Bill 44 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 44 Dental Disciplines Act Mrs. Mirosh (Legislature 22, Session 2)

L22 S2 2719

Alberta — Bills

1990 BILL 44 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 44 DENTAL DISCIPLINES ACT MRS. MIROSH First Reading Second Reading Committee of die Whole Third Reading Royal Assent

Bill 44 Mrs. Mirosh BILL 44 1990 DENTAL DISCIPLINES ACT (Assented to , 1990) Table of Contents

Definitions 1

Part 1 Dental Disciplines Dental hygienist 2 Dental techrucian 3 Registered dental assistant 4 Designated dental discipline 5 Injunction 6

Part 2 Associations Associations Coimcil Composition of Coimcil

Part 3 Registration Registrar Register Duties of Registrar Application for registration in Association Authority of Universities Co-ordinating Coimcil Committee to include dentist Application for registration Registration Annual certificate 7 8 9 10 11 12 13 14 15 16 17 18

Part 4 Suspension and Cancellation Suspension and cancellation ^^ Cancellation by request ^0 Cancellation ^* Return of certificate and suspmsion of use of title 22 Duty of Registrar 23 Notice to Minister 24 Falsely obtained registration 25 Misrepresentation of status 26 Parts Practice Review Practice Review Board 27 Duties of die Board 28 Duties on conclusion of inquiry or review 29

Part 6 Discipline

Interpretation 30 Discipline Committee 31 Unskilled practice or professional misconduct 32 Complaint 33 Preliminary investigation 34 Report of preliminary investigation 35 Referral to Discipline Committee 36 Notice 37 Complainant's appeal to Discipline Committee 38 Suspension pending decision 39 Ri^ts of investigated person 40 Hearing 41 Further investigation 42 Evidence before Discipline Committee 43 Witnesses 44 Attendance of witnesses and production of documents 45 Failure to attend or give evidence 46 Hearing in absence of investigated person 47 Findings of Discipline Committee 48 Orders of Discipline Committee 49 Payment of costs and fine 50 Written decision 51 Service of decision and record of hearing 52 Examination of record 53 Rehearing 54 Stay pending appeal 55 Appeal to Council 56 Notice and hearing of appeal 57 Council's powers on appeal 58 Appeal to Court 59 Appeal on the record 60

Power of Court on appeal ^1

Part 7 Dental Discipline Governing Boards and die Dental Disciplines Advisory Committee

Definitions 62 Boards established 63 Audiority of a Board 64 Termination and re-establishment of a Board 65 Dental Disciplines Advisory Committee established 66 Audiority of Committee 67 Meetings 68 Supplies and services 69 Annual report 70

Part 8 General Recognition of order, direction or decision 71 Service of documents 72 Certificate of Registrar 73 Protection from liability 74

Part 9 Regulations and By-laws Regulations By-laws

Part 10 Penalties Penalties

Part 11 Transitional, Repeal and Commencement Registration of dental technician continued Registration of dental hygieiust continued Registration of certitied intra oral dental assistant continued Services continued Officers continued Application continued Complaint or proceedings continued Consequential Repeal Coming into force 75 76 77 78 79 80 81 82 83 84 85,86 87 88

HER MAJESTY, by and witii die advice and consent of die Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In dlis Act, (a) "approved dental program" means a dental program referred to in

section 14(3) or designated as an approved dental program under

section 14(l)(a); (b) "Association" means (

i) an association established or continued under

section 7, or (ii) an association established under

section 5(2)(a); (c) "by-laws" means by-laws of an Association made under

section 76; (d) "Council" means the Council of an Association; (e) "dental discipline" means (

i) dental hygiene, (ii) dental technology, (iii) dental assisting, or (iv) a discipline that is designated by die Lieutenant Govemor in Council as a designated dental discipline under

section 5(1); (f) "dental hygienist" means a person who is registered as a member of die Alberta Dental Hygienists' Association; (g) "dental technician" means a person who is registered as a member of die Alberta Society of Registered Dental Technicians; (h) "dentist" means a licensed member as defined in die Dental Profession Act; (i) "DiscipUne Committee" means a Discipline Committee established under diis Act; 0) "Nfinister" means die member of die Executive Council charged by die Lieutenant Govemor in CouncU widi the admimsti-ation of diis Act;

(k) "Practice Review Board" means a Practice Review Board established under diis Act; (1) "registered dental assistant" means a person who is registered as a member of the Alberta Dental Assistants Association; (m) "Registi-ar" means a Registi-ar appointed under

section 10; (n) "regulations", except where the context indicates odierwise, means regulations of a Council made under

section 75; (o) "Universities Co-ordinating Council" means the Universities Co-ordinating Council established under the Universities Act. PART1 DENTAL DISCIPLINES Dental hygienist 2(1) No pcrson exccpt a dental hygienist shall (

a) use die tide "dental hygienist" or "registered dental hygienist" or any odier titie or an abbreviation of those words alone or in combination with any other word, or (

b) use die initials "D.H." or "R.D.H." or any odier initials either alone or in combination with any other word, letter, symbol, initial or abbreviation, except when designating a diploma or other qualification, to represent expressly or by implication that the person is a dental hygienist, or use any titie, name, description, abbreviation, letter or symbol representing the titie "dental hygienist" or "registered dental hygienist" or die initials "D.H." or "R.D.H.".

(2) No person except a dental hygienist shall represent or hold out expressly or by implication that he is a dental hygienist.

(3) A dental hygienist may, under the supervision of a dentist, engage in the practice of dental hygiene as defined in the regulations. ^^. 3(1) No person except a dental technician shall (

a) use the titie "dental technician" or "registered dental technician" or any other titie or an abbreviation of those words alone or in combination with any other word, or

(

b) use die initials "D.T." or "R.D.T." or any otiier initials either alone or in combination with any odier word, letter, symbol, initial or abbreviation, except when designating a diploma or other qualification, to represent expressly or by implication that the person is a dental technician, or use any titie, name, description, abbreviation, letter or symbol representing die titie "dental technician" or "registered dental technician" or die initials "D.T." or "R.D.T.". Rtgistend dental assistant

(2) No person except a dental technician shall represent or hold out expressly or by implication that he is a dental technician.

(3) Subject to subsection (4), a dental technician may engage in the practice of dental technology as defmed in die regulations.

(4) The services provided by a dental technician, except die repair of removable dental appliances, may be provided only pursuant to a prescription. 4(1) No person except a registered dental assistant shall (

a) use die titie "registered dental assistant" or any other title or an abbreviation of those words alone or in combination with any other word, or (

b) use die initials "R.D.A." or any other initials eidier alone or in combination with any other word, letter, symbol, initial or abbreviation, except when designating a diploma or odier qualification, to represent expressly or by implication tiiat die person is a registered dental assistant, or use any titie, name, description, abbreviation, letter or symbol representing the titie "registered dental assistant" or die initials "R.D.A.".

(2) No person except a registered dental assistant shall represent or hold out expressly or by implication diat he is a registered dental assistant.

(3) A registered dental assistant may, under the supervision of a dentist, engage in die practice of dental assisting as defined in die regulations. SSpiine !^^? '^^ Lieutenant Govemor in Council may, by regulation, designate a disciphne as a designated dental discipline.

(2) If a designation is made under subsection (1), die Lieutenant Govemor in Council shall, by regulation,

Injunction Associations Council (

a) establish an Association for the designated dental discipline and specify die name of die Association, and (

b) specify a titie and initials diat may be used only by members of die Association established under clause (a).

