Dentists Act (Belize)

Dentists Act

Published: 2000

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CAP. 316, DENTISTS ACT BELIZE

DENTISTS ACT CHAPTER 316

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

DENTISTS ACT 4 Amendments in force as at 31st December, 2000.

BELIZE

DENTISTS ACT CHAPTER 316

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

DENTISTS ACT 4 Amendments in force as at 31st December, 2000.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer,

3

CHAPTER 316

DENTISTS

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Prohibition of practice of dentistry by unregistered persons.

4. Use of title and descriptions.

5. Unregistered person not to recover fees.

6. Qualifications necessary for registration.

7. Government dentists.

8. Keeping of register and publication.

9. Registration of persons in Register.

10. Appeal from Council.

11. Evidence of registration.

12. Disgraceful conduct.

13. Correction of Register, and removal of name therefrom.

14. Penalty for obtaining registration by false representations.

FIRST SCHEDULE

SECOND SCHEDULE

CHAPTER 316

DENTISTS

[1st October, 1923]

1. This Act may be cited as the Dentists Act.

2. In this Act, unless context otherwise requires-

“Council” means the Medical Council of Belize established under section 3 of the Medical Practitioners Registration Act;

“Register” means the Dentists’ Register kept under section 8;

“Registrar” means the Registrar General.

3.-(1) No person shall, unless he is registered under this Act-

(a) practise or hold himself out, directly or indirectly, as practising or prepared to practise dentistry; or

(b) do or perform any dental work or operation in respect of which he demands or receives any fee, gratuity or other remuneration, profit or compensation under pretext of service rendered, loss of time, travelling or other expenses, or under

Ch. 81, R. L., 1958. CAP. 248, R. E. 1980-1990. 18 of 1960. 40 of 1963. 8 of 1978. 3 of 1979. 21 of 1982. 22 of 1987.

Short title.

Interpretation.

CAP. 318. 21 of 1982.

Prohibition of practice of dentistry by unregistered persons.

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any pretext whatever.

(2) Any person who acts in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars.

(3) Nothing in this section shall operate to prevent-

(a) the practice of dentistry by a registered medical practitioner; or

(b) the extraction of a tooth by any person where the case is urgent and no registered medical practitioner or registered dentist is available and the operation is performed without the application of any general or local anaesthetic; or

(c) the performance in any public hospital of minor dental operations and extractions performed with the application of local anaesthesia by trained dental auxiliaries authorised to do so by the Director of Health Services.

4.-(1) A person registered under this Act-

(a) shall, by virtue of being so registered, be entitled to take and use the description of dentist or dental practitioner;

(b) shall not take or use, or affix to or use in connection with his premises, any title or description reasonably calculated to sug- gest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by particulars entered in the Register in respect of him.

3 of 1979.

Use of title and descriptions.

(2) Any person acting in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars.

5. No person is entitled to recover any fee or claim in any court for the performance of any dental operation or for any dental attendance or advice, unless he is registered under this Act, or is a registered medical practitioner.

6. Any person who-

(a) is registered or entitled by law to be registered as a dentist in the United Kingdom under any Act for the time being in force; or

(b) holds a certificate granted in a Commonwealth or foreign country, for the time being recognised by the Council as furnishing a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of dentistry; or

(c) was on 1st October, 1923 bona fide engaged in Belize in the practice of dentistry either separately or in conjunction with the practice of medicine, surgery or pharmacy,

is entitled to be registered under this Act.

7. The Director of Health Services may recommend to the Minister that a person qualified in a foreign country to practice dentistry be permitted to practise in Belize in the employ of Government. Subject to the approval of the Minister, and provided that the whole time services of such person are at the disposal of the Government, such person while so employed by the Govern- ment shall be deemed to be registered for the purposes of this Act.

Unregistered person for registration.

Qualifications necessary for registration.

Government dentists. 18 of 1980.

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8.-(1) The Registrar shall keep a “Dentists’ Register” in the form contained in the First Schedule in which he shall enter the names of all persons registered as dentists under this Act, and he shall give to each person at the time of registra- tion a certificate in the form of the Second Schedule for which the stamp duty prescribed by the Stamp Duties Act shall be paid.

