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9 1985

DENTISTS ACT, 1985

PART III

Registration

Establishment of register.

26. —(1) As soon as may be after the establishment of the Council, the Council shall prepare and establish a register of dentists (in this Act referred to as “the register”) to be known as the Register of Dentists.

(2) The register shall be in such form as the Council shall specify and shall indicate whether each person whose name is entered therein is fully registered or temporarily registered.

(3) Every person whose name is entered in the register shall, as soon as may be after his registration has been completed, be sent by the Council a certificate stating that his name has been entered in the register and stating whether the registration is full or temporary registration.

(4) Every person whose name is entered in the register shall, as soon as may be after he has received the certificate specified in subsection (3) of this section, cause the said certificate to be displayed at the place where he practises dentistry at all times during which his registration continues and at no other time.

(5) Nothwithstanding the repeal of the Dentists Act, 1928 , effected by this Act, the register of dentists prepared and maintained by the Dental Board under section 23 of that Act shall be maintained and kept by the Council until such time as the Council prepares and establishes the register under subsection (1) of this section and the said register of dentists shall until that time be deemed, for the purposes of this Act, to be the register.

(6) A certificate issued by the Registrar that the name of the person to whom the certificate relates is entered in the register shall, without proof of the signature of the person purporting to sign the certificate or that that person was the proper person so to sign, be evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown.

(7) The register shall be kept at the offices of the Council and shall be available for inspection during office hours.

Persons entitled to be registered in register.

27. —(1) Subject to the provisions of this Act, every person whose name, at the date of the establishment of the register, is entered in the register of dentists maintained by the Dental Board under section 23 of the Dentists Act, 1928 , shall be registered in the register.

(2) Subject to the provisions of sections 28 and 65 of this Act, any person who—

(a) immediately before the establishment of the register was entitled to be registered in accordance with the Dentists Act, 1928 , and was not so registered, or

(b) following the establishment of the register is awarded any of the primary qualifications in dentistry specified in the Second Schedule to this Act, or

(c) is a national of a Member State and has been awarded a qualification in dentistry in a Member State which, pursuant to the provisions of any Directive adopted by the Council of the European Communities, the State is obliged to recognise, or

(d) satisfies the Council that he has undergone such courses of training and passed such examinations as are specified for the purposes of this section in rules made by the Council,

shall, on making application in the form and manner determined by the Council and on payment of the appropriate fee, be registered in the register.

(3) Nothing in this section shall operate to prevent the Council from refusing to register the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of dentistry.

(4) On making a decision under subsection (3) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(5) A person to whom a decision under subsection (3) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and, if he so applies, the High Court, on the hearing of the application, may—

(a) declare that it was proper for the Council to make the decision, or

(b) cancel the decision and direct the Council to register the name of the person making the application, or

(c) cancel the decision and—

(i) direct the Council to make a new decision, or

(ii) give such other directions to the Council as the Court thinks proper.

Temporary registration.

28. —(1) Where the Council is satisfied—

(a) that a person, who is not otherwise entitled to registration, is or intends to be in the State temporarily for the purpose of employment in the practice of dentistry in an institution or clinic approved of by the Council for the purposes of this section, and

(b) that such person holds a degree, diploma or other qualification which, in the opinion of the Council, affords sufficient guarantee that he possesses the requisite knowledge and skill for the efficient practice of dentistry and has passed an examination appropriate for obtaining such degree, diploma, or other qualification, as the case may be,

the Council may, subject to subsection (2) of this section, upon such person making application in the form and manner determined by the Council and on payment of the appropriate fee, temporarily register such person in the register for such period as the Council may determine.

(2) The Council may extend a period determined under subsection (1) of this section for such further period or periods as the Council may determine, provided that the aggregate of such periods shall not exceed five years.

The Register of Dental Specialists.

29. —(1) The Council may, with the consent of the Minister, prepare and establish a register to be known as the Register of Dental Specialists containing therein a division in respect of each dental specialty from time to time recognised by the Council under section 37 of this Act.

(2) The Register of Dental Specialists shall be kept at the offices of the Council and shall be available for inspection during office hours.

Persons entitled to be registered in Register of Dental Specialists.