(3) An Association established under subsection (2)(

a) is a corporation consisting of the persons who are entitied to practise the designated dental disciphne.

(4) No person except a member of an Association estabUshed under subsection (2)(

a) shall use the titie and initials specified under subsection (2)(b), either alone or in combination with any other word, letter, symbol, initial or abbreviation, to represent expressly or by implication that the person is a member of the Association.

(5) A member of an Association established under subsection (2)(

a) may engage in the practice of the designated dental discipline as defined in the regulations under

section 75. 6 The Court of Queen's Bench, on application by a Council by way of originating notice, may grant an injunction enjoining any person from doing any act that contravenes this Part, notwithstanding any penalty that may be provided by this Act in respect of that conti-avention.

PART 2 ASSOCIATIONS 7(1) There is hereby established a corporation to be called the "Alberta Dental Hygienists' Association".

(2) There is hereby estabUshed a corporation to be called the "Alberta Association of Dental Technicians".

(3) The Alberta Dental Assistants Association is hereby continued as a corporation.

(4) The Lieutenant Govemor in Council may, by order, change die name of an Association after consultation with the Association.

(5) An Association has the capacity and, subject to this Act, die rights, powers and privileges of a natural person. 8(1) There is hereby established for each Association a governing body caUed the Council.

(2) A Council shall manage and conduct die business and affairs of die Association and exercise die rights, powers and privileges of die Association in die name of and on behalf of die Association.

(3) A Council shall submit to die Minister in a form satisfactory to him an annual report on die matters of die business and affairs of die Association that the Minister requires.

(4) The Minister shaU, on receipt of the annual report of an Association, lay it before the Legislative Assembly if it is dien sitting, and if it is not then sitting, widiin 15 days after die commencement of the next ensuing sitting. Composition of 9(1) The Council of an Association shall consist of Council (

a) not fewer than 7 members of that Association elected in accordance with the by-laws of that Association, (

b) ex officio members elected in accordance with die by-laws of tiiat Association, and (

c) when die number of elected members of the Council does not exceed 10, not fewer dian 2 members of the public, or when the number of elected members of the Council is more than 10, not fewer dian 3 members of the public, who shall be appointed by the Minister after consultation with the elected members of the Council.

(2) A member of a Council appointed under subsection (l)(

c) may hold office for not more than 6 consecutive years.

(3) The Minister shall pay to a member of a Council appointed under subsection (l)(

c) fees, and travelUng and Uving expenses incurred by that member for attendance at a meeting of die Council while away from his usual place of residence at rates set by die Minister.

(4) The Minister may revoke die appointinent of a member of a Council appointed under subsection (l)(c).

(5) The powers, duties and operations of a Council are not affected by (

a) die fact that no member is appointed under subsection (l)(c). (

b) die revocation of tiie appointinent of a member of tfie pubUc, or (

c) die resignation from die Council of a member of die public.

(6) The failure of a member of a CouncU appointed under subsection (l)(

c) to attend a meeting of the CouncU shall not be construed as affecting or restiicting the CouncU in exercising any powers or performing any duties at diat meeting.

(7) The elected members of a CouncU shaU elect from among themselves die officers specified in die by-laws of that Association in die manner and for the term prescribed by die by-laws.

(8) An ex officio member of a Council does not have voting rights on the CouncU.

PART 3 REGISTRATION Registrar -[Q The CouncU of an Association shall appoint a Registiar for tiie purposes of this Act RegistCT 11 The CouncU of an Association shaU establish a register of members of the Association. Duties of Registrar 12(1) The Registirar of an Association shaU maintain, subject to the direction of die Council of the Association, a register of members of die Association. Applicatioi for registration in Association

(2) A Registi-ar shaU, during regular office hours, permit any person to inspect the register described in subsection (1). 13(1) The Registrar of an Association shaU consider an application for registration as a member of the Association, and ShaU (

a) approve the registration if the applicant meets the requirements set out in

section 16, (

b) refuse to approve the registration, or (

c) defer die approval of registi-ation until die appUcant has obtained fiirther experience of a kind and for a period set by the Registrar in accordance witii the regulations.

(2) The Registi-ar shall, widiin 60 days of receiving an application for registi-ation, send to the appUcant a written notice of the decision made by him.

(3) If die decision of die Registiar is to refuse or defer registi-ation of die applicant, the Registi-ar shaU send to the appUcant written reasons for die decision.

Autiiority of Universities Co-ordinating Council

(4) An applicant whose appUcation for registi-ation is refused or deferred may, widiin 30 days of receiving a notice of refusal or deferral, request die CouncU to review die application by serving on die Registirar a written request for a revievy by die CouncU setting out die reasons why, in his opinion, his application for registiation as a member of die Association should be approved.

(5) On receipt of a request for a review, the CouncU shall notify the appUcant of the date, place and time at which the CouncU wiU review die appUcation.

(6) A review of an application shaU be commenced not later dian 60 days after die Council receives the request for a review.

(7) An appUcant is entitied to appear with counsel and make representations to die CouncU at die review of his appUcation.

(8) On reviewmg an application under this section, die CouncU may make any decision die Registi-ar could have made. 14(1) The Universities Co-ordinating CouncU (

a) may grant to and withdraw from an academic institution the designation "approved dental program", and (

b) shall set the term of practical experience to be completed by applicants for registration in each Association, if any.

(2) A grant or withdrawal of a designation under subsection (l)(

a) and a term of practical experience set under subsection (l)(

b) are subject to die approval of die Lieutenant Govemor in CouncU.

(3) For a period of 2 years after diis Act comes into force, die dental programs tiiat exist in Alberta on die date this Act comes into force for die training of persons who apply to become members of a dental discipUne are deemed to be approved dental programs.

(4) The Universities Co-ordinating CouncU may (

a) set or administer a registi-ation examination for each Association, or (

b) enter into an agreement widi an Association to aUow die Association to set or administer a registi-ation examination for that Association. Se^St ]^ Acommitteeappomtedundersection64(2)ofdieC/mver«ft« Act to carry out a duty, power or function of die Universities Co- ordmating CouncU under diis Act shall mclude one dentist 10

Ai^lication for registration 16(1) An application for registi-ation as a member of an Association shall be approved by the Registiar of the Association if die appUcant (

a) produces documentation satisfactory to die Registi-ar diat shows that (

i) die applicant is a graduate of an approved dental program, or (ii) the Universities Co-ordmating CouncU is satisfied diat the applicant's academic quaUfications are substantially equivalent to the qualifications required for graduation from an approved dental program, (

b) has completed the term of practical experience required by the Universities Co-ordinating Council, if any, (

c) has passed the examination set or administered by the Universities Co-ordinating CouncU or the Association, if any, and Registration (

d) meets the character and other requkements prescribed in the regulations of the Association.

(2) Notwithstanding subsection (1), the Registrar of an Association referred to in

section 7(1) or (3) shall approve an appUcation for registration as a member of the Association if the appUcant (

a) produces documentation satisfactory to tiie Registiar diat shows that die appUcant was eUgible for membership in the Association on September 1, 1990, and (

b) applies for registi-ation as a member of die Association widiin 2 years after this Act comes into force.

