and to their professional colleagues; and (

b) some specifics of required standards and prohibited actions, as a guide to honourable conduct. It is emphasized that the specifics are only examples of the broad principles upon which members of the profession must appraise and govern their own conduct. 5.02 Broad principles. To uphold and advance the honour and dignity of the dental profession and its high standards of ethical conduct, members must: (

a) be honest and impartial in serving their patients, the public, and their profession; (

b) strive to increase the competence and prestige of their profession; (

c) use their knowledge and skill to improve the health and well-being of their patients and the public; and (

d) respect the dignity and professional status of, and professional relationships with, their colleagues. 5.03 General duties. Every member is charged with the duty to uphold the honour and dignity of the profession of dentistry and to adhere strictly to the principles set forth in this

Article 5. 5.04 Self-government. The profession is given the privilege of self-discipline under the Act and, accordingly, members must understand the Act and the rules and must strictly observe or perform their duties and obligations thereunder. 5.05 Duties to the public. Members, as members of a health profession, owe a duty of service to the public and, in rendering this service, must maintain the highest standards of integrity and ethical behaviour. Service to the public includes, without limitation: (

a) Education. Members are encouraged to educate the public in the promotion of dental health, but presentations for such purposes must he in accordance with generally accepted professional standards and must not contravene

Article 15. (

b) Community activities. In their practices, members have opportunities to meet many people and to :1;ipreciate the interests and problems of a large cross-section of the population. Accordingly, the; are encouraged to take an active interest in community affairs, and particularly to provide leadership in those activities whose purpose is to improve the health and well being of the individual and the community.

(

c) New discoveries and patents. No member may keep secret for private advantage any advance or discovery in any branch of dental science. Such advance or discovery must be made common knowledge, for the advantage of humanity, the profession, and the progress of science, through journals and scientific publications. The lay press is not the proper medium for members to announce new developments or discoveries in dentistry.

Members may patent instruments, appliances, and medicines or copyright publications, methods, and procedures, but members may not obtain a patent or copyright and use it for personal aggrandizement or financial gain to the detriment of the public or the profession. However, receiving a fair financial return for the product of ingenuity will not, in and of itself, be considered contrary to the rules. (

d) False declarations. Members, in their capacity as such, must not make any statement or declaration or sign any certificate or any other document, or induce or permit a patient to sign any certificate or document which they know or ought to know to be untrue, misleading, or otherwise improper. (

e) Reporting actions of registrants. Members must advise the registrar without delay if they have reasonable grounds to believe that a current or former registrant: (

i) has contravened the Act or a rule made under it, (ii) has failed to comply with a limitation, term, or condition imposed under the Act or the rules, (iii) has been convicted in Canada or elsewhere of any offence that, if committed by a registrant would constitute conduct unbecoming a registrant or unprofessional conduct, (iv) has incompetently practised dentistry or carried out the duties and procedures delegated to him as a registrant, (

v) has engaged in conduct unbecoming a registrant, (vi) has engaged in unprofessional conduct, (vii) has failed to comply with an agreement that is binding on him under

Section 8(2) of the Act, or (viii) is suffering from a physical ailment, emotional disturbance, or an addiction to alcohol or drugs that impairs his ability to practise dentistry or carry out the duties and procedures delegated to him. (

f) Criminal Charges. Members shall advise the registrar without delay if they have been charged with an offence under the Criminal ( " de of Canada, R.S.C. 1985, c. C-46, Narcotic Control Act, R.S.C., 1985, c. N-1, or the Food and Drugs Act, R.S.C., 1985, C. F-27. (

g) Discrimination. Members shall not discriminate, coerce or otherwise penalize any person because that person gives evidence or otherwise assists the College in the investigation or determination of a complaint or any other proceeding by the College pursuant to the Dentists Act or the Rules.

5.06 Duties to the patient. The first consideration of members must be the health and welfare of their patients, and to each they must give their utmost in service. Service to patients includes, without limitation: (

a) Personal information confidential. Information about a patient which members may acquire in their practices must be kept in utmost confidence, except as may be necessary to divulge such information in order to protect the welfare of the individual or the community, or as may be required by law, or under the Act or the rules, or in connection with proceedings under

