DENTAL ACT 2018

Dental LAWS OF MALAYSIA Act 804 DENTAL ACT 2018 1 2 Laws of Malaysia Date of Royal Assent Act 804 ... ... 19 June 2018 Date of publication in the Gazette ... ... ... 26 June 2018 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Dental LAWS OF MALAYSIA Act 804 DENTAL ACT 2018 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title and commencement Interpretation Part II THE MALAYSIAN DENTAL COUNCIL 3. Establishment of the Council 5. Powers of the Council 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. Functions of the Council Membership of the Council Power of Minister to appoint members of the Council Disqualification from appointment, nomination or election Revocation and resignation of members of the Council Temporary exercise of functions of the President Secretary to the Council Committees of the Council Allowances for members of the Council, etc. Appointment of employees of the Council Part III THE MALAYSIAN DENTAL THERAPISTS BOARD 15. Establishment of the Board 17. Powers of the Board 16. Functions of the Board 3 4 Laws of Malaysia Section 18. Membership of the Board 20. Revocation and resignation of members of the Board 19. 21. Disqualification from nomination and appointment Secretary to the Board 22. Committees of the Board 23. Allowances for members of the Board, etc. Part IV REGISTRATION OF PRACTITIONER Chapter 1 Register 24. Registrar 25. Register 26. Alterations in Register 27. Removal of names from Register 28. Restoration of name in Register Chapter 2 Registration 29. Qualifications for registration as dental surgeon 30. Qualifications for registration as dental therapist 31. Registration of dental surgeon and dental therapist 32. Restriction on registration 33. Fitness to Practice Panel 34. Registration as dental specialist 35. Registration as post-basic dental therapist 36. Conditional registration Chapter 3 Practising Certificate 37. Practising certificate 38. Annual practising certificate 39. Lifting of suspension Act 804 Dental Section 40. Temporary practising certificate 41. Privileges of persons having a practising certificate 42. Display of certificate Chapter 4 General 43. Practising as dental therapist 44. Notification of change in address 45. Service of notice or correspondence 46. Signing of dental sick certificates and other documents 47. Community service for dental surgeon 48. Dental bodies corporate and companies 49. Exemption of dental surgeon on ships 50. Carrying out dental procedures Part V DISCIPLINARY PROCEEDINGS 51. Disciplinary authority 52. Complaints Committee 53. Complaints or information against practitioner 54. Classification of complaints or information 55. Preliminary Investigation Committee 56. Disciplinary Committee 57. Dismissal of complaints 58. Disciplinary punishments 59. Certificate to be returned 60. Appeal 61. Reinstatement of name in Register Part VI OFFENCES 62. Prohibition of practice of dentistry by unregistered persons 63. Falsely personating as a practitioner 5 6 Laws of Malaysia Section 64. Falsely describing vocation 65. Fraudulent registration 66. Offences relating to practising certificate 67. Falsely displaying certificate 68. Employing a person who is not a practitioner 69. Covering Act 804 Part VII ENFORCEMENT 70. Authorized officer 71. Production of official authority card 72. Duty to assist authorized officer 73. Power to seal 74. Forfeiture of goods seized 75. Cost of holding goods seized 76. No cost or damages arising from seizure to be recoverable 77. Institution of prosecution Part VIII MISCELLANEOUS 78. Compulsory service 79. Period of service 80. Power of Minister 81. Prescribed fees 82. Code of Professional Conduct 83. Guidelines and directives 84. Returns, reports and information 85. Required information 86. Authorized dental practitioner deemed as Government dental officer 87. Liability of the Government for torts 88. Legal practitioners 89. Compounding of offences 90. Delegation of functions and powers Dental Section 91. Power to amend Schedules 92. Regulations Part IX REPEAL, SAVINGS AND TRANSITIONAL Section 93. Repeal and dissolution 94. Transfer of powers, etc. 95. Existing contracts 96. Membership of dissolved Council 97. Savings for practising certificate 98. Savings for register 99. Continuance of pending applications, etc. 100. Continuance of civil and criminal proceedings 101. Training 102. Dental school 103. Reference in law or document to dissolved Council 104. Reference to the repealed Act First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule 7 8 Laws of Malaysia Act 804 9 Dental LAWS OF MALAYSIA Act 804 DENTAL ACT 2018 An Act to provide for the establishment of the Malaysian Dental Council and the Malaysian Dental Therapists Board, to provide for the registration of dental surgeon and dental therapist, to regulate the practice of dentistry and for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Dental Act 2018. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act. 10 Laws of Malaysia Act 804 Interpretation 2. In this Act, unless the context otherwise requires— “practising address” means the address or addresses appearing on the practising certificate; “principal practising address” means the address of the principal place of practice, which shall be the first practising address appearing on the annual practising certificate or the temporary practising certificate; “resident” means practising in a certain locality as stated in the practitioner’s principal practising address; “Conditional Register” means the Malaysian Register of Conditional Registration kept and maintained under subsection 25(2); “Dental Therapists Register” means the Malaysian Register of Dental Therapists kept and maintained under subsection 25(3); “Dental Register” means the Malaysian Register of Dental Practitioners kept and maintained under subsection 25(1); “dentist” means a person registered in Division II of the Dental Register under the Dental Act 1971 [Act 51]; “prescribed”, where no mode is mentioned, means prescribed by regulations made under this Act; “dental surgeon” means— (a) a dental surgeon registered in Division I of the Dental Register under the Dental Act 1971; or (b) a person registered as a dental surgeon under section 31 and for the purposes of Part IV, Part V and Part VI includes any person who is deemed to be registered as a dental surgeon under subsection 40(6); “local training institution” means an institution of higher education which grants a dental degree and carries out all or part of its training within Malaysia; Dental 11 “accredited local training institution” means a local training institution which conducts a dental programme which has been granted accreditation status by the Malaysian Qualifications Agency under the Malaysian Qualifications Agency Act 2007 [Act 679]; “recognized qualification” means a qualification listed in the Second Schedule; “healthcare facility” means any premises in which members of the public receive healthcare services; “Director General” means the Director General of Health, Malaysia; “Head of Profession” means the Head of Profession for Dental Therapists in the Ministry of Health; “Board” means the Malaysian Dental Therapists Board established under section 15; “Council” means the Malaysian Dental Council established under section 3; “Minister” means the Minister charged with the responsibility for health; “Fitness to Practice Panel” means the Panel established under section 33; “authorized officer” means any suitably qualified officer of the Ministry of Health authorized under section 70; “Dental Therapists Registrar” means the Dental Therapists Registrar referred to in subsection 24(3); “Dental Registrar” means the Dental Registrar referred to in subsection 24(2); “practitioner” means any dental practitioner or dental therapist registered under this Act; 12 Laws of Malaysia Act 804 “dental practitioner” means— (a) a dental surgeon; or (b) a dentist; “Principal Director” means the head of the Oral Health services in the Ministry of Health; “Chairman” means the Chairman of the Dental Therapists Board referred to in section 18; “certificate” means a certificate of registration, annual practising certificate or temporary practising certificate; “practising certificate” means an annual practising certificate or a temporary practising certificate; “Professional Indemnity Cover” means any form of financial security for a practitioner in a professional liability action; “premises” means any place, building or vehicle, whether permanent or temporary; “appointed date” means the date on which this Act comes into operation; “President” means the President of the Malaysian Dental Council. Part II THE MALAYSIAN DENTAL COUNCIL Establishment of the Council 3. (1) A body corporate by the name of the Malaysian Dental Council is established. Dental 13 (2) The Council shall have perpetual succession and a common seal. (3) The Council may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, the Council may, upon such terms as it thinks fit, enter into contracts. Functions of the Council 4. The Council shall have the following functions: (a) to recognize qualifications for registration of practitioners under this Act; (b) to approve post-graduate qualifications to register as dental specialists; (c) to register and issue certificates to dental practitioners; (d) to register and issue certificates to dental specialists; (e) to determine the criteria for registration of dental specialists; (f) to regulate examinations for registration of dental surgeons; (g) to regulate the period of compulsory service of dental practitioners; (h) to regulate the standards of practice of dental practitioners; (i) to regulate the ethics and professional conduct of dental practitioners; (j) to regulate the scope of practice of practitioners; and (k) to do such other things as may be required or permitted to do under this Act. 14 Laws of Malaysia Act 804 Powers of the Council 5. (1) The Council may do all things necessary or expedient for, or in connection with, the performance of its functions under this Act. (2) Without prejudice to the generality of subsection (1), the Council may— (a) approve or reject applications for registration of dental practitioners and dental specialists under this Act or approve any such applications subject to such conditions and restrictions as it thinks fit to impose; (b) impose as it thinks fit fees or any other charges as prescribed in the Fourth Schedule in the performance of its functions and the exercise of its powers; (c) pay allowances and other expenses of the members of the Council and committees; (d) employ such number of employees as the Council thinks necessary upon such terms and conditions of service as may be determined by the Council for carrying out the purposes of this Act; (e) pay remuneration, allowances and other benefits to the employees; and (f) appoint any practitioner to represent the Council in any committee, panel or institution where that person would subsequently make recommendations to