Dental Hygienists Regulation

Dental Hygienists Regulation, M.R. 80/2008 The Dental Hygienists Act , C.C.S.M. c. D34 Regulation 80/2008 Registered April 10, 2008 bilingual version (HTML) Table of Contents Section 1 Definitions 2-3 Included practices 4-7 Registers 8-12 Registration 13 Temporary practice in Manitoba 14 Disclosure of information 15-16 Converting registration 17 Removal of terms and conditions 18-22 Renewal 23-24 Renewal not approved or approved subject to conditions 25-28 Cancellation and reinstatement 29 Liability protection 30 Standards of practice 31 Regulation review 32 Transitional 33 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Dental Hygienists Act . («  Loi  ») "examination" means (a) the examination administered by the National Dental Hygiene Certification Board; or (b) an examination approved as equivalent by the council. (« examen ») "extended practice roster" means a list of names maintained by the registrar that indicates which members have met the practise hour requirements of clause 3(2)⁠(b). (« liste relative au champ d'exercice élargi ») "facility" means (a) a facility designated as a hospital in the Hospitals Designation Regulation , Manitoba Regulation 47/93; (b) a facility designated as a personal care home in the Personal Care Homes Designation Regulation , Manitoba Regulation 108/2000; (c) a facility designated as a psychiatric facility in the Facilities Designation Regulation , Manitoba Regulation 135/99; or (d) a facility approved by the minister for the purpose of this definition. (« établissement ») "included practices" means the practices referred to in subsection 2(2) of the Act. (« actes autorisés ») "oral anaesthetic roster" means a list of names maintained by the registrar that indicates which members are authorized to administer oral anaesthetic. (« liste relative aux anesthésiques buccaux ») "oral health program" means a program for the promotion or advancement of oral health established or operated by the government, the Government of Canada, a municipality, a regional health authority, the University of Manitoba or a body approved by the minister for the purpose of this definition. (« programme d'hygiène buccodentaire ») "orthodontic roster" means a list of names maintained by the registrar that indicates which members are authorized to perform orthodontic procedures. (« liste relative aux soins orthodontiques ») "restorative roster" means a list of names maintained by the registrar that indicates which members are authorized to perform restorative procedures. (« liste relative aux soins restaurateurs ») INCLUDED PRACTICES Settings in which included practices may be performed 2(1) Subject to subsections (2) to (6) and to section 3, a dental hygienist may perform an included practice, but only in the following settings: (a) in a dentist's office; (b) in a facility; (c) as part of an oral health program; (d) a setting approved by the patient's dentist. Administration of oral anaesthetic 2(2) A dental hygienist may administer oral anaesthetic only if his or her name is listed on the oral anaesthetic roster. Use of oral therapeutic agents 2(3) Despite subsection (1), a dental hygienist may use an oral therapeutic agent in any setting, but is restricted to using only the following oral therapeutic agents: (a) anticariogenic agents; (b) desensitizing agents; (c) periodontal chemotherapeutic agents; (d) any other category of oral therapeutic agents approved by the council. Application of dental sealants 2(4) Despite subsection (1), a dental hygienist may apply a dental sealant in any setting, but only if, after assessing a tooth, the dental hygienist determines that there is no obvious sign of decay. Performing orthodontic procedures 2(5) A dental hygienist may perform orthodontic procedures only if his or her name is listed on the orthodontic roster. Performing restorative procedures 2(6) A dental hygienist may perform restorative procedures only if his or her name is listed on the restorative roster. Supervision requirement for included practices 3(1) A dental hygienist who performs an included practice must be supervised by a dentist, except as authorized by this section. Included practices listed in clauses 2(2)⁠(a) to (c) of the Act 3(2) A dental hygienist may perform an included practice listed in clause 2(2)⁠(a) to (c) of the Act without supervision by a dentist, but only if (a) after reviewing the patient's health record, the dental hygienist determines that the patient (i) does not have an oral health or other medical condition that could affect the appropriateness or safety of the procedure, and (ii) is not taking a drug or a combination of drugs with which the dental hygienist is unfamiliar, or which could affect the appropriateness or safety of the procedure; and (b) the dental hygienist has practised dental hygiene for not less than 3,000 hours. Oral health or other medical condition, or the taking of drugs 3(3) Despite subsection (2), if a dental hygienist who satisfies the requirements of clause (2)⁠(b) determines that a patient has an oral health or other medical condition described in subclause (2)⁠(a)⁠(i), or is taking a drug or a combination of drugs as described in subclause (2)⁠(a)⁠(ii), the dental hygienist may perform an included practice listed in clause 2(2)⁠(a) to (c) of the Act without supervision by a dentist if (a) the dental hygienist consults with (i) a dentist, a physician, a