Article 16, or except to the extent the patient has expressly agreed that the member may release specific information. (

b) Dental emergencies. Members have an obligation to consult and to provide treatment to any member of the public or, if they are unavailable, must make alternative arrangements. If members have unlisted residence telephone numbers or will be unavailable then they must make reasonable alternative arrangements for a person requiring emergency dental treatment to be able to consult with another member. A dental emergency exists if a person needs immediate attention to relieve pain or to control infection or bleeding or if a person's health or welfare is otherwise immediately jeopardized. A patient of another member and that patient's member must be informed of conditions found and treated. (

c) Duty to keep knowledge current. All members, for so long as they practise, must keep their knowledge of the art and science of dentistry contemporary and must treat patients in accordance with then current generally accepted professional standards. To this end, members are encouraged to read and learn from professional journals, and attend local dental society meetings, College annual meetings, and such post-graduate courses as may be necessary for those purposes. (

d) Treatment. Members must render treatment only in accordance with then current generally accepted professional standards, except that members may use experimental methods and materials in treatment: (

i) within the bounds of accepted scientific criteria for well-designed experiments such as the human experimental protocols established by The University of British Columbia for research and other studies involving human subjects in effect from time to time, (ii) after obtaining the prior written approval of the hospital services committee, and (iii) in accordance with the requirements set forth in that approval. Members must clearly inform patients treated by experimental means that they are involved in an experiment and of the range and possible results and problems of the experiment. (

c) Consulting on treatment plans. Members may treat patients only when they are qualified by training or experience to carry out the treatment plan. Members must always be willing to check their diagnosis, treatment, and prognosis by consultation with fellow practitioners or specialists in the fields of health sciences pertaining to the case under consideration. Members should be willing to refer a patient when advisable.

(

f) Use of auxiliary personnel. Members must protect the health of their patients at all times by not delegating or referring any duty or procedure to a person who is not qualified to perform such duty or procedure by skill and training, or by licensure if required under the Act or the rules, and by not condoning or being a party to such delegations or referrals. Members must ensure that the actions of all personnel within their employ or control comply with the Act and the rules.

Certified dental assistant registrants must not accept delegation or assignment of any duty or procedure which they are not qualified to perform through lack of appropriate recognized training or licensure where required under the Act or Rules. (

g) Proper records and transfer of records. Members must keep adequate records of their clinical findings, diagnosis, and treatment with respect to each of their patients. When a colleague who is presently treating a patient requests records from another member who has formerly treated the patient, the former member must make copies of those records available to the attending member except if the patient has instructed otherwise. (

h) Fees for services, methods of compensation, and contract practice. Members are entitled to reasonable compensation for their services on a fee for service basis subject to the following: (

i) members may not pay commissions or allow discounts as consideration for patients being referred to them for consultation or treatment, and, without limiting the generality of the foregoing, two or more members may not enter into any arrangement whereby one member receives part of the fee paid to the other or where a composite fee is distributed, by way of commission or discount, (ii) only individual members, or corporations which are approved under

Section 74 of the Act, may charge for services rendered or recover those charges. However, individual members may direct, on their accounts, that the patient remit the fee to a dental group or partnership, to which the member belongs, (iii) members must not decrease fees to any particular patient because that patient does not have a dental plan or similar third party coverage, and must not increase fees to any particular patient because that patient has a dental plan or similar third party coverage, (iv) no member, either directly or indirectly, may participate in any plan, scheme, arrangement, or contract practice, or do anything which might or would: (

A) have the legal or practical effect of fettering, limiting, or interfering with a person's freedom or ability to choose his dentist, (

B) result in compensation for the member's services such that the member would not or would not he likely to render adequate services to a patient, in accordance with then current generally accepted professional standards, or DENTISTS ACT & RULESNARTICLE 5 PROPOSED CHANGES NOV 26.00C

(

C) directly or indirectly yield profits to any controlling lay groups, persons, firms, or corporations, except for corporations approved under

Section 74 of the Act, except that council may grant its prior approval to any of the foregoing in extra-ordinary circumstances. 5.07 Duties to the profession. Members must uphold the honour and integrity of their profession. Duties to the profession include, without limitation: (

a) Advancement of profession. Members are encouraged to support actively the advancement of the profession through local, provincial, and national societies. (

b) Warranties. Members must not warrant or guarantee the success of operations, appliances, or treatment, but must provide the highest standard of care and accept full responsibility for treatment. (

c) Market advocacy. Members must not lend their names or written testimonials, whether for reward or not, to any product or material offered to the public whatever its merits. It is precisely because they are members that their advocacy may have extra market value. 5.08 Duties to dental colleagues. In relationships with their colleagues, members must conduct themselves in a professional and courteous manner. Duties to colleagues include, without limitation: (

a) Judgments. Members may not comment or pass judgment on the qualifications of, or procedures rendered by, other members except: (

i) if such comment is in the best interests of the patient's oral health, and (ii) as set forth in

Article 5.05(e). (

b) Referrals. Where patients have been referred for consultation and treatment, the member to whom they have been referred should render only such consultation and treatment as the referring member has specifically requested. However, members are encouraged to discuss with the patient and with the referring member the consultation and the treatment rendered and any perceived problems. The patient must be referred back to the referring member when the referred service is complete. (

c) Competition. Members must not compete for patients or professional services by methods which would adversely affect the honour, dignity, or prestige of the dental profession. A member maintains his practice by having a well-merited reputation for professional ability and probity. (

d) Competence. Members must not compare their professional competence to that of other members.