(3) Notwithstanding subsection (1), the Registrar of the Alberta Association of Dental Technicians shall approve an appUcation for registiation as a member of die Association if die appUcant (

a) is at the time this Act comes mto force registered by the Dental Technicians Board as a dental technician, and (

b) applies for registiation as a member of die Association widiin 2 years after diis Act comes into force. 17(1) The Registi-ar of an Association shaU enter in tiie register of members of the Association the name of a person 11

Annual certificate Suspension and cancellation (

a) whose application for registiation as a member has been approved under this Act, and (

b) who has paid die fees prescribed m die by-laws of die Association.

(2) On entering die name of a person in die register of members, die Registi-ar shall issue a certificate of registiation to him. 18(1) A member of an Association shall pay the annual fee prescribed in die by-laws of the Association to die Registi-ar of die Association or to any person audiorized by the Registiar to accept payment of the fee.

(2) The Registiar of an Association shaU issue an annual certificate in the form prescribed in the by-laws of die Association to a member of the Association (

a) whose registi-ation is not under suspension or cancelled, (

b) who meets any requirements or conditions for die issuance of an annual certificate prescribed m the regulations of die Association, and (

c) who has paid the fees prescribed in the by-laws of die Association.

(3) Subject to dlis Act, an annual certificate entities the holder to practise the dental discipUne referred to on die annual certificate during the year for which the annual certificate is issued.

PART 4 SUSPENSION AND CANCELLATION 19(1) The certificate of registiation or annual certificate of a member of an Association is suspended when a decision to suspend the certificate of registiation or annual certificate is made in accordance with diis Act.

(2) A Registiar shall, after a decision to suspend a certificate of registi-ation or an annual certificate has been made, enter a memorandum of die suspension in die register, indicating (

a) die period of die suspension, and (

b) die reason for the suspension.

(3) The certificate of registi-ation or annual certificate of a member of an Association is cancelled when a decision to cancel the 12

certificate of registiation or annual certificate is made in accordance widi diis Act.

(4) A Registiar shall, after a decision to cancel a certificate of registration or an annual certificate has been made, enter a memorandum of the cancellation in the register, indicating (

a) die date of die cancellation, and (

b) die reason for the canceUation. Cancellation by request Cancellation

(5) A Registiar shall not remove from the registers any memorandum made by him under subsection (2) or (4) except in accordance with die by-laws. 20(1) The Registrar of an Association shaU not cancel the registration of a member of the Association at the request of die member unless the request for die canceUation has been approved by the CouncU of the Association.

(2) When a request for the canceUation of a registi-ation is approved by the CouncU, the Registiar shall cancel that registiation and enter a memorandum to that effect in the register. 21(1) The Council of an Association may direct the Registrar of the Association to cancel, in accordance widi subsection (2), the certificate of registiation or annual certificate of a member of the Association who defaults in the payment of any fee, penalty, cost, dues or levy payable under this Act, die regulations or the by-laws.

(2) The Registiar may cancel a certificate of registiation or annual certificate if the default referred to in subsection (1) continues for more dian 30 days after the service on the member of a notice in accordance with subsection (3).

(3) The notice under subsection (2) shaU state diat die Registtar may cancel a certificate of registtation or an annual certificate unless the fee, penalty, cost, dues or levy is paid as indicated in the notice.

(4) A Council may dfrect die Registiar, subject to any conditions respecting the payment of arrears and any reinstatement fee diat the Council may prescribe, (

a) to reinstate in die register a registration diat was canceUed under subsection (1), and (

b) to re-issue a certificate of registiation or an annual certificate, as the case may be. 13

Retiirnof certificate and suspension of use of titie

(5) The CouncU of an Association may direct die Registi-ar of die Association to cancel a registration made in error. 22(1) If die certificate of registiration or annual certificate of a member of an Association has been canceUed under this Act, die member shall surrender to the Registirar of the Association die certificate of registiation or annual certificate, as the case may be.

(2) If die certificate of registiation or annual certificate of a member of an Association has been suspended under this Act, die member shall not during the period of the suspension use the tides or initials that are referred to in

Part 1. Duty of Registrar 23 If the registiation of a member of an Association has been suspended or cancelled or if the practice of a member of an Association has been Umited by a Practice Review Board, Discipline Committee, Council or Court of Appeal, the Registiar of the Association shall notify the employer of the member of die suspension, canceUation or Umitation. Notice to Ministn Falsely obtained registration Misrepresent ation of status 24 The Registiar of an Association shall notify the Minister in writing forthwith on (

a) the canceUation or suspension of the certificate of registiation or annual certificate of a member of die Association, and (

b) the reinstatement or odier termination of suspension of a cancelled or suspended certificate of registi-ation or annual certificate. 25(1) If a CouncU is satisfied, after a hearing on die matter, fliat a registration in a register estabUshed under diis Act was obtained by means of any false or fraudulent representation or declaration, eitiier oral or written, tiie Council may order diat die registiation be cancelled, and die certificate of registiation or annual certificate, as die case may be, shaU be surrendered to the Registiar.

(2) Part 6 applies to a hearing held by a CouncU under subsection 26 The conduct of a member of an Association who is or was registered under diis Act and who represents or holds out diat he is registered and in good standing whUe his registiation is suspended or cancelled constitutes professional misconduct. 14

PARTS PRACTICE REVIEW Practice Review Board Duties of the Board 27 The Minister may by order in writing estabUsh for each Association a Practice Review Board consisting of not fewer than 4 members of the Association appointed by the CouncU of the Association in accordance with die by-laws of the Association. 28(1) If the Mmister estabUshes a Practice Review Board for an Association, die Minister shaU, in writing, assign eidier or bodi of the foUowing duties to that Practice Review Board: (

a) the duty to, on its own initiative and at die request of the CouncU of die Association, inquire into and report to and advise the Council in respect of (

i) die assessment and development of educational standards and experience requirements that are conditions precedent to continuing registiation under this Act in diat Association, (ii) the evaluation of desirable standards of competence of members of diat Association generally, (iU) any odier matter that the Practice Review Board from time to time considers necessary or appropriate in connection with the exercise of its powers and the performance of its duties in relation to competence in die practice of die dental discipline practised by members of that Association under this Act and die regulations, and (iv) the practice generaUy of die dental discipline practised by the members of the Association; (

b) the duty to conduct, in accordance with diis Act and the regulations, a review of the practice of a member of that Association.

(2) Sections 43 to 47 apply to any matter referred to or initiated by a Practice Review Board as if diat Board were die DiscipUne Committee of that Association. Duties on conclusion of inquiry or review 29(1) After each inqmry or review under

section 28, tiie Practice Review Board of an Association (

a) shall make a written report to die CouncU of die Association respecting die inqufry or review and, where appropriate, its decision. 15

(

b) may make recommendations to die CouncU of die Association respecting the matter inqmred into or reviewed, with reasons for die recommendations, (

c) may make recommendations to a member of die Association as to his conduct in die practice of die dental discipUne, and (

d) if it is of die opinion that the conduct of a member of die Association constitutes or may constitute either unskiUed practice of the dental discipUne practised by members of die Association or professional misconduct within the meaning of

section 32, (

i) shall forthwith refer the conduct to die Registrar of the Association for an inquiry under

Part 6, and in such a case the Registiar shall deal widi the referral as if it were a complaint, and (ii) may, if it makes a referral under subclause (i), recommend to the president of the Association that the certificate of registiation or annual certificate, or both, of die member of the Association be temporarily suspended pending die outcome of proceedings under

Part 6.