registered nurse registered under the Extended Practice Regulation , Manitoba Regulation 43/2005, or a person registered as a clinical assistant under the Clinical Assistants Regulation , Manitoba Regulation 183/99, as appropriate, in the case of an oral health or other medical condition, or (ii) a dentist, physician or pharmacist, as appropriate, in the case of a drug or combination of drugs; and (b) after consulting under clause (a), the dental hygienist is satisfied that it is appropriate and safe to proceed without the supervision of a dentist. Included practices listed in clauses 2(2)⁠(d) and (e) of the Act 3(4) A dental hygienist may perform an included practice listed in clause 2(2)⁠(d) or (e) of the Act without supervision by a dentist. REGISTERS Additional registers 4 In addition to the registers referred to in subsection 7(1) of the Act, the registrar must maintain the following registers: (a) a non-practising register; (b) a temporary practice register. Additional information in dental hygienist register 5 For the purpose of clause 7(2)⁠(e) of the Act, the following additional information is to be kept in the register of dental hygienists for each member: (a) home address and telephone number; (b) date of birth; (c) registration number and date of registration; (d) any order made by a panel under section 45 of the Act; (e) whether the member is listed on one or more of the following: (i) the extended practice roster; (ii) the oral anaesthetic roster; (iii) the orthodontic roster; (iv) the restorative roster. Information to be kept in other registers 6 The following information is to be kept in the register of students and the registers required by section 4, for each member: (a) name and, if the member is employed, business address and telephone number; (b) home address and telephone number; (c) date of birth; (d) registration number, and the date and type of registration; (e) any conditions imposed on the certificate of registration; (f) a notation of any cancellation, suspension or non-renewal of the certificate of registration; (g) the result of any disciplinary proceeding in which a panel has made a finding under section 44 of the Act; (h) any order made by a panel under section 45 of the Act. Public information 7 The information referred to in the following provisions is public information for the purpose of clause 7(3)⁠(d) of the Act: (a) clauses 5(c) to (e); (b) section 6, other than clauses (b) and (c). REGISTRATION Eligibility for registration as a dental hygienist 8(1) In addition to the requirements of section 9 of the Act, the requirements for registration as a dental hygienist are as follows: (a) beginning with the registration period that starts January 15, 2009, and subject to subsection (2), the applicant has passed the examination; (b) the applicant must not suffer from a physical or mental condition or disorder, or an addiction to alcohol or drugs, that makes it desirable in the public interest that he or she not practise dental hygiene; (c) if the applicant's first language is not English or French, the applicant must be able to speak and write either English or French in accordance with the language fluency criteria established by the council; (d) the applicant has not been convicted of an offence that is relevant to his or her suitability to practise; (e) if the applicant was previously registered as a dental hygienist in another jurisdiction, he or she must provide proof of membership in good standing from each jurisdiction in which he or she was registered during the past five years. Exceptions to examination requirements 8(2) Clause (1)⁠(a) does not apply to the following classes of applicants: (a) persons who practised dental hygiene in Manitoba prior to the coming into force of this regulation without being required to pass the examination; (b) persons who have practised in a Canadian jurisdiction other than Manitoba without being required to pass the examination. Exception where education credentials not met 8(3) An applicant who has received dental hygiene education other than a dental hygiene education program approved by council, or who cannot provide evidence of or information relating to his or her dental hygiene education satisfactory to the board of assessors, is eligible to register if he or she (a) has passed the examination; (b) has undergone an assessment of his or her prior learning as may be required by the board of assessors; (c) if required, has successfully completed a course of instruction or a period of supervised practice, or both, as specified by the board of assessors; and (d) has satisfied all other requirements for registration. Application for registration as a dental hygienist 9(1) An applicant for registration on the register of dental hygienists must submit the following to the board of assessors: (a) a completed application in a form approved by the board of assessors; (b) satisfactory proof of identity; (c) evidence that he or she meets the requirements of subsection 9(1) of the Act and section 8; (d) evidence of one of the following: (i) subject to subsection (2), that the applicant has practised dental hygiene for a minimum of 600 hours in the three-year period immediately preceding the year for which registration is sought; (ii) that the applicant holds a current unrestricted practice certificate from a body with statutory authority to license or regulate dental hygienists in a Canadian jurisdiction