5.09 Group dental practice. Group dental practice is the provision of dental services by two or more members working in systematic association with the joint use of equipment or auxiliary personnel or with centralized administration or financial organization. Each member of a dental group must ensure that any acts performed in the name of the group comply with the Act and the rules, and each individual member of the group will be responsible for any unethical or unprofessional activities performed in the name of the group.

PROPOSED AMENDMENTS TO

ARTICLE 7

ARTICLE 7 - SPECIALISTS 7.01

Definitions. In this

Article 7, and otherwise in these rules if the context so requires: (a) "specialty" means any specialty referred to in, or subsequently approved by council under,

Article 7.02; (b) "specialty applicant" means a person who applies to be certified as a specialist under these rules; (c) "specialty examination" means a specialty examination referred to in

Article 7.06(a); (d) "extra-ordinary specialty examination date" means a date prescribed by the specialty examination committee in which a specialty examination will be held other than at the ordinary specialty examination date; (e) "ordinary specialty examination date" means a date prescribed by the specialty examination committee in which a specialty examination will be held; and (f) "specialty examination committee" means the body overseeing the specialty examiners which council appoints pursuant to

Article 7.06. 7.02 Specialties. Council recognizes the following specialties: oral and maxillofacial surgery; orthodontics; endodontics; paediatric dentistry; periodontics; dental public health; prosthodontics; oral pathology; oral radiology; and oral medicine. Council, by resolution, may add to or delete from the list of specialties or may change their designations. 7.03 Titles. A certified specialist will use only the following designation: "Certified specialist in (name of specialty designated by council)." 7.04 Holding out as a specialist.

Only a member who holds a certificate and current licence as a specialist issued under these rules may hold himself out in any way whatsoever either directly or indirectly as a specialist or certified specialist. 7.05 Certification requirements for specialists. Any person who applies to be certified as a specialist, and who meets the other requirements for certification set forth in the Act and in the rules, is eligible for certification if that person: (

a) is registered under the Act; (

b) holds a graduate or post-graduate degree or other qualification acceptable to council, in a specialty which is recognized by council, as at the date that person applies for certification, from a GoatifiEli graduate or post-graduate institute whose specialty programme was approved by the cfuladian—Defital--Ass. Commission on Dental Accreditation of Canada or the Commission on Dental Accreditation of the American Dental Association, as the case may be, at the time the graduate degree or other qualification was issued; (

c) delivers to the registrar: • • • an application to be certified as a specialist, duly completed by the specialty applicant, together with the prescribed fee for certification as a specialist, which the registrar will refund to the specialty applicant if the specialty applicant is not certified as a specialist, (ii) a notarized copy, or other evidence satisfactory to the registrar, of the specialty applicant's graduate degree or other qualification referred to in

Article 7.05(b), and evidence satisfactory to the registrar that the specialty applicant is the person named therein, (i)

2 (iii) certification or other evidence satisfactory to the Registrar from the Royal College of Dentists of Canada that; (

A) the applicant has passed the written component of the Royal College of Dentists of Canada fellowship examination in the relevant specialty, except oral medicine; and.pediatric dentistry, and (

B) the applicant for a pediatric dental specialty has passed the Royal College of Dentists of Canada Fellowship examination in pediatric dentistry, and (BO the applicant has not taken the examination referred to in (

A) or (

B) more than two times. (iv) either an affidavit in prescribed form deposing that: (

A) the specialty applicant's entitlement to practise the applicant's specialty or to practise dentistry has not been suspended or cancelled in British Columbia or in any other jurisdiction at any time, (

B) as at the application date no investigation, review, or proceeding is taking place in British Columbia or in any other jurisdiction which could result in any suspension or cancellation of the specialty applicant's authorization to practise dentistry or the applicant's specialty in such jurisdiction, (

C) the specialty applicant has not contravened this Act or any rule made under it, (

D) the specialty applicant has not been convicted in Canada or elsewhere of any offence that, if committed by a person registered under the Act, would constitute unprofessional conduct or conduct unbecoming a person registered under the Act, (

