Denturists Regulation

Denturists Regulation, M.R. 215/92 The Denturists Act , C.C.S.M. c. D35 Regulation 215/92 Registered November 23, 1992 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions LICENSING 2 Application for licence 3 Denturist licensed outside Manitoba 4 Additional requirements 5 Recommendation to board 6 Right to re-apply 7 Internship training 8 Examinations 9 Fees for examinations and licences 10 Licence expiry and renewal STANDARDS OF PRACTICE 11 Fixed location 12 Keeping of records ADVERTISING 13 Advertising NAME OF PRACTICE 14 Name of practice DISCIPLINE 15 Complaints committee 16 Submission of complaints 17 Inquiry by board 18 Professional misconduct MISCELLANEOUS 19 Forms 20 Repeal 21 Coming into force Schedule DEFINITIONS Definitions 1 In this regulation, "Act" means The Denturists Act ; («  Loi  ») "intern" means a person who has graduated from a school of denturism and is pursuing practical apprenticeship training under a licensed denturist. (« stagiaire ») LICENSING Application for licence 2 A person who has not previously been registered or licensed as a denturist may apply for a licence to practise as a denturist by submitting to the committee a completed application in Form 1 of the Schedule and evidence satisfactory to the committee that the person (a) is or will be, before the licence is issued, a resident of Manitoba; and (b) has successfully completed a total of four years of training, consisting of (i) a course of training at a Canadian school of denturism approved by the minister, and (ii) internship under a licensed denturist in Manitoba. Denturist licensed outside Manitoba 3(1) A person who is registered or licensed to practise as a denturist in a Canadian jurisdiction outside Manitoba may apply for a licence to practise as a denturist in Manitoba by submitting to the committee a completed application in Form 1 of the Schedule and evidence satisfactory to the committee that the person (a) is or will be, before the licence is issued, a resident of Manitoba; and (b) has completed training equivalent to the requirements set out in clause 2(b). 3(2) An applicant who is registered or licensed to practise as a denturist in a jurisdiction outside Canada shall, in addition to complying with the requirements set out in subsection (1), submit evidence satisfactory to the committee that the applicant has successfully completed a six-month internship program in Manitoba under the supervision of a licensed denturist. Additional requirements 4 An applicant for a licence under section 2 or 3 shall (a) pass the examination referred to in section 8; (b) pay the fees prescribed by section 9; and (c) pay all association fees approved by the board. Recommendation to board 5 Where an applicant meets the qualifications and complies with the requirements set out in section 2 or 3 and section 4, the committee shall recommend to the board that a denturist's licence be issued to the applicant. Right to re-apply 6 Nothing in this regulation prevents a person whose application for a licence has been rejected, or whose licence has been suspended or cancelled, from re-applying for a licence. Internship training 7(1) An internship program under a licensed denturist in Manitoba shall be for a continuous period, of a duration that meets the requirements set out in clause 2(b) or subsection 3(2), during which the intern shall perform the practical functions set out in written guidelines established by the committee. 7(2) Where an intern successfully completes an internship program, the supervising denturist shall complete and provide the committee with a certificate in Form 2 of the Schedule. 7(3) All intra-oral procedures provided by an intern shall be provided in the presence of and under the supervision of a licensed denturist. 7(4) No more than two interns may be employed by a denturist at any time. Examinations 8(1) An examination required under clause 4(a) shall consist of (a) an oral or written theoretical examination; and (b) a practical examination, which shall not be administered to an applicant until he or she has passed the theoretical examination. 8(2) No applicant under section 2 or subsection 3(2) may take an examination under this section until he or she has successfully completed an internship program in accordance with section 7. 8(3) An applicant who fails a theoretical or practical examination may repeat the examination no more than two times, one year apart, but is not entitled to take another examination without the prior approval of the board. 8(4) Where interns employed by a licensed denturist continually fail the theoretical or practical examinations referred to in subsection (1), the board may, on the recommendation of the committee, prohibit the licensed denturist from employing interns. Fees for examinations and licences 9 The fees required to be paid under clause 4(b) are: (a) a non-refundable examination fee set by by-law of the association for each of the theoretical and practical portions of the examination; and (b) a licence fee of $200., payable upon successful completion of the required theoretical and practical examinations. Licence expiry and renewal 10(1) Unless sooner suspended or cancelled under the Act, a licence or licence renewal is valid from the issuing date to 5 p.m. on the following October 31. 10(2) The board shall, upon the expiry of a licence or licence renewal, issue a renewal if before the expiry the holder (a) pays a renewal fee of $200.; (b) pays all association fees prescribed by by-law of the board; and (c) is not in contravention of the Act or this regulation, the by-laws of the association or any term or condition of the holder's licence. 10(3) Where the holder of a licence or licence renewal fails to pay fees in accordance with subsection (2), the board may issue a renewal if, within 30 days after the date of expiry, the holder (a) pays the fees required under clauses (2)⁠(a) and (b); (b) submits evidence satisfactory to the board that the failure to comply with subsection (2) was inadvertent or unavoidable; and (c) is not otherwise in contravention of the Act or this regulation, the by-laws of the association or any term or condition of the holder's licence. 10(4) Where a denturist's licence has expired and has not been renewed under subsection (2) or (3), or where a denturist has ceased to practise for a period exceeding 12 months, the board may, upon compliance by the denturist with any requirements imposed by the board and receipt from the denturist of the fees required under clauses (2)⁠(a) and (b), issue a licence renewal subject to such conditions as the board may impose. STANDARDS OF PRACTICE Fixed location 11(1) The premises at which a denturist carries on his or her practice shall be in a fixed location. 