other than Manitoba; (iii) that the applicant has met the requirements of clause 9(1)⁠(a) of the Act within the previous 12 months; (e) evidence that the applicant meets the liability insurance requirements of section 29; (f) evidence of completion of any continuing competency requirements the council may require; (g) evidence that the dental hygienist holds current cardiopulmonary resuscitation certification at a level required by the council. Practice requirements for recent graduates 9(2) If the applicant has met the requirements of clause 9(1)⁠(a) of the Act within the previous 24 months, the minimum number of hours required for the purpose of subclause (1)⁠(d)⁠(i) is 400 hours. Practice requirements effective in 2010 9(3) Clause (1)⁠(d) and subsection (2) are effective beginning with the registration period that starts January 15, 2010. Eligibility for non-practising registration 10(1) An applicant is eligible for registration on the non-practising register if he or she meets the criteria set out in (a) subsection 9(1) of the Act; (b) clauses 8(1)⁠(b) and (d); and (c) if applicable, clause 8(1)⁠(c). Application for non-practising registration 10(2) An applicant for registration on the register of non-practising dental hygienists must pay the fee provided for in the by-laws, and submit the following to the board of assessors: (a) a completed application in a form approved by the board of assessors; (b) satisfactory proof of identity; (c) evidence that he or she meets the criteria of subsection (1); (d) if required by the council, evidence of completion of continuing competency requirements specified by the council. Application for student registration 11 An applicant for registration as a student dental hygienist must submit a completed application form to the board of assessors. Use of title 12 Every member in the register of dental hygienists is entitled to use the abbreviation R.D.H. following his or her name or signature. TEMPORARY PRACTICE IN MANITOBA Application for temporary practice 13(1) An applicant registered in good standing in a jurisdiction outside Manitoba to practise dental hygiene may apply for temporary registration authorizing the applicant to provide clinical dental hygiene services in Manitoba for a specific purpose and for a limited period. Method of application 13(2) An applicant under subsection (1) must (a) submit a written application to the board of assessors, in a form satisfactory to the board, stating the specific purpose and the proposed period during which he or she wishes to practise; (b) provide evidence satisfactory to the board of assessors that he or she is registered in good standing in the other jurisdiction to practise dental hygiene, and has a level of competence appropriate to the specific purpose; (c) evidence that the applicant meets the liability insurance requirements of section 29; (d) provide any other information that the board of assessors may require, in the form and within the time required by the board; and (e) pay the fee provided for in the by-laws. Registration on the temporary practice register 13(3) On receiving an application under this section, the board of assessors may, if it is satisfied that it is in the public interest to do so, enter the applicant's name in the temporary register. Temporary registrant may practise 13(4) A person named in the temporary register is entitled to practise dental hygiene, for the purpose and for the period specified in his or her certificate of registration, as if he or she were a member named in the register of dental hygienists. DISCLOSURE OF INFORMATION Applicant to disclose information 14 An applicant for registration or renewal of registration must disclose the following information about himself or herself and his or her practice of dental hygiene or any other profession, whether in Manitoba or in another jurisdiction: (a) any finding by a professional regulatory body of professional misconduct, conduct unbecoming, incompetence, an incapacity or lack of fitness to practise, or any similar finding; (b) any proceeding by a professional regulatory body in relation to professional misconduct, conduct unbecoming, incompetence, an incapacity or lack of fitness to practise, or any similar proceeding; (c) any denial of registration by a professional regulatory body, including reasons for the denial; (d) a conviction for an offence under (i) the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada), or (ii) a criminal or penal statute of a jurisdiction outside Canada that is, or may be, relevant to his or her suitability to practise. CONVERTING REGISTRATION Conversion from practising to non-practising 15 A dental hygienist is entitled to have his or her registration converted to the non-practising register by providing any information that the board of assessors may require, in the form and within the time set by the board, and paying the fee provided for in the by-laws. Conversion from non-practising to practising 16(1) A member is entitled to have his or her registration converted from the non-practising register to the register of dental hygienists if he or she (a) provides any information that the board of assessors may require, in the form and within the time required by the board; (b) pays the fee provided for in the by-laws; (c) satisfies the requirements of section 9; and (d) provides evidence, if required to do so in accordance with policies established by