Dentists Ordinance, 1955

ST HELENA REVISED EDITION OF THE LAWS, 2017 PUBLIC HEALTH & SAFETY DENTISTS ORDINANCE, 19551 Ordinance 12 of 1955 In force 2 November 1955 Amended by Ordinance 3 of 2001, 2 of 2019 Subsidiary legislation: DENTAL NURSES REGULATIONS, 1955 Page 3 Legal Notice 18 of 1955 Amended by L.N. 22/1955, L.N. 12/1959, L.N. 19/2019 DENTISTS (QUALIFICATION) REGULATIONS, 2009 Legal Notice 21 of 2009 (Revoked by L.N. 19/2019) __________________ DENTISTS ORDINANCE, 1955 ARRANGEMENT OF SECTIONS 1. Short title 2. Definition of dentistry 3. Establishment of Dental Board 4. Qualification for practise of dentistry 5. Penalty 6. Certification of dental nurses 7. Power to make regulations AN ORDINANCE to regulate the practice of dentistry in St Helena. Short title 1. This Ordinance may be cited as the Dentists Ordinance, 1955. Definition of dentistry 2. For the purposes of this Ordinance and regulations made under it the practice of dentistry includes the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists, and the performance of any operation and the giving of any treatment, advice or attendance in connection with the fitting, 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 13 June 2019. 2 insertion or fixing of artificial teeth. Establishment of Dental Board 3.2 (1) For the purposes of this Ordinance this section establishes a Board to be called the Dental Board. (2) The Dental Board consists of— (a) Director of Health (Chief Medical Officer); (b) the Senior Medical Officer; (c) the Lead Dental Officer; (d) the Clinical Governance Officer; and (e) one other member to be appointed by the Governor. Qualification for practise of dentistry 4.3 The Governor, on the recommendation of the Director of Health or in delegation to the Senior Medical Officer or Lead Dental officer following the examination of submitted qualifications and evidence of good standing with previous licensing authority, may appoint a person who possesses appropriate qualifications for the practice of dentistry, to practise dentistry in St Helena. Penalty 5.4 A person who practises dentistry in St Helena without being appointed under section 4 commits an offence. Penalty: A fine of £20,000 or imprisonment for 12 months, or both. Certificate of indemnity 5A.5 (1) If the Governor is satisfied that a person who possesses appropriate qualifications for the practice of dentistry has contravened section 5 either under exceptional circumstances, or at the request of the Director of Health, or of any designated medical or dental personnel acting for the Director, the Governor may issue a certificate of indemnity in respect of the contravention. (2) A person to whom a certificate referred to in subsection (1) has been issued is not liable for any penalty under this Ordinance, nor to any civil action to which the person would not be liable if he or she possessed the qualifications prescribed by this Ordinance. Certification of dental nurses 6. This Ordinance does not prevent the carrying out of procedures falling within the practice of dentistry, within the limits prescribed by regulations made under this Ordinance, by any person who is granted a certificate of competency in dental nursing or who is under training as a dental nurse, as provided by regulations. 2 Section 3 amended by Ord. 2 of 2019 3 Section 4 corrected by Gazette Notice No. 53 of 27 March 2018 and substituted by Ord. 2 of 2019 4 Section 5 substituted by Ord. 2 of 2019 5 Section 5A inserted by Ord. 2 of 2019 3 Power to make regulations 7. The Governor in Council may make regulations— (a) prescribing qualifications for the practice of dentistry in St Helena; (b) regulating the training of dental nurses and the conduct of examinations; (c) regulating the grant of certificates of competency in dental nursing; (d) as to the cancellation or suspension of any such certificate of competency; (e) regulating the practice of dental nurses; (f) generally for carrying into effect the provisions of this Ordinance. ____________ DENTISTS ORDINANCE, 1955 DENTAL NURSES REGULATIONS, 1955 (Section 7) TABLE OF CONTENTS 1. Citation 2. Examination of candidates 3. Grant of Dental Nurses Certificate 4. Cancellation or suspension of certificate 5. Practice of dental nurses Citation 1. These Regulations may be cited as the Dental Nurses Regulations, 1955. Examination of candidates 2. (1) The Dental Board established by section 3 of the Ordinance may appoint a committee to examine candidates for a certificate of competency in dental nursing, to be called a Dental Nurses Certificate. (2) No candidate may be admitted to an examination unless he or she satisfies the Board that he or she— (a) has not less than 2 years’ clinical experience in the simple dental operative techniques, and has received instruction in the administration of local anaesthesia; (b) has reached a sufficient standard of general education; and (c) is of good moral character. (3) The examination must consist of 3 parts— (a) written; (b) oral; and (c) practical. (4) A candidate must satisfy the Committee that he or she has a sound elementary knowledge of dental anatomy, physiology, pathology and pharmacology. 4 Grant of Dental Nurses Certificate 3. A candidate who has passed the examination mentioned in regulation 2 must be granted a Dental Nurses Certificate in the form set out in the Schedule to these Regulations. Cancellation or suspension of certificate 4. The Governor may at any time, on the recommendation of the Dental Board, and on being satisfied that a dental nurse has by reason of negligence, age or any other cause become unfit to practise, cancel or suspend the Dental Nurses Certificate. Practice of dental nurses 5.6 (1) A dental nurse may execute simple fillings and extractions in deciduous or permanent dentitions, and scaling and prophylactic treatments, under the general supervision of a person qualified to practise dentistry and so practising in St Helena or, in the absence of such a person, of the Senior Medical Officer. (2) Subject to sub-regulation (3), no dental nurse may undertake root involved compound fillings, or impacted extractions, or the diagnosis of diseases of the jaws and associated parts, or orthodontic treatment, or the fitting, insertion or fixing of artificial teeth, or the administration of any general anaesthetic, or, except by prior approval of the Senior Medical Officer after advice from a qualified dentist, of any local anaesthetic, or the interpretation of X-ray films. (3) In exceptional circumstances in the absence of a fully qualified dentist from St Helena, the Senior Medical Officer after authorisation by the Director of Health may authorise a dental nurse to carry out any procedures (excepting the administration of general anaesthesia or surgical operations) that the Senior Medical Officer is satisfied the dental nurse is fully competent to perform. SCHEDULE (Regulation 3) DENTAL NURSES CERTIFICATE Date ...................……………………………….. We hereby certify that ....................………………………………………. has been examined by us in accordance with the Dental Nurses Regulations, 1955 made under the Dentists Ordinance, 1955 and has satisfied us that he/she is competent to practise as a dental nurse in accordance with the provisions of the Ordinance and subject to the regulations. Signed Chair 6 Regulation 5 amended by L.N. 19 of 2019 5 Members of the Committee } of Examiners. ___________ 6 DENTISTS ORDINANCE, 1955 DENTISTS (QUALIFICATIONS) REGULATIONS, 2009 (Section 7) (Revoked by L.N. 19 of 2019) Citation 1. … Qualifications of Dentists 2. … SCHEDULE (Regulation 2) … ______________