(2) The Registrar, in the month of January in each year, shall publish in the Gazette a copy of the Register.

9.-(1) When a person desires to be registered under this Act, he shall make application to the Director of Health Services and shall submit a statutory dec- laration setting out that he is the person referred to in the diploma or diplomas in respect of which he seeks registration and that he is of good character.

(2) The Director of Health Services shall forthwith lay the application be- fore Council, and if the Council is satisfied that such person is entitled to be registered, it shall direct the Registrar to register such person.

(3) The Registrar shall thereupon register such person and publish notice thereof in the Gazette.

10.-(1) Where any applicant for registration is dissatisfied with the decision of the Council, he may appeal to a judge in chambers, by petition to be lodged with the Registrar.

(2) The Registrar shall, within ten days after the petition is lodged, bring it to the notice of a judge who, with the assistance, if he requires it, of two duly qualified dentists, shall hear and determine such appeal.

(3) Where the judge in chambers, with such assistance (if he requires it), thinks the applicant duly qualified and entitled to be registered under this Act, he shall direct the Registrar to place the name of the applicant on the Dentists’ Register.

Keeping of Register and publication. First Schedule. Second Schedule. 8 of 1978. CAP. 64.

Registration of persons in Register.

21 of 1982.

Appeal from Council. 21 of 1982.

11. A copy of the Register for the time being published in the Gazette in accordance with section 8 (2) is evidence in all cases, until the contrary is made to appear, that the persons therein specified are registered under this Act, and the absence of the name of any person from such copy is evidence, until the contrary is made to appear, that such person is not registered under this Act, but in the case of a person whose name does not appear in the copy, a certified copy under the hand of the Registrar of the entry of the name of such person in the Register shall be evidence that such person is registered under this Act.

12.-(1) Where any dentist registered under this Act after due inquiry is judged by a majority of the Council to have been guilty of any infamous or disgraceful conduct in any professional respect, the Council may, if it sees fit, direct the Registrar to erase the name of such dentist from the Register.

(2) Any registered dentist aggrieved by the judgment of the Council given in pursuance of subsection (1) may appeal by petition, to be lodged with the Registrar, to the Supreme Court which shall confirm or reverse such judgment and order the costs to be paid by the unsuccessful party.

13.-(1) The Registrar shall from time to time insert in the Register any alter- ation which may come to his knowledge in the name or address of any person registered.

(2) Where any dentist-

(a) is convicted of any felony or deprived of the qualifications under which he is registered by the body or bodies which granted them or his name is erased by the authorised dental authorities of the United Kingdom; or

(b) dies or is absent from Belize for a period exceeding three years or has ceased to practise,

Evidence of registration.

Disgraceful conduct. 21 of 1982.

Correction of Register, and removal of name therefrom.

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then in any such case the Registrar shall erase the name of such dentist from the Register.

(3) Where the name of any dentist has been erased in consequence of absence for the period prescribed in subsection (2) and such dentist returns to Belize, or after having ceased to practise resumes practice, the Council is hereby authorised and required to grant a new certificate on the application of such dentist and he is entitled to have such certificate registered free of charge.

(4) In the execution of his duties, the Registrar shall act on such evidence as in each case appears sufficient.

14. Any person who, for the purpose of procuring or attempting to procure the registration under this Act of himself or any other person as a dental practi- tioner, makes or produces or causes to be made or produced any fraudulent representation or declaration either verbally, in writing or otherwise, commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years, or to both such fine and term of imprisonment.

21 of 1982.

Penalty for obtaining registration by false representations.

FIRST SCHEDULE

[Section 8 (1)]

Dentists’ Register

Name Residence Qualification Date of Registration

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SECOND SCHEDULE

[Section 8 (1)]

Dentist’s Certificate of Registration

Belize.

CERTIFICATE OF REGISTRATION UNDER THE DENTISTS ACT

I HEREBY certify that in accordance with the provisions of the Dentists Act, I have this day entered the name of of in Belize, in the Dentists’ Register of Belize.

GIVEN under my hand at Belize City in Belize, this day of , 20 .

Registrar General

CAP. 316.

CAP. 316.