(2) On receiving a recommendation under subsection (l)(d)(U), die president may suspend die certificate of registration or annual certificate accordingly.

(3) The member of die Association affected by a suspension under subsection (2) may, by fiUng an originating notice widi die Court of Queen's Bench and serving a copy on die chairman of die Practice Review Board of the Association, apply for an order of die Court staying die decision of die president.

PART 6 DISCIPLINE

Interpretation 30(1) In tilis Part, (a) "chairman" means die chafrman of die DiscipUne Committee and includes a vice-chairman; (b) "complaint" means a complaint made m writmg about conduct or alleged conduct, signed by die person making it; (c) "conduct" includes any act or omission; (d) "investigated person" means 16

Committee (

i) a member of an Association, or (ii) in a case to which

section 33(3) appUes, a former member of an Association, with respect to whose conduct an investigation or hearing is held under diis Part.

(2) The Registrar, CouncU and DiscipUne Committee of an Association and the Association may exercise thefr powers and duties under this Part only in respect of a member of that Association and not in respect of a member of any other Association. DUc^ime 31(1) There is hereby estabUshed for each Association a Disciplme Committee consisting of (

a) not fewer dian 4 members of the Association appointed by the CouncU of die Association in accordance widi the by-laws of the Association, and (

b) not fewer dian one member of the public appointed by the Minister.

(2) A member of a DiscipUne Committee appointed under subsection (l)(

b) may hold office for not more than 6 consecutive years.

(3) The Minister shaU pay to the member of a DiscipUne Committee appointed under subsection (l)(

b) fees and traveUing and living expenses incurred by diat member for attendance at a hearing of the Committee away from his usual place of residence at rates set by the Minister.

(4) The Minister may revoke the appointment of the member of a DiscipUne Committee appointed under subsection (l)(b).

(5) The powers, duties and operations of a Discipline Committee are not affected by (

a) die fact that no member is appointed under subsection (l)(b). (

b) die revocation of the appointment of a member of tiie pubUc, or (

c) die resignation from a Discipline Committee of a member of die public.

(6) The faUure of die member of a Discipline Committee appointed under subsection (l)(

b) to attend a meeting of the 17

Unskilled practice or professional misconduct Complaint Preliminary investigation Committee shall not be constiiied as affecting or restiicting die Committee m exercising any powers or performmg any duties at that meeting. 32(1) Any conduct of a member of an Association diat, in die opinion of the Discipline Committee, (

a) is detiimental to die best interests of the pubUc, (

b) conti:avenes diis Act or die regulations, (

c) harms or tends to harm the standing of the dental discipUne practised by members of the Association generally, or (

d) displays a lack of knowledge of or lack of skiU or judgment in die practice of die dental discipline practised by members of die Association, whedier or not diat conduct is disgraceful or dishonourable, may constitute eidier unskiUed practice of the dental discipUne or professional misconduct, whichever the Discipline Comnuttee finds.

(2) If an investigated person contiavenes diis Act or die regulations or by-laws of die Association of which he is a member and die conti-avention is, in die opinion of the DiscipUne Committee, of a serious nature, the contravention may be found by the Discipline Committee to be professional misconduct whedier or not it would be so found under subsection (1). 33(1) A person may make a complaint to the Registiar of an Association about die conduct of a member of die Association and the complaint shall be dealt with in accordance with this Part and die regulations.

(2) A complaint under subsection (1) shall be accompanied by an address for service for die complainant.

(3) A complaint respecting die conduct of a member of an Association whose certificate of registration or annual certificate, as die case may be, has been canceUed or suspended pursuant to dlis Act may, notividistanding die cancellation or suspension, be dealt widi widiin 5 years following die date of canceUation or suspension as if die canceUation or suspension had not occurred. 34 The Registi-ar of an Association (

a) shall, in a case where a complaint is made tt) him under

section 33, fordiwidi on receipt of die complamt, or 18

Report of preliminary investigation Reforalto Discipline Committee (

b) may, in a case where he beUeves the conduct of a member of the Association constitutes or may constitute unskiUed practice of the dental discipline practised by members of the Association or professional misconduct, commence or appoint a person or persons to commence a preliminary mvestigation into the conduct of die member, and shall notify the member that a preUminary investigation into his conduct wiU be conducted, giving reasonable particulars of die matter to be investigated. 35(1) A person conducting a prelmiinary investigation may (

a) request any person to answer any questions and to produce to him any models, charts, documents, papers, notes, records, radiographs and otiier materials and tilings relevant to the investigation, and (

b) copy and keep copies of any of the tilings that are produced to hun under clause (a).

(2) A person conducting a preUminary investigation may investigate any other matter related to the professional conduct or skiU in practice of the investigated person that arises in the course of die investigation.

(3) If a member of an Association does not co-operate with a person conducting a prelimmary investigation, the person conducting the preUminary investigation may make a complaint in writing to the DiscipUne Committee of the Association, and the faUure or refusal to co-operate may be held by the DiscipUne Committee to be professional misconduct.

(4) A person conducting a preliminary mvestigation shaU, forthwith on concludmg the preUminary investigation, report his findings to (

a) the Registiar of the appropriate Association, if the Registrar is not conducting the preUminary investigation, or (

b) a member of the Discipline Committee of tiie appropriate Association, if die Registiar is conducting the preliminary investigation. 36 The Registi-ar or die member of die Discipline Committee to whom a report is provided under

section 35(4) shall fordiwidi (

a) direct that no furdier action be taken, if he is of the opmion diat 19

(

i) die complaint is frivolous or vexatious, or (ii) tiiere is insufficient evidence of unskUled practice of a dental discipUne or professional misconduct. or (

b) refer the matter under investigation m writing to die Disciplme Committee. Notice 37 The Registiar or die member of die Disciplme Committee shaU serve on die investigated person and on the complainant, if any, a notice diat no furdier action wUl be taken or tiiat die matter has been referred to the DiscipUne Committee, as die case may be. Complainant's 38(1) A Complainant who is served with a notice under

section 37 SSiSe ^^^ "° furdier action wUl be taken may, widiin 30 days of die Committee receipt of tiic uoticc, by notice in writing to the Registiar, request a review of diat dU-ection by the Discipline Committee.

(2) On receipt of a request under subsection (1), the DiscipUne Committee shall determine whether (

a) the complaint is frivolous or vexatious, or (

b) diere is sufficient evidence of unskiUed practice or professional misconduct to warrant the matter under investigation being the subject of a hearing, and shall notify the complainant and the investigated person in writing of its decision.

(3) Before coming to a decision under subsection (2), die Discipline Committee shall invite die complamant and die investigated person to attend before die Committee and make representations to it. Suspension pending decision 39(1) Notwidistanding anydiing in diis Act, die chamnan may recommend to die president of die Association tiiat die certificate of registi-ation or annual certificate, or bodi, of die investigated person be temporarily suspended pending die outcome of proceedings under diis Part, and die president may suspend die certificate of registiation or annual certificate accordmgly.

(2) An investigated person who is affected by a suspension under subsection (1) may, by fiUng an originating notice witii die Court ot gueen s Bench and serving a copy on die chairman, apply for an order staymg die decision of die presidem. 20

Rights of investigated person 40(1) The Association and the investigated person may appear and be represented by counsel at a hearing before the DiscipUne Committee. Hearing

(2) The Discipline Committee may be represented by counsel at a hearing before die Committee.