the council, that he or she is fit to engage in the safe practice of dental hygiene. Inability to meet certain requirements 16(2) If the applicant is unable to meet the criteria of subclause 9(1)⁠(d)⁠(i) or clause 9(1)⁠(f), or both, the applicant will be deemed to have satisfied the requirements of one or both of those provisions, as the case may be, if he or she successfully completes any assessment, examination or re-entry training required by the council. REMOVAL OF TERMS AND CONDITIONS Application to remove terms and conditions 17(1) If a member believes that he or she has satisfied any terms or conditions that have been placed on the member's registration, other than those imposed under Part 6 of the Act, and he or she wishes to have those terms or conditions varied or removed, the member must (a) provide any information that the board of assessors may require, in the form and within the time required by the board; (b) pay the fee provided for in the by-laws; and (c) provide evidence satisfactory to the board of assessors, in accordance with policies established by the council, that he or she would be fit to engage in the safe practice of dental hygiene, if the terms or conditions were to be varied or removed as requested. Removal of terms or conditions 17(2) If the board of assessors is satisfied that the requirements of subsection (1) have been met, it must vary or remove the terms or conditions as requested. RENEWAL Requirement to renew 18 Each member must renew his or her registration at such time or times as required by the college. Renewal of practising registration 19(1) A dental hygienist is entitled, on application, to have his or her registration renewed upon (a) providing any information that the board of assessors may require, in the form and within the time required by the board; (b) effective beginning with the registration period that starts January 15, 2010, providing evidence that he or she has practised as a dental hygienist for the minimum number of hours required by subclause 9(1)⁠(d)⁠(i) or subsection 9(2); (c) satisfying any continuing competency requirements required by the council; (d) providing a declaration that he or she does not suffer from a physical or mental condition or disorder, or an addiction to alcohol or drugs, that makes it desirable in the public interest that he or she not practise dental hygiene; (e) establishing that his or her name has not been removed for cause from the register of persons authorized to engage in the practice of dental hygiene in Canada or elsewhere; (f) establishing that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of dental hygiene in Canada or elsewhere; (g) providing evidence that he or she meets the liability insurance requirements of section 29; (h) declaring that he or she has not been convicted of an offence that is relevant to his or her suitability to practise; (i) providing evidence that he or she maintains current cardiopulmonary resuscitation certification at a level required by the council; (j) paying the fee provided for in the by-laws; and (k) meeting any other requirements that the council may require. Renewal subject to terms and conditions 19(2) If an applicant for renewal does not meet the requirements of any one or more of clauses (1)⁠(b) to (i), the board of assessors may renew the registration, subject to any terms and conditions it considers appropriate, for up to one year. Renewal of student registration 20 Subsection 19(1) — not including clauses 19(1)⁠(b), (c), (e), (f) and (g) — and subsection 19(2) apply, with the necessary changes, to the renewal of a student registration. In addition, an applicant for renewal on the student register must provide evidence that he or she continues to be engaged in a dental hygiene education program approved by the council. Renewal of non-practising registration 21 Subsection 19(1) — not including clauses 19(1)⁠(b), (c), (d), (g) and (i) — and subsection 19(2) apply, with the necessary changes, to the renewal of a non-practising registration. Change in requirements does not affect right to renew 22 A change in the educational requirements for registration does not affect a person's right to renew his or her registration, if the person was registered with the college, or in a different Canadian province or territory, before the change was made. RENEWAL NOT APPROVED OR APPROVED SUBJECT TO CONDITIONS Application for renewal not approved 23 If the board of assessors does not approve an application for renewal or approves an application subject to conditions, it must give notice to the applicant in writing, with reasons for its decision, and must advise the applicant of the right to appeal its decision to the council. Appeals 24 A person whose application for renewal is not approved or is approved subject to conditions may appeal that decision to the council, in which case sections 12 and 13 of the Act apply, with the necessary changes. CANCELLATION AND REINSTATEMENT Notice of default in paying renewal fee 25(1) If a member is in default of payment of his or her renewal fee, the registrar may give the member notice of his or her default. This notice must be in writing and must be personally delivered to the member or sent by registered mail to the member's address as shown on the records of the college. Cancellation for non-payment of renewal fee 25(2) The member's registration is automatically cancelled 15 days after the notice was