DENTAL ACT 1971

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 51 DENTAL ACT 1971 As at 1 December 2021 2 DENTAL ACT 1971 Date of Royal Assent… … … … … … … 27 September 1971 Date of publication in the Gazette… … … 30 September 1971 Latest amendment made by P.U. (A) 298/2021 which came into operation on ... ... ... ... … … … … 7 July 2021 PREVIOUS REPRINTS First Reprint ... ... ... ... 1993 Second Reprint ... ... ... ... 1999 Third Reprint … … … … 2006 3 LAWS OF MALAYSIA Act 51 DENTAL ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II THE MALAYSIAN DENTAL COUNCIL 3. Establishment and composition of the Council 4. Duties and powers of the Council 5. Public Authorities Protection 6. Public servants 7. Application of First Schedule 8. Power of the Minister to issue directions 9. Returns PART III REGISTRATION OF DENTAL PRACTITIONERS: PRACTICE OF DENTISTRY 10. Registrar 11. Malaysian Dental Registe 4 Laws of Malaysia ACT 51 Section 12. Persons entitled to be registered as dental surgeons 13. Persons entitled to be registered as dentists 14. Temporary practising certificate 15. Evidence of qualification to be given before entry on the Register 16. Application for registration 17. Restriction on registration 18. Certificate of registration 19. Annual practising certificate 20. Publication of list of registered dental practitioners issued with annual practising certificates 21. Notification of change in permanent address of residence or practice 22. Power of Council to make certain endorsement against names in the Register 23. Cessation of registration 24. Alterations in the Register 25. Privileges of registered persons and disabilities of unregistered persons 26. Dental certificate 27. Definition 28. Dental bodies corporate 29. Exhibition of certificate of registration and annual practising certificate 30. Practitioner operating multiple practices to furnish particulars of the practitioners at each place of practice 31. Inspection of premises used for the practice of dentistry PART IV DISCIPLINARY PROCEEDINGS 32. Disciplinary jurisdiction of the Council 33. Disciplinary punishments 34. Appeal against order or decision of the Council Dental 5 PART V GENERAL Section 35. Fraudulent registration 36. Offences 37. Prohibition of practice of dentistry by unregistered persons 38. Covering 39. Penalty for registered dentists falsely describing vocation 40. Prosecutions 41. Exemptions 42. General penalty PART VI REGULATIONS, SAVING AND REPEAL 43. Regulations 44. Saving 45. Repeal PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES 46. Purpose, commencement and duration of this Part 47. Notice to registered person to serve as a dental officer in the public services 48. Period of service in pursuance of a notice under subsection 47(1) 49. Power of Minister to grant reduction, exemption or postponement from period of service under section 48 50. Minister may make rules FIRST SCHEDULE SECOND SCHEDULE 7 LAWS OF MALAYSIA Act 51 DENTAL ACT 1971 An Act to consolidate and amend the law relating to the registration and practice of dental practitioners and for national purposes to provide for certain provisions with regard to a period of service in the public services after registration as a dental practitioner; and to make provision for purposes connected with the aforesaid matters. [1 February 1972, P.U. (A) 28/1972] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title 1. This Act may be cited as the Dental Act 1971. Interpretation 2. (1) In this Act, unless the context otherwise requires— “certificate of registration” means a certificate of registration issued under section 18; 8 Laws of Malaysia ACT 51 “Council” means the Malaysian Dental Council established under section 3; “dental practitioner” means a person registered in the Register; “dental surgeon” means a dental practitioner registered in Division I of the Register; “dentist” means a dental practitioner registered in Division II of the Register; “Director General” means the Director General of Health, Malaysia; “Director” means the Director of Dental Services, Malaysia; “member” means a member of the Malaysian Dental Council established under section 3; “practising certificate” means the annual practising certificate referred to in section 19; “practitioner” means a dental practitioner; “prescribed” means prescribed by regulations made under this Act; “President” means the President of the Malaysian Dental Council appointed by subparagraph 1(1) of the First Schedule; “public services” has the meaning assigned to it in Article 132 of the Constitution and, in addition, it also means the service of any local authority or the service of any statutory authority exercising powers vested in it by federal or State law, and the expression “public service” shall be construed accordingly; “qualification” means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate, or other status or document granted by any university, corporation, college, or other body, or by any department of, or Dental 9 persons acting under the authority of, the government of any country or place in or outside Malaysia; “Register” means the Malaysian Dental Register required to be maintained under section 11; “registered” means registered under section 12 or 13, as the case may be; “registered address” means the address appearing upon the certificate of registration issued under section 18; “Registrar” means the Registrar of Dental Practitioners referred to in section 10; “Secretary” means the Secretary of the Council appointed under paragraph 4 of the First Schedule. (2) A person shall be deemed to practice dentistry within the meaning of the Act