(3) A hearing before die Discipline Committee shall be open to the pubUc unless (

a) the complainant requests that the hearing be held in private because of the confidential nature of die matters to be heard, or (

b) in die opinion of the DiscipUne Committee, the interests of any person other than die investigated person would be detrimentally affected if the hearing were not held in private. 41(1) On referral to it of a matter under

section 36(

b) or on determining under

section 38(2)(

b) diat a hearing should be held, the Discipline Committee shall hold a hearing.

(2) A hearing under subsection (1) shaU be commenced within 90 days after the date on which the matter is referred to the DiscipUne Committee or the date that the determination that a hearing should be held is made, or within such odier period as may be prescribed by the CouncU.

(3) The Registrar shaU serve on the investigated person at least 15 days before die date set for the hearing a notice of the hearing stating the date, time and place at which the DiscipUne Committee wiU hold a hearing and giving reasonable particulars of the matter in respect of which the hearing wiU be held. 42 If any otiier matter conceming the conduct of the investigated person arises in the course of a preliminary investigation or hearing, the DiscipUne Committee may investigate and hear the matter, but in that event die Discipline Committee shall declare its intention to hear the further matter and shall permit the investigated person reasonable opportunity to prepare his answer to the further matter.

Evidence before 43(1) Evidence may be given before the Disciplme Committee in cSiSs ^"y manner that the Discipline Committee considers appropriate, and the Disciplme Committee is not bound by the mles of law respecting evidence appUcable to judicial proceedings.

(2) For the purposes of an investigation, hearing or review under this Act, die Registrar, a person appointed by him under

section 34 and the members of the (CouncU, die DiscipUne Committee and the Furthra- investigation 21

Witnesses Attendance of witnesses and production of documents Practice Review Board are conferred widi tiie powers of a commissioner for oadis under the Commissioners for Oaths Act. 44(1) The investigated person and any odier person who, in die opinion of die Discipline Committee, has knowledge of die matter bemg heard are compellable wimesses m any proceeding under this Part.

(2) A wimess may be examined under oadi on aU matters relevant to the mvestigation or hearing before the Discipline Committee and shaU not be excused from answering any question on the ground that die answer might tend to (

a) incriminate him, (

b) subject him to punishment under this Act, or (

c) establish his liability (

i) to a civil proceeding at the instance of the Crown or of any odier person, or (ii) to prosecution under any Act, but if the answer so given tends to incrimmate him, subject him to punishment or estabUsh his UabUity, it shaU not be used or received against him m any civU proceedings, in a prosecution under this Act or in any proceeding under any other Act, except in a prosecution for or proceedings in respect of perjury or die givmg of contiadictory evidence.

(3) For the purpose of obtaining the testimony of a wimess who is out of Alberta, a judge of die Court of Queen's Bench on an application made ex parte by the Association may dUect the issuing of a commission to obtain the evidence of the wimess, and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court. 45(1) The attendance of wimesses before die DiscipUne Committee and die production of models, charts, documents, papers, notes, records, radiographs and odier materials and dungs may be enforced by a notice issued by the Registiar requmng die wimess to attend and stating die date, time and place at which die wimess is to attend and die models, charts, documents, papers, notes, records, radiographs and odier materials and things, if any, diat die wimess is required to produce.

(2) On die written request of die investigated person or of his counsel or agent, die Registiar shall, widiout charge, issue and deUver \o diat person or his counsel or agent any notices diat die 22

Failure to attend or give evidence person requires for the attendance of wimesses or for production of any item under subsection (1).

(3) A wimess, other than die investigated person, who has been served with a notice to attend or a notice for production under subsection (1) or (2) is entitied to be paid die same fees as are payable to a wimess m an action m the Court of Queen's Bench. 46(1) Proceedings for civU contempt of court may be brought against a wimess (

a) who faUs (

i) to attend before the Discipline Committee in compUance witii a notice to attend, or (ii) to produce any models, charts, documents, papers, notes, records, radiographs and other materials or things in compUance with a notice to produce them. or Hearing in absence of invest person Findings of Discipline Committee Orders of Discipline Committee (

b) who refuses to be swom or to answer any question he is directed to answer by the Discipline Committee.

(2) The chairman of the Discipline Committee may make a complaint widi respect to the failure or refusal under subsection (1) of a witness who is a member of an Association, and the faUure or refusal may be held to be unprofessional conduct 47 The Discipline Committee, on proof of service of the notice of hearing on the mvestigated person in accordance with this Act may (

a) proceed with the hearing m the absence of the investigated person, and (

b) act and decide on the matter being heard in the same way as if the investigated person were in attendance. 48 The DiscipUne Committee may find that the conduct of an investigated person constitutes or does not constimte unskiUed practice of a dental discipUne or professional misconduct, or both. 49(1) If the DiscipUne Committee finds tiiat die conduct of an investigated person constitutes unskilled practice of a dental discipUne or professional misconduct, or botii, the DiscipUne Committee may make one or more of die following orders: (

a) reprimand die mvestigated person; 23

(

b) suspend die certificate of registi-ation or annual certificate, or bodi, of die investigated person eidier generally or widi respect to any field of die practice of die dental discipline for a stated period; (

c) suspend die certificate of registiration or annual certificate, or bodi, of die investigated person eidier generally or widi respect to any field of the practice of tiie dental discipline until (

i) die investigated person has completed a specified course of studies or obtained supervised practical experience, or (ii) the DiscipUne Committee is satisfied as to die competence of die investigated person generally or in diat specified field of practice; (

d) accept, in place of a suspension, die mvestigated person's undertaking to Umit his practice; (

e) impose conditions on the mvestigated person's entitiement to engage in the practice of the dental discipUne generaUy or in any field of die practice; (

f) dkect the investigated person to pass a particular course of studies or satisfy the DiscipUne Committee or the CouncU as to his professional competence generally or in any field of die practice; (

g) direct the investigated person to satisfy the DiscipUne Committee tiiat a disabUity or addiction can be or has been overcome, and suspend the investigated person's certificate of registiation or annual certificate untU the Discipline Committee is so satisfied; (

h) require die investigated person to take counselling diat in the opinion of the DiscipUne Committee is appropriate; (

i) require die investigated person to waive, reduce or repay a fee for services rendered by die investigated person that, in die opinion of die DiscipUne Committee, were not rendered or were improperly rendered; (

j) cancel die certificate of registi-ation or annual certificate, or bodi, of die investigated person; (

k) make any fiirtiier or otiier order tiiat it considers appropriate.

(2) If die DiscipUne Committee is satisfied diat an investigated person has contt-avened an order under subsection (1) U may, widiout die necessity of a further hearing, cancel or suspend his 24

Payment of costs and fme Written decision Service of decision and record of hearing certificate of registiation or annual certificate, as the case may be, subject to any terms it considers appropriate and shaU serve die investigated person with notice of the cancellation or suspension. 50(1) The Disciplme Committee may, in addition to or instead of dealing witii the conduct of an investigated person m accordance widi

section 49, order that die investigated person pay (

a) all or part of die costs of die hearing or appeal, as determined in accordance with die regulations, (

b) a fine not exceeding $5000 for each finding of unskiUed practice or professional misconduct and $10 000 in the aggregate for all such findings arising out of die hearing, or (

c) die costs under clause (

a) and the fine under clause (

b) to die Association within the time set by tiie order.