11(2) A denturist shall keep the board advised at all times of the address of his or her principal clinic and of any subsidiary clinic and shall inform the board of any change of address within 14 days of the change. Keeping of records 12 A denturist shall keep on his or her business premises for no less than five years the following documents and records: (a) the name and address of every person to whom the denturist supplies goods or services, the nature of the goods or services and the dates they were supplied; (b) every certificate of oral health and prescription furnished to the denturist, or a true copy of every such certificate and prescription, and a record of the date each was received by the denturist; (c) the names and addresses of the denturists' employees and interns and their qualifications and duties. ADVERTISING Advertising 13 Advertising by a denturist shall be seemly and dignified and not in any way misleading to the public and may contain such information as the denturist's name, clinic name, location, telephone number, services or products offered and hours of business. NAME OF PRACTICE Name of practice 14 A denturist shall observe the following rules relating to the name under which he or she practises: (a) the name a denturist may practise under shall consist of no more than the denturist's name, the names of any associates, the words "and Company" or "Denture Clinic", and words identifying him or her as a licensed denturist or a member of a denture clinic operated by a licensed denturist; (b) a denturist may practice under one corporate name or one trade name, but, subject to clauses (c) and (d), shall not use both a corporate name and a trade name; (c) a denturist who acquires the files or clinic of a denturist who has ceased to practise may use, in addition to his or her corporate or trade name, the corporate or trade name of his or her predecessor for no more than two years after the acquisition, after which only one corporate or trade name may be used; (d) a denturist who operates a subsidiary clinic may use a separate corporate or trade name for that clinic but in all such cases the name of the operating denturist shall also be used. DISCIPLINE Complaints committee 15 The board shall appoint a complaints committee composed of three members of the association, one of whom shall be elected by the three members to act as chairperson, and one lay member appointed by the board. Submission of complaints 16(1) A complaint that a denturist is guilty of professional misconduct shall (a) be in writing; (b) set out the nature of the complaint and the evidence in support of it; and (c) be submitted to the complaints committee. 16(2) The complaints committee shall investigate all complaints received by it and, upon completion of the investigation, shall (a) dismiss the complaint; (b) resolve the complaint by mediation; or (c) refer the complaint to the board. Inquiry by board 17(1) Where a complaint is referred to the board under section 16, the board shall inquire into and determine the matter. 17(2) The board shall determine its own practice and procedure. 17(3) For the purposes of an inquiry under this section, the board may (a) require the attendance at a hearing of a denturist against whom a complaint has been made and request the attendance of any other person whose evidence may be required; and (b) retain legal counsel and such other advisers as it considers necessary. 17(4) A denturist who is the subject of an inquiry and a complainant are entitled to (a) receive no less than 10 days' notice in writing of a hearing, including, in the case of the denturist, particulars of the complaint, by personal service or registered mail; (b) attend the hearing and be represented by legal counsel; and (c) be given an opportunity to present oral or written evidence and make oral or written representations at the hearing. 17(5) A person who is served with a notice under clause (4)⁠(a) and fails to attend the hearing is not entitled to any further notice or to participation in the proceedings, but the board may, in its discretion, receive submissions or evidence from the person subject to such terms as the board may impose. 17(6) The board may receive and accept such evidence and information as it considers appropriate, whether admissible as evidence in a court of law or not. 17(7) After an inquiry, the board shall prepare a written decision, including reasons, and send a copy of the decision to the denturist who was the subject of the inquiry and the complainant. Professional misconduct 18 For the purposes of this regulation, "professional misconduct" means any misconduct by a denturist relating to the provision of services to the public, and, without restricting the generality of the foregoing, includes: (a) failing to abide by the terms, conditions or limitations of his or her licence; (b) contravening any provision of the Act or regulations or the by-laws of the association; (c) failing to maintain adequate patient records; (d) practising as a denturist while being mentally or physically incapable of doing so; (e) practising as a denturist while the ability to perform any professional service is impaired by alcohol or drugs; (f) being convicted of an offence that, in the opinion of the board, makes it inappropriate for a denturist to continue to practise; (g) obtaining a licence or renewal by misrepresentation or fraud; (h) altering or falsifying a referral respecting partial denture construction and fitting; (i) knowingly submitting a false or misleading account or false or misleading charges; (j) submitting an account or charging a fee for dental prosthetic service that is excessive or unreasonable in relation to the service provided; (k) refusing to give entry at reasonable times to a person duly appointed by the board for the purpose of inspecting the premises in which the denturist practises; (l) failing to protect the confidentiality of any fact or matter relating to a patient; (m) failing to exercise due care and attention in the provision of services; (n) failing to maintain appropriate standards of cleanliness and hygiene in the provision of services. MISCELLANEOUS Forms 19 The forms set out in the Schedule are prescribed for use under the Act. Repeal 20 Manitoba Regulation 229/85 is repealed. Coming into force 21 This regulation comes into force on September 24, 1992, or on the day it is registered under The Regulations Act , whichever is later. SCHEDULE Forms Form Title Form 1 Application for Denturist's Licence Form 2 Certificate of Supervising Denturist Form 3 Certificate of Oral Health Form 4 Denturist Licence