who, for the sake of gain or otherwise— (a) treats or attempts to treat or professes to treat, cure, relieve or prevent any disease, deficiency or lesion or pain of the human teeth or jaws; (b) performs or attempts to perform any operation on human teeth or jaws; (c) inserts or attempts to insert any artificial teeth or appliances for the restoration, regulation or improvement of the teeth or accessory structures; (d) performs any radiographic work in connection with human teeth or jaws or the oral cavity; (e) gives any treatment, advice or attendance on or to any person in connection with the fitting or insertion for the purpose of fitting or fixing of artificial teeth or of a crown 10 Laws of Malaysia ACT 51 (f) or bridge or an appliance for the restoration or regulation of the human teeth or jaws; (g) gives any anaesthetic in connection with any such operation or treatment as above mentioned under this subsection; or (h) holds himself out whether directly or indirectly as practising dentistry. PART II THE MALAYSIAN DENTAL COUNCIL Establishment and composition of the Council 3. (1) A body corporate with perpetual succession and a common seal to be called the Malaysian Dental Council is established which shall consist of— (a) the Director General; (b) the Director; (c) (Deleted by Act A982); (d) (Deleted by Act A982); (e) six dental surgeons from among the staff of the dental faculties of the higher educational institutions in Malaysia to be appointed by the Minister; (ea) six dental surgeons to be appointed by the Minister; (f) six dental surgeons resident in Peninsular Malaysia to be elected by the dental surgeons resident in Peninsular Malaysia; Dental 11 (g) one dental surgeon resident in Sabah to be elected by the dental surgeons resident in Sabah; (h) one dental surgeon resident in Sarawak to be elected by the dental surgeons resident in Sarawak; (i) one dentist resident in Peninsular Malaysia to be elected by the dentists resident in Peninsular Malaysia; and (j) one dentist resident in Sabah or Sarawak to be elected by the dentists resident in Sabah or Sarawak. (2) No person shall be nominated and appointed to be a member under paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) unless such person is a citizen and holds a current practising certificate. (3) No person shall be eligible to elect a member unless such person holds a current practising certificate. (4) No person may at the same time serve as a member in more than one capacity. (5) A person may be nominated and appointed to be a member under paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) thereof notwithstanding that he has previously been a member under any of the paragraph of subsection (1). (6) The members referred to in paragraph (1)(e) or (ea) shall be nominated and appointed thereunder for a period not exceeding three years. (7) The members elected under paragraphs (1)(f) to (j) shall hold office for a period not exceeding three years. (8) Any person who is a member by virtue of paragraphs (1)(e) to (j) may at any time resign his office by letter addressed to the President. 12 Laws of Malaysia ACT 51 (9) Where any person who is a member by virtue of paragraphs (1)(e) to (j) dies before completion of his term of office, or resigns, or otherwise ceases to be a member by reason of any provision of this Act, a person shall be nominated and appointed or elected, as the case may be, in his place in accordance with the provisions applying in the case of the person dying or resigning or ceasing to be a member for the residue of the term for which such person might have held office if he had not died or resigned or ceased to be a member: Provided that on the death or resignation of a member elected under paragraphs (1)(f) to (j) within twelve months before the date on which his term of office would have come to an end by effluxion of time, the vacancy shall not be filled for the residue of that term. (10) The election of the members referred to in paragraphs (1)(f) to (j) shall be conducted in such manner as may be prescribed. (11) If any of the bodies referred to in paragraphs (1)(e) to (j) does not, by such date as may be prescribed, nominate or elect, as the case may be, a person to be a member of the Council, the Minister shall appoint in his place as a member a person qualified to be so nominated or elected, as the case may be, and any person so appointed shall be deemed to be a member as if he had been duly nominated or elected, as the case may be, by such body. (12) (Deleted by Act A982). (13) A practitioner shall not be qualified to be nominated and appointed or elected to be a member, as the case may be, under paragraphs (1)(e) to (j)— (a) if he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (b) if he is an undischarged bankrupt; or Dental 13 (c) if his name has at any time been struck off from the Register. (13A) A practitioner whose name has been suspended from the Register or who has been reprimanded under section 33 shall not be eligible to be nominated and appointed or elected or appointed, as the case may be, under paragraphs (1)(e) to (j)— (a) in the case of a suspension, for a period of six years after the expiration of such suspension; or (b) in the case of a reprimand, for a period of six years from the date of such reprimand. (14) If a member who has been nominated and appointed or elected, as the case may be, under the provisions of any of the paragraphs (1)(e) to (j) ceases, by reason of any provision of this Act, to be qualified to be so nominated and appointed or elected, he shall be deemed to have vacated his seat. (15) Where the Council in the exercise o