(2) If a person ordered to pay a fine, costs or both under subsection (1) fails to pay the fine or costs within the time ordered, die CouncU may suspend the certificate of registration or annual certificate of die person until he has paid the fine and costs and shaU serve the person with notice of the suspension.

(3) A fine or costs ordered to be paid to die Association under this

section are a debt due to the Association and may be recovered by the Association by civil action for debt. 51 The Discipline Committee shaU, within a reasonable time after the conclusion of a hearing, make a written decision on the matter, in which it shall (

a) describe each finding made by it, (

b) state the reasons for each finding made by it, and (

c) state any order made by it. 52(1) The DiscipUne Committee shall forward to die Registiar (

a) the decision, and (

b) die record of the hearing, consisting of all evidence presented before it, including (

i) all exhibits, (ii) aU documents, and 25

Examination of record Rehearing Stay pending appeal Appeal to Council (iU) a transcript of all testimony given before it, whedier recorded electtonicaUy, mechanicaUy or in handwritten form.

(2) The Registi-ar shall, on receiving die decision of die DiscipUne Committee and die record of die hearing referred to in subsection (1), serve (

a) a copy of the decision on the investigated person and on the Council, and (

b) a notice of the decision on the complamant, if any. 53 The investigated person may examine die record or any part of the record of the hearing before the Discipline Committee and hear any recording or examine any mechanical or handwritten record of evidence given before the Discipline Committee. 54 If there is new evidence avaUable that was not avaUable or for good reason was not presented at die hearing before the DiscipUne Committee, the DiscipUne Committee may, with the consent of the investigated person, rehear any matter akeady heard by it under

section 41 and, for that purpose, has the same power and authority and is subject to the same duties as it had and was subject to in connection widi the fUst hearing. 55(1) A decision of the DiscipUne Committee remains in effect until tiie Council makes a decision on an appeal.

(2) An investigated person may apply to the Council for an order staying the decision of die Discipline Committee pending die outcome of the appeal to die Council. 56(1) An investigated person or the Association may, by notice in writing to tiie Registiar, appeal to die Council a fmding or an order, or botii, of tiie Discipline Committee.

(2) A notice of appeal under subsection (1) shall (

a) describe die finding or order, or bodi, being appealed, and (

b) state the reasons for die appeal.

(3) A notice of appeal under diis

section shaU be served on die Registiar witiiin 30 days after the date on which die decision of die Discipline Committee is served (

a) on die investigated person, if he is appealing die decision, or 26

(

b) on die Council, if the Association is appealmg the decision.

(4) The Registiar shaU, on receiving a notice of appeal under subsection (3), give to each member of die Council a copy of the notice of appeal and make avaUable to each member of tiie CouncU the decision of die Discipline Committee and die record of die hearing. Notice and 57(1) The Registiar shall, on receiving a notice of appeal under S'^Sf °^

section 56, serve on the investigated person a notice of hearing of *^ an appeal stating the date, time and place at which die CouncU wUl hear the appeal.

(2) The CouncU shall, (

a) if the certificate of registration or annual certificate of the investigated person has been cancelled or suspended, hear the appeal within 30 days after die date of service of the notice of appeal, and (

b) if the certificate of registration or annual certificate of the investigated person has not been cancelled or suspended, hear die appeal widiin 90 days after die date of service of die notice of appeal.

(3) The CouncU may, on the written request of the investigated person or the Association, extend the periods referred to in subsection (2) for one or more additional periods but, (

a) in a case to which subsection (2)(

a) applies, no extension may be granted without die consent of the investigated person, and (

b) m a case to which subsection (2)(

b) applies, no extension may be for a period of more than 90 days. Council's 58(1) The Association and the investigated person may appear and powCTs on ^g represented by counsel at the hearing of an appeal before die Council.

(2) A member of die DiscipUne Committee who is also a member of the CouncU may participate in an appeal before the CouncU but shaU not vote in a decision of the Council on the appeal.

(3) The appeal to die Council shall be founded on die record of the hearing before the Discipline Committee and die decision of the Disciplme Committee.

(4) Sections 43 to 47 apply to proceedings before die CouncU. 27

(5) The Council on an appeal may (

a) grant adjoumments of die proceedings or reserve die determination of the matters before it for a future meeting of the CouncU, (

b) on granting special leave for tiiat purpose, receive furdier evidence, and (

c) draw inferences of fact and make a determination or finding that, in its opmion, ought to have been made by the Disciplme Committee.

(6) A hearing before die Council shall be open to the pubUc unless, in the opinion of the CouncU, the interests of any person other than the investigated person would be detrimentaUy affected if the hearing were not held in private.

(7) The Council shaU, widiin 90 days after the conclusion of all proceedings before it, (

a) make any finding or order that in its opinion ought to have been made by the DiscipUne Committee, (

b) quash, confkm or vary the decision of die DiscipUne Committee or substitute or make a finding or order of its own, or (

c) refer die matter back to the Disciplme Committee for further consideration in accordance with any direction diat die Council may make.

(8) The CouncU may make any award as to the costs of an appeal to it that it considers appropriate.

(9) The CouncU shall, widiin a reasonable time after die conclusion of the proceedings before it, make a written decision on die matter and shall forward die decision to die Registi-ar.

(10) The Registi-ar shaU serve (

a) a copy of the decision on die mvestigated person and die Association, and (

b) a notice of die decision on die complainant, if any.

(11) The decision of die Council remains in effect until die Court of Appeal makes a decision or an appeal.

(12) An investigated person may, by fUing an origmating notice widi die Court of Queen's Bench and serving a copy on die 28

Registiar, apply for an order staymg the decision of the Council pending die outcome of die appeal to die Court of Appeal. Appeal to Court 59(1) An uivestigatcd person or die Association may appeal to tiie Court of Appeal any decision made by the CouncU.

(2) An appeal under this

section shall be commenced (

a) by fUmg a notice of appeal widi die Registi:ar of the Court at Edmonton or Calgary, and (

b) by servmg a copy of the notice of appeal (

i) on the CouncU, where the investigated person is the appeUant, or (ii) on the mvestigated person, where the Association is the appeUant, widiin 30 days from the date on which die decision of the Council is served on the appellant Appeal on the QQ The appeal to die Court of Appeal shall be founded on die record record of the proceedings before the Council and die decision of the Council. PowCT of Court ei

(1) The Court of Appeal on hearing die appeal may onqjpeal (

a) make any finding or order that in its opinion ought to have been made, (

b) quash, confirm or vary the decision of the CouncU or any part of it, (

c) refer the matter back to die Council for further consideration in accordance with any dkection of the Court, or (

d) dkect that a trial of any mixed questions of law and fact related to a finding or order, or both, of the CouncU under

section 59 be held before die Court of Queen's Bench.

(2) The Court of Appeal may make any award as to the costs of an appeal to it that it considers appropriate. 29

Definitions Boards established

PART 7 DENTAL DISCIPLINE GOVERNING BOARDS AND THE DENTAL DISCIPLINES ADVISORY COMMITTEE 62 In dlis Part, (a) "Board" means a Dental Discipline Goveming Board; (b) "Committee" means die Dental Disciplmes Advisory Committee. 63(1) The Mmister may by order in writing estabUsh a Dental Discipline Goveming Board for an Association if the Minister is satisfied diat die Association is not carrying out in an appropriate manner die powers and duties conferred or unposed on it by diis Act or die regulations.