30. —(1) Whenever the Council establishes a register pursuant to section 29 of this Act, the following persons who comply with the conditions specified in subsection (2) of this section shall, subject to the provisions of this Act, be entitled to be registered in the Register of Dental Specialists, that is to say—

(a) every registered dentist who, prior to the establishment of that register, has, in the opinion of the Council, completed his specialist training in a specialty recognised by the Council under section 37 (1) of this Act,

(b) every registered dentist who, following the establishment of that register, is granted evidence of satisfactory completion of specialist training by a body recognised by the Council under section 37 (3) of this Act,

(c) every national of a Member State who has been awarded in a Member State a qualification in a dental specialty recognised by the Council which, pursuant to the provisions of any Directive adopted by the Council of the European Communities, the State is obliged to recognise,

(d) any person who satisfies the Council that he has completed a programme of training in specialised dentistry of a standard considered by the Council to be adequate.

(2) Before any person is registered in the Register of Dental Specialists, he shall—

(a) be fully registered in the register,

(b) apply for registration in the Register of Dental Specialists in the form and manner determined by the Council, and

(c) pay the appropriate fee in respect of each such registration.

(3) Nothing in this section shall operate to prevent the Council from refusing to register the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of dentistry.

(4) On making a decision under subsection (3) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(5) A person to whom a decision under subsection (3) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and, if he so applies, the High Court, on the hearing of the application, may—

(a) declare that it was proper for the Council to make the decision, or

(b) cancel the decision and direct the Council to register the name of the person making the application, or

(c) cancel the decision and—

(i) direct the Council to make a new decision, or

(ii) give such other directions to the Council as the Court thinks proper.

Registration of additional qualifications.

31. —(1) Subject to subsection (2) of this section, any person who is registered in the register may, at any time after his first registration, apply in the form and manner determined by the Council to have a further qualification entered in the register in addition to his qualifications already entered therein.

(2) The Council shall determined the qualifications, not being qualifications required for the purpose of registration, which, on application by a person registered in the register in the manner determined by the Council and on payment of the appropriate fee, may be entered in the register as additional qualifications.

(3) Whenever, on an application by any registered dentist, the Council decides to enter in the register, pursuant to this section, any additional qualifications in respect of that dentist, the Council shall, as soon as may be after the registration is completed, send to that dentist a certificate stating that such additional qualifications have been entered in the register.

Application by registered dentist to have name removed from register.

32. —(1) Any registered dentist may apply to the Council to have his name removed from any register maintained by the Council in which his name is registered and, on receipt of such application and on payment of the appropriate fee, the Council may remove the name of the registered dentist from any such register.

(2) Any person, whose name has been removed under subsection (1) of this section from any register maintained by the Council, may, at any time, apply to the Council to have his name restored to such register, and, subject to the provisions of this Act and on payment of the appropriate fee, the Council may restore the name of that person to any register from which it has been so removed.

(3) In any case where a registered dentist applies to the Council under this section to have his name removed from any register maintained by the Council and—

(a) an application has been made under section 38 of this Act for an inquiry into the fitness to practise dentistry of that registered dentist, or

(b) that registered dentist has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

the Council shall not consider the application by that registered dentist to have his name so removed until such time as the Council has decided whether or not the name of such registered dentist should be erased from any such register under the provisions of this Act.

(4) Nothing in this section shall operate to prevent the Council from refusing to restore the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of dentistry.

(5) On making a decision under subsection (4) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(6) A person to whom a decision under subsection (4) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and, if he so applies, the High Court, on the hearing of the application, may—

(a) declare that it was proper for the Council to make the decision, or

(b) cancel the decision and direct the Council to register the name of the person making the application, or

(c) cancel the decision and—

(i) direct the Council to make a new decision, or

(ii) give such other directions to the Council as the Court thinks proper.

Correction of registers.

33. —(1) For the purpose of keeping any register maintained by it correct, the Council shall from time to time as occasion demands correct all verbal or clerical errors in such register, remove therefrom all entries therein procured by fraud or misrepresentation, enter in any register every change which comes to its knowledge in the addresses of the persons registered therein, and remove from any such register the names of all persons whose death has either been notified to, or come to the knowledge of, the Council.

(2) Whenever the Council takes any action under subsection (1) of this section for the purposes of keeping any register maintained by it correct, the Council shall forthwith notify the person concerned, or his next of kin, as the case may be, of the action taken and of the reasons therefor.