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9 1985

DENTISTS ACT, 1985

PART VI

Restrictions on Practice of Dentistry

Descriptions of registered persons.

49. —(1) Every person who is registered in the register shall be entitled to take and use the description of dentist, dental surgeon or dental practitioner.

(2) A person who is registered in the register shall not, in connection with the practice of dentistry take or use, or affix to or use in connection with his premises, any title or description which is reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by the particulars relating to him which are entered in the register maintained by the Council.

(3) Any person who acts in contravention of subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(4) Where the Council is of opinion that any special branch of dentistry (including a dental specialty recognised by the Council under section 37 of this Act) has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists, who are qualified to practise in that branch of dentistry, should use a distinctive title, the Council may specify appropriate titles and the conditions under which such titles may be used, and the use of a title so specified in accordance with the specified conditions by a person qualified to use such a title shall not constitute a contravention of subsection (2) of this section.

Prohibition on use of titles by unregistered persons.

50. —(1) A person who is not a registered dentist shall not take or use the title of dentist, dental surgeon or dental practitioner and a person, who is not a registered dentist, shall not take or use any title or description which implies that he is a registered dentist.

(2) A person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment.

Prohibition on practice of dentistry by unregistered persons.

51. —(1) Subject to the provisions of this section, it shall not be lawful, on or after the date of the passing of this Act, for any person—

(a) to practise dentistry, or

(b) to represent or hold himself out, whether directly or by implication, as practising, or being willing and ready to practise, dentistry,

unless such person is a registered dentist.

(2) The provisions of subsection (1) (a) of this section shall not operate to prohibit—

(a) the practice of dentistry by a registered medical practitioner, or

(b) the performance of dental work by an auxiliary dental worker in accordance with conditions specified in a scheme made by the Council, with the approval of the Minister, under section 53 of this Act, or

(c) the practice of dentistry under the supervision of a registered dentist by—

(i) a student of dentistry at a body referred to in the Second Schedule to this Act, or

(ii) a student of medicine at a body in the State recognised by the Medical Council for the purposes of section 35 (a) of the Medical Practitioners Act, 1978 ,

while such student is in the course of instruction or is taking an examination, or

(d) the performance of dental work under the supervision of a registered dentist by any person as part of a course of instruction which he is following in order to qualify for membership of a class of auxiliary dental worker recognised by the Council or as part of an examination required to be passed in order to qualify for membership of such class of auxiliary dental worker.

(3) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment.

(4) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years from the commission of the offence.

Prohibition on practice of dentistry by bodies corporate.

52. —(1) It shall not be lawful for any body corporate to engage in the practice of dentistry (other than the performance of the dental work referred to in section 51 (2) (b) of this Act).

(2) The provisions of subsection (1) of this section shall not prohibit the practice of dentistry by—

(a) any health board established under the provisions of the Health Act, 1970 , or

(b) any hospital, or

(c) any dental school, or

(d) two or more registered dentists in partnership.

(3) Every body corporate which engages in the practice of dentistry in contravention of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(4) Where a body corporate is convicted of an offence under this section, every director, manager and secretary thereof shall, unless he proves that the offence was committed without his knowledge, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.