E) the specialty applicant's past conduct does not demonstrate any pattern of incompetency or untrustworthiness which would make certification as a specialist contrary to the public interest, (

F) the specialty applicant is a person of good character, and (

G) the specialty applicant's entitlement to practise dentistry has not been limited or restricted or had conditions attached thereto in British Columbia or in any other jurisdiction at any time, or other evidence satisfactory to council that the specialty applicant is entitled to be certified as a specialist, (iv) notice of the specialty applicant's intention to take the specialty examination, (vi) the prescribed fee for the specialty examination, and (vii) a deposit to be applied against the cost of any remedial treatment required for patients whom the specialty applicant treats during the specialty examination where the specialty applicant's treatment does not meet a standard acceptable to the examiners, which deposit the registrar will refund to the specialty applicant to the extent the examiners determine it will not be required for such remedial treatment; and

3 (viii) a written authorization, signed by the applicant, to the Royal College of Dentists of Canada, to release information about the written component of the fellowship examinations taken by the applicant in the relevant specialty, except for oral medicine or pediatric dentistry, administered by the Royal College of Dentists of Canada, and; (ix) a written authorization, signed by the applicant, to the Royal College of Dentists of Canada, to release information about the Fellowship Pediatric Dentistry examination taken by the applicant in the relevant specialty, administered by the Royal College of Dentists of Canada, and (

d) passes the College's specialty examination in the applicant's specialty within eighteen months_of passing the written component of the RCDC fellowship examination in the relevant I specialty, except oral medicine. No other person is eligible to be certified as a specialist. 7.06 Pool of Specialty Examiners. Council will appoint from time to time, certified specialists to act as examiners for the specialty examination. 7.07 Specialty examination committee.

Council will appoint members from time to time a-beard of-speeieltiy-eikaminers-to act as the specialty examination committee and a chairman thereof, both to hold office at council's pleasure. The specialty examination committee will from time to time: (

a) prescribe the subjects and criteria to be included in any specialty examination; (

b) obtain such assistance as it may deem advisable to determine a specialty applicant's qualifications; (

c) prescribe the times and places in each year in which a specialty examination will be held; (

d) designate examiners and substitutes for each specialty examination, and, if the specialty examination committee deems it advisable, appoint a chief examiner from time to time from outside British Columbia; (

e) determine the passing mark for each specialty examination; and (

f) carry out such other powers, duties, and functions as council delegates to it under these rules. 7.07 Patients and supplies. Each specialty applicant will furnish all patients, materials, and equipment required for his specialty examination, as required by, and satisfactory to, the specialty examination committee and his examiners. 7.08 Reporting, appealing, and reviewing marks. The examiners who conduct any specialty examination will report the results thereof for each specialty applicant to the registrar within four calendar days after the date of the specialty examination.

The registrar will mail each specialty applicant's results to him at the address shown on his application. Specialty applicants may telephone the registrar to obtain their results. Within 30 calendar days after the date of mailing a specialty applicant's results, (and whether or not the specialty applicant has received his written results by mail), the specialty applicant may, upon payment of the applicable fee set out in Appendix 4, appeal the results to the specialty examination committee, and that committee will then review the results and either amend or affirm them.

The specialty examination committee will report its decision to the registrar. The registrar will then comply with

Section 30(2) and (3) of the Act and will also declare and publish the results of such specialty examination and report the results of any appeal to any specialty applicant who appealed. 7.09 Re-examination. An applicant who has failed a specialty examination on one occasion may apply again under

Article 7.05 to take a further specialty examination and subject to compliance

4 with those provisions, he shall be entitled to do so. The specialty examination committee may, acting in the course of an appeal under

Article 7.08, permit the applicant: (

a) to undertake any further specialty examination without cost; or (

b) who has failed the specialty examination on a second occasion, to take the specialty examination once more, so long as the specialty examination committee is of the opinion that the applicant failed the specialty examination for reasons beyond his control. 7.10 Further re-examination. Subject to

Article 7.09, an applicant who has failed a specialty examination twice may not take a further specialty examination except if he: (

a) undertakes further study which is satisfactory to council; or (

b) otherwise satisfies council that he should be permitted to take a further specialty examination by reason of extraordinary circumstances, and he applies again under

Article 7.05. 7.11 Improper conduct. If, in an examiner's opinion, a specialty applicant conducts himself improperly during the course of any specialty examination, he will be disqualified from further participation in that or any other specialty examination, except with the consent of the specialty examination committee.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 467/2000
Type	order_in_council
Volume / chapter	arc oic 0467 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	55a276811c05d13152a5e4a8155c05819d202838

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