Dentists act, 1985

• Act Number: 9
• Enactment Date: 11 May 1985

Number 9 of 1985
DENTISTS ACT, 1985
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Commencement. 4. Establishment day. 5. Repeals.
PART II
The Dental Council
6. Establishment of the Dental Council. 7. Dissolution of Dental Board. 8. Seal of Council. 9. Membership of Council. 10. Appointment of persons to be members of Council. 11. Election of members of Council. 12. First meeting of Council. 13. Committees of Council. 14. Expenses of members of Council and committees. 15. Removal of Council from office. 16. The Registrar. 17. Other officers and servants of Council. 18. Age limits. 19. Superannuation. 20. Membership of either House of Oireachtas or of Assembly of the European Communities by officer or servant of Council. 21. Accounts of Council. 22. Power of Council to borrow. 23. Acceptance of gifts by Council. 24. Expenses of Council and Minister. 25. Fees.
PART III
Registration
26. Establishment of register. 27. Persons entitled to be registered in register. 28. Temporary registration. 29. The Register of Dental Specialists. 30. Persons entitled to be registered in Register of Dental Specialists. 31. Registration of additional qualifications. 32. Application by registered dentist to have name removed from register. 33. Correction of registers.
PART IV
Education and Training
34. Duties of Council in relation to education and training. 35. Functions of Council in relation to Directives adopted by Council of the European Communities as to education and training. 36. Primary qualifications. 37. Training bodies and qualifications for purposes of the Register of Dental Specialists.
PART V
Fitness to Practise
38. Inquiry by Fitness to Practise Committee into conduct of a registered dentist. 39. Erasure or suspension from register for professional misconduct, unfitness to practise or failure to pay retention fee. 40. Attaching of conditions to retention on register. 41. Powers of Council to advise, admonish, etc. 42. Erasure from register of persons convicted of indictable offences. 43. Continuance of existing inquiry. 44. Application by Council for order suspending registration. 45. Privilege in respect of certain matters. 46. Erasure or suspension from and restoration to the Register of Dental Specialists. 47. Notification to Minister of name erased or restored and of suspensions imposed and terminated. 48. Restoration to register of name removed, or termination of suspension imposed, for non-payment of retention fee.
PART VI
Restrictions on Practice of Dentistry
49. Descriptions of registered persons. 50. Prohibition on use of titles by unregistered persons. 51. Prohibition on practice of dentistry by unregistered persons. 52. Prohibition on practice of dentistry by bodies corporate.
PART VII
Auxiliary Dental Workers
53. Creation of classes of auxiliary dental workers. 54. Restriction on employment of auxiliary dental workers. 55. Creation of classes of auxiliary dental workers by direction of Minister.
PART VIII
Miscellaneous
56. Arrangements with persons to assist Council. 57. Report by Council. 58. Publication of registers. 59. Construction of references to registered dentists. 60. Functions in relation to Directives adopted by Council of the European Communities. 61. Assignment to Council of additional functions. 62. References in enactments etc. to Dental Board. 63. Regulations. 64. Regulations regarding adaptations. 65. Continuance in force of agreement. 66. General advisory functions of Council. 67. Offences in relation to registers. 68. Prosecution of offences.
FIRST SCHEDULE
Rules in relation to membership and meetings of An Chomhairle Fiaclóireachta (The Dental Council)
SECOND SCHEDULE
Primary Qualifications
Acts Referred to Dentists Act, 1928 1928, No. 25 Dentists (Amendment) Act, 1983 1983, No. 30 Finance Act, 1895 58 & 59 Vic. c. 16 Health Act, 1970 1970, No. 1 Local Government (Superannuation) Act, 1956 1956, No. 10 Local Government (Superannuation) Act, 1980 1980, No. 8 Medical Practitioners Act, 1978 1978, No. 4 Petty Sessions (Ireland) Act, 1851 1851, c. 93
Number 9 of 1985
DENTISTS ACT, 1985
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COUNCIL TO BE KNOWN AS AN CHOMHAIRLE FIACLÓIREACHTA OR IN THE ENGLISH LANGUAGE THE DENTAL COUNCIL WHICH SHALL PROVIDE FOR THE REGISTRATION AND CONTROL OF PERSONS ENGAGED IN THE PRACTICE OF DENTISTRY AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE PRACTICE OF DENTISTRY AND THE PERSONS ENGAGED IN SUCH PRACTICE AND TO PROVIDE FOR THE REPEAL OF THE DENTISTS ACT, 1928 , AND THE DENTISTS (AMENDMENT) ACT, 1983 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [11th May, 1985]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Dentists Act, 1985.
	Interpretation.	2.—In this Act—
	“auxiliary dental worker” means a member of a class of dental workers established under a scheme made by the Council pursuant to section 53 of this Act;
	“the Council” means An Chomhairle Fiaclóireachta or the Dental Council established by this Act;
	“the Dental Board” means the Dental Board established under the Dentists Act, 1928 ;
	“establishment day” means the day appointed to be the establishment day under section 4 of this Act;
	“Fitness to Practise Committee” means the committee established by the Council under section 13 (2) (b) of this Act;
	“full registration” means registration other than temporary registration and “fully registered” shall be construed accordingly;
	“the Medical Council” means Comhairle na nDochtúirí Leighis established by the Medical Practitioners Act, 1978 ;
	“Member State” means a state, other than the State, which is a member of the European Economic Community;
	“the Minister” means the Minister for Health;
	“practice of dentistry” means the performance of any operation and the giving of any treatment, advice, opinion or attendance which is usually performed or given by a dentist and includes the performance of any operation or the giving of any treatment, advice or attendance on or to any person preparatory to, for the purpose of, or in connection with, the fitting, insertion, or fixing of artificial teeth;
	“the register” means the Register of Dentists established under section 26 of this Act;
	“registered dentist” means a person whose name is registered in the register;
	“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 ;
	“Register of Dental Specialists” means the register referred to in section 29 of this Act;
	“the Registrar” means the chief officer of the Council;
	“retention fee” means a fee payable by a person entitled to be registered in any register maintained by the Council for the retention of his name in that register;
	“temporary registration” means registration by virtue of section 28 of this Act and “temporarily registered” shall be construed accordingly.
	Commencement.	3.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
	Establishment day.	4.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
	Repeals.	5.—The Dentists Act, 1928 , and the Dentists (Amendment) Act, 1983 , are hereby repealed.
PART II The Dental Council
	Establishment of the Dental Council.	6.—(1) There shall, by virtue of this section, be established on the establishment day a body to be known as An Chomhairle Fiaclóireachta, or, in the English language, the Dental Council (in this Act referred to as the Council) the general concern of which shall be to promote high standards of professional education and professional conduct among dentists, and which shall, in particular, fulfil the functions assigned to it by this Act.
	(2) The Council shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name, and to acquire, hold and dispose of land or any interest in land.
	(3) The Council may, subject to the provisions of this Act, regulate its own procedure.
	(4) The First Schedule to this Act shall apply to the Council.
	Dissolution of Dental Board.	7.—(1) The Dental Board shall, on the establishment day, be dissolved by virtue of this subsection.
	(2) All property, whether real or personal (including choses in action) which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for the Dental Board, and all rights, powers and privileges relating to or connected with any such property, shall, on the establishment day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or...