(2) The CouncU of an Association may make representations to tiie Minister before a Board is established for the Association under subsection (1).

(3) A Board shaU consist of not more than 5 members appointed by the Minister as follows: (

a) not more dian 3 members of die Association for which die Board is established, and (

b) not fewer dian 2 members of the public.

(4) The Minister shaU designate one of die members appointed under subsection (3)(

b) to act as die chairman of die Board.

(5) The faUure of a member of a Board appointed under subsection (3)(

b) to attend a meeting of die Board does not affect or restiict die Board in exercising any powers or performing its duties.

(6) A member of a Board may hold office for not more dian 6 consecutive years.

(7) The Minister shaU pay to a member of a Board who is appointed under subsection (3)(

b) and who is not an employee of die Govemment remuneration for his services and an allowance for die expenses necessarily incmred in die performance of his duties under this Act at die rates set by the Minister. AuAority of a 64(1) The Minister shaU by order in writing specify 30

(

a) die powers and duties to be carried out by a Board, and (

b) die Association on behalf of which a Board is to carry out the powers and duties specified under clause (a).

(2) While carrying out a power or duty of a person or body referted to in this Act, (

a) a Board has aU of the authority of that person or body, and (

b) die authority of diat person or body to carry out the power or duty is suspended until a dkection is given under

section 66(1). Termination 65(1) The Minister may by order in writing dUect a Board to ?^<stabiishment ^^^® Carrying out any power or duty on behalf of an Association of a Board if the Muiistcr is satisfied that the Association is able to carry out the power or duty in an appropriate manner.

(2) The Minister may at any time by order in writing (

a) terminate a Board, and (

b) in accordance with

section 63(1), re-establish a Board. Dental Disciplines Advisory Committee established 66(1) There is hereby established the Dental Disciplmes Advisory Committee consisting of (

a) one member of each of the foUowing Associations, appointed by the Minister from a list of nominees prepared by each respective Association: (

i) the Alberta Dental Hygienists' Association; (ii) the Alberta Association of Dental Technicians; (iU) die Alberta Dental Assistants Association; (iv) any Association established under

section 5(2)(a), (

b) one dentist appointed by the Minister from a list of nominees prepared by the Alberta Dental Association, and (

c) not fewer than 3 members of the pubUc appointed by the Minister.

(2) The Mmister shaU designate one of the members appointed under subsection (l)(

c) to act as tiie chakman of the Committee 31

and shall appoint an employee of die Govemment to act as die secretary of the Committee.

(3) The faUure of a member of die Committee appointed under subsection (l)(

c) to attend a meeting of tiie Committee does not affect or restiict the Committee in exercising any powers or performing its duties.

(4) A member of the Committee may hold office for not more than 6 consecutive years.

(5) The Minister shaU pay to a member of die Committee who is not an employee of the Govemment remuneration for his services and an allowance for the expenses necessarily incmred in die performance of his duties under diis Act at the rates set by tiie Minister. 67(1) The Committee shaU (

a) provide advice to the Minister respecting any regulation proposed by a Council under

section 75, and (

b) examine and make recommendations to the Minister relating to any matter conceming dental health tiiat is referred to it by the Minister.

(2) The Committee may examine and make recommendations to tiie Minister relating to any matter suggested by a member of die Committee if a majority of die members of the Committee agree that die matter should be examined. Meetings 68(1) The Committee shaU meet at least twice m each year.

(2) An employee of die Department of Healdi, designated by die Minister of Healdi, may receive notice of and attend meetings of tiie Committee. Authority of Committee Supplies and s^vices 69 The Minister may provide to die Committee at no cost to it any suppUes and die services of employees of the Govemment under his administi-ation to carry out any work diat in die opinion of die Minister may reasonably be requked by die Committee to enable it to perform its functions under tiiis Act. Annual report 70(1) As soou as possiblc after die end of each year, (

a) a Board shall prepare and submit to die Minister a report summarizing die activities of die Board m diat year, and (

b) die Committee shaU prepare and submU to die Minister a report summarizing die activities of die Committee in diat year. 32

RecogniticHi of order, direction or decisioi Service of documents Certiticate of Registrar Protection from liability

(2) A Board shaU forward to the Association on behalf of which it carries out its authority a copy of the report referred to m subsection (l)(a).

PARTS GENERAL 71 No employer or other person shall knowingly requke a member of an Association to perform a service or undertake any work diat would result in die member's contiavening an order, dkection or decision of the Discipline Committee, the CouncU or a court of competent jurisdiction. 72 When diis Act, the regulations or the by-laws requke tiiat a document or notice be given to or served on any person, the document or notice is sufficiently given or served if it is served personaUy or sent to him by single registered mail at die address last shown for that person on the register or records of the Association or provided under

section 33. 73 A certificate purporting to be signed by the Registiar and stating diat a named person was or was not, on a specified day or during a specified period, (

a) a member of an Association, or (

b) an officer of an Association, a member of a Council or a member of a board or committee estabUshed by this Act, the regulations or the by-laws, shaU be admitted in evidence as prima facie proof of die facts stated in it without proof of die Registiar's appointment or signature. 74(1) No action Ues against (

a) a person conducting a preliminary investigation, a member of tiie Council or of a committee or board estabUshed by this Act, die Registiar or die Association, or any person acting on the instiiictions of any of them, or (

b) a member, officer or employee of an Association, for anythmg done by him in good faidi and in purporting to act under diis Act, die regulations or die by-laws.

(2) No action for defamation may be founded on a communication that consists of or pertams to the conduct of a member of an Association if the communication is pubUshed to or by 33

(

a) die Association or an officer or employee of die Association, (

b) die Registiar of the Association or a member of die Council, die Practice Review Board or die DiscipUne Committee of the Association, (

c) a person conducting a preUminary investigation for the Association, or (

d) a person acting on the instmctions of a person or entity referted to m clauses (

a) to (c), in good faitii in the course of an investigation or proceeding conducted under this Act in relation to the conduct.

PART 9 REGULATIONS AND BY-LAWS Regulations 75(1) The CouucU of an Association may make regulations (

a) defining (

i) die practice of dental hygiene, (ii) the practice of dental technology, (iU) die practice of dental assisting, and (iv) die practice of any discipline designated as a designated dental discipUne under

section 5(1); (

b) establishing classes or categories widiin any of the practices referred to in clause (a), estabUshing a register for each class or category and prescribing die tities and initials diat may be used exclusively by persons who are registered m each class or category; (

c) prescribing conditions or Umitations on tiie practice of a dental discipUne; (

d) prescribing standards of conduct and competency of members of an Association; (

e) prescribing tiie matters to be entered by die Registiar in die register referred to in

section 11; (

f) respecting die establishment, maintenance and content of a student register in accordance widi requkements set by the Universities Co-ordinating Council; 34

(

g) respecting tiie establishment, maintenance and content of additional registers; (

h) prescribing tiie conditions for renewal of registiation to be met by members of an Association; (

i) respecting die temporary registration of a person who is entitied to practise a dental discipline; (

j) respecting the lunitations and restiictions on the practice of a dental disciplme by a person described in clause (i); (

k) prescribing the information that members of an Association are requked to provide to the Association.

(2) A regulation under subsection (1) does not come into force unless it is approved (

a) by a majority of die members of the Association present and voting at a general meeting of the Association or in a vote conducted by mail in accordance widi die regulations of tiie Association, and (

b) by the Lieutenant Govemor in Council.