personally delivered or sent by registered mail, unless before that period expires, the member pays his or her outstanding renewal fees plus any penalty provided for in the by-laws. Notice of non-compliance with renewal requirements 26(1) If a dental hygienist has failed to meet the requirements of subsection 19(1), the registrar must, not earlier than 14 days after the expiry of the member's registration, give notice to the member of his or her failure to meet the requirements. This notice must be in writing and must be personally delivered to the member or sent by registered mail to the member's address as shown on the records of the college. Cancellation for non-compliance with renewal requirements 26(2) The dental hygienist's registration is automatically cancelled 15 days after the notice was personally delivered or sent by registered mail, unless before that period expires, the member meets the requirements of subsection 19(1). Notice of cancellation 27(1) If a member's registration is cancelled under subsection 25(2) or 26(2), the registrar must give notice of the cancellation to the member. This notice must be in writing and must be personally delivered to the member or sent by registered mail to the member's address as shown on the records of the college. Notice of cancellation to member's employer 27(2) If notice is given to a member under subsection (1), the registrar must also give notice to the member's employer, if any. This notice may be sent by ordinary mail to the address of the employer as shown on the records of the college. Reinstatement of membership cancelled for non-payment of fees 28 If a member's registration has been cancelled for non-payment of fees, the former member is entitled, upon application, to have his or her membership reinstated by satisfying the following: (a) providing any information the council may require, in the form and within the time required by the council; (b) paying the outstanding fees, plus any penalty provided for in the by-laws; (c) if the application is made more than one year after his or her registration was cancelled, and if required to do so by any policies established by the council, provide evidence in accordance with those policies that the former member is fit to engage in the safe practice of dental hygiene; (d) meeting all other requirements for the renewal of registration. LIABILITY PROTECTION Liability protection 29 A member who provides clinical dental hygiene services must obtain or be covered by, and maintain, liability insurance coverage in an amount of at least $3,000,000. STANDARDS OF PRACTICE Standards of practice 30(1) The standards of practice for a dental hygienist are the practice standards and practice competencies set out in the latest editions of the following documents, published by the college: (a) College of Dental Hygienists of Manitoba Practice Standards; (b) College of Dental Hygienists of Manitoba Practice Competencies. Failure to comply with a standard 30(2) Every member must comply with the standards of practice. REGULATION REVIEW Regulation review 31 Not later than five years after the day this regulation comes into force, the council must (a) review the effectiveness of the operation of the regulation, and in so doing, consult with such persons affected by the regulation as the council considers appropriate; and (b) if it considers it advisable, amend or repeal the regulation. TRANSITIONAL "Grandparenting" of dental hygienists 32(1) For any registration period beginning before January 15, 2009, a person who has been licensed by the Manitoba Dental Association as a dental hygienist at any time since January 15, 2004, is entitled, upon satisfying the requirements of subsection (2), to be registered as a dental hygienist. Requirements for "grandparenting" registration 32(2) A person applying for registration under this section must pay the fee required by the council, and provide the following to the board of assessors: (a) a completed application in a form approved by the board of assessors; (b) satisfactory proof of identity; (c) evidence that he or she meets the liability insurance requirements of section 29; (d) evidence of completion of any continuing competency requirements the board of assessors may require; (e) evidence that the dental hygienist holds current cardiopulmonary resuscitation certification at a level required by the council; (f) a declaration that the applicant does not suffer from a physical or mental condition or disorder, or an addiction to alcohol or drugs, that makes it desirable in the public interest that he or she not practise dental hygiene; (g) a declaration that the applicant has not been convicted of an offence that is relevant to his or her suitability to practise; (h) a declaration that his or her name has not been removed for cause from the register of persons authorized to engage in the practice of dental hygiene in Canada or elsewhere; (i) a declaration that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of dental hygiene in Canada or elsewhere; (j) providing any other information that may be required by the board of assessors. Terms or conditions 32(3) A registration under this section may be made subject to any terms or conditions that the board of assessors considers advisable. COMING INTO FORCE Coming into force 33 This regulation comes into force on the same day that The Dental Hygienists Act , S.M. 2005, c. 51, comes into force.