(3) Before an approval is given by die Lieutenant Govemor in Council, die Minister shall consult with (

a) tiie Dental DiscipUnes Advisory Committee estabUshed under

Part 7, (

b) the Alberta Dental Hygienists' Association, (

c) die Alberta Association of Dental Technicians, (

d) die Alberta Dental Assistants Association, (

e) any Association established under

section 5(2)(a), and (

f) die Alberta Dental Association.

(4) The Committee and Associations referred to in subsection (3) shaU provide to the Minister thek comments, if any, respecting a proposed regulation not later than 60 days after the date the Minister commences a consultation widi die Committee or an Association.

(5) The Minister may request a Council to amend or stiike out a proposed regulation and if the CouncU neglects or refuses to comply widi die request within 60 days of die date of die request. 35

die Lieutenant Govemor in CouncU may amend or stiike out tiie regulation as requested.

(6) The Lieutenant Govemor in CouncU may, widi respect to a regulation referted to in subsection (1), (

a) approve the regulation, (

b) amend or stiike out the regulation m accordance widi subsection (5) and approve the regulation as amended, or (

c) refuse to approve the regulation. By-laws 70(1) A CouucU may make by-laws (

a) for the govemment of an Association and the management and conduct of its affaks; (

b) determming the location of the head office of an Association; (

c) respecting the calUng of and conduct of meetings of an Association and a CouncU; (

d) respecting the nomination, election, number and term of office of CouncU members, other than members appointed under

section 9(l)(c), and officers of the CouncU and die Association; (

e) providing for the appointment of acting members of a Council and prescribmg diek powers, duties and functions; (

f) goveming, subject to tiiis Act, die appointinent and term of office of members of a DiscipUne Committee and a Practice Review Board, die designation of chairmen and vice-chairmen, the appointment of acting members and the procedures for fiUing vacancies on a DiscipUne Committee or a Practice Review Board; (

g) govemmg die establishment, operation and proceedings of committees, die appointment of members and of acting members and procedures for fiUing vacancies on committees; (

h) establishing honorary or odier categories of membership in an Association and prescribing die privUeges and obUgations of tiie members of die categories; (

i) providing for die tenure of a Registi-ar and his additional duties, powers and functions, and die appointinent of an Acting Registiar who has all of die powers and perfonns all of the duties of a Registiar under diis Act, die regulations and die by- 36

laws when die Registi-ar is absent or unable to act or when diere is a vacancy in the office of Registrar; (

j) prescribmg tfie number of members that constitutes a quorum at meetings of an Association, a Council, a Practice Review Board or a Discipline Committee; (

k) providmg for the delegation, with or widiout conditions, of any power or duty of a Council under diis Act, die regulations or tiie by-laws, except die power to make or amend regulations or by-laws; (1) prescribmg fees and expenses payable to members of a Council and of committees established under this Act, the regulations or the by-laws for attending to die business of an Association; (

m) respecting the establishment of and payment of sums of money for scholarships, feUowships and any otiier educational incentive or benefit program tiiat an Association considers appropriate; (

n) respecting die fees, dues and levies payable to an Association by members of the Association; (

o) respectmg the removal by a Registi-ar from a register of a memorandum or entry made in it under this Act, the regulations or tiie by-laws; (

p) govemmg die pubUcation by a Registiar of the names of successful appUcants for registi-ation; (

q) requking members of an Association to inform die Registrar of the Association in writmg of thek address and of any change in diat address forthwith after tiie change occurs; (

r) prescribing the form of a certificate of registration, an annual certificate and any other form or document that may be requked for the purposes of this Act, the regulations or die by laws; (

s) prescribing die date on which an annual certificate expkes; (

t) respectmg tiie holding of votes by maU on any matter relating to the Association; (

u) respectmg die estabUshment and operation by die Council of a compulsory continuing education program. 2) A by-law under subsection (1) does not come into force unless t is approved by a majority of the members of the Association 37

Penalties Registration of doital technician continued Registratirai of dmtal hygienist continued (

a) present and votmg at a general meeting of die Association, or (

b) voting in a vote conducted by mail in accordance witii die by-laws of the Association.

(3) The Regulations Act does not apply to by-laws of die Association.

PART 10 PENALTIES 77(1) Every person who contiavenes this Act is guilty of an offence and liable (

a) for a first offence, to a fine of not more than $2000, (

b) for a 2nd offence, to a fine of not more tiian $4000, and (

c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(2) A prosecution under this

section may be commenced widiin 2 years after the commission of the sdleged offence, but not afterwards.

PART 11 TRANSITIONAL, REPEAL AND COMMENCEMENT 78Ci) In this section, "former Act" means the Dental Technicians Act,

chapter D-10 of the Revised Statutes of Alberta 1980.

(2) An individual who was registered as a dental technician under the former Act is deemed to be registered as a dental technician under this Act and, subject to

section 81, may continue to provide the services that a dental technician was authorized to provide under the former Act. 79 An individual who was authorized under the Dental Profession Regulation (Aha. Reg. 328/84) to practise dental hygiene is deemed to be registered as a dental hygienist under this Act and, subject to

section 81, may continue to provide the services that a dental hygienist was authorized to provide under that Regulation. 38

Services continued Officers continued Registration of 80 An individual who was authorized under the Dental ^d^tir* Profession Regulation (Alta. Reg. 328184) to practise as a certified assistant ^«^^ Oral dental assistant is deemed to be registered as a continued registered dental assistant uruler this Act and, subject to

section 81, may continue to provide the services that a certified intra oral dental assistant was authorized to provide under that Regulation. 81 An individual referred to in sections 78 to 80 may provide services in accordance with those sections only until a regulation is made under

section 75(1 )(

a) defining the practice that the individual is authorized to engage in. 82 The members of the Council, Board or other governing body of an Association referred to in

section 7 at the time this Act comes into force are deemed to be members of the Council of that Association under this Act and shall continue in office until their successors are elected or appointed under this Act. 83 An application for registration as a member of an Association that has not been concluded before the coming into force of this Act shall be dealt with as an application for registration under this Act. 34(1) Any complaint made or discipline proceedings commenced but not concluded before the coming into force of this Act shall be concluded as though this Act had not come into force.

(2) Any complaint made or discipline proceedings commenced after the coming into force of this Act when the complaint or proceedings relate to conduct occurring all or partly before the coming into force of this Act shall be dealt with under this Act. Consequential 85 The Dental Profession Act is amended (

a) by repealing

section 2(2); (

b) by repealing

Part 4; (

c) in

section 90 (

i) by repealing subsections (4) and (5); (ii) in subsection (6) by striking out "or (4)"; (

d) by repealing

section 91(1 )(d). Consequential 86 The Radiological Technicians Act is amended in

section 11 (

g) by striking out "dental auxUiary" and substituting "registered dental assistant". Applicati(m continued Complaint or proceedings continued 39

Repeal 87 The Dental Technicians Act is repealed. Coming into 88 This Act comes into force on Proclamation. force •' 40 Title: 1990 (22nd 2nd) Bill 44, Dental Disciplines Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2719
Type	bill
Volume / chapter	L22 S2 2719
Language	en
Format	json
Source	PROVINCIAL
Identifier	a56593b95dd03f2e1642736a17e1a95c032bebc6

Source file is stored in the law ingest library (json).