Qualifications for Registration and Licensing of Dentists Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/denqualrl.htm

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Qualifications for Registration and Licensing of Dentists Regulations
made under Section 45 of the

Dental Act

S.N.S. 1992, c. 3

O.I.C. 93-858 (November 2, 1993), N.S. Reg. 163/93

as amended to O.I.C. 2015-216 (June 26, 2015), N.S. Reg. 271/2015

 

1     These regulations may be cited as the Qualifications for Registration and Licensing ofDentists Regulations.

Section 1 added: O.I.C. 2002-6, N.S. Reg. 3/2002.

 

1A  In this regulation,

 

“Act” means the Dental Act, S.N.S. 1992, c. 3, and any amendments;

 

“Board” means the Provincial Dental Board of Nova Scotia;

 

“Dentists’ Register” means the Register of Dentists established and maintained bythe Registrar pursuant to the Act;

 

“Registrar” means the Registrar of the Board;

 

“Registration Appeal Committee” means the Registration Appeal Committeeappointed under Section 9.

Definition of “Registration Appeal Committee” added: O.I.C. 2015-216, N.S. Reg. 271/2015.

Section 1 renumbered 1A: O.I.C. 2002-6, N.S. Reg. 3/2002.

Section 1A, clause lettering removed: O.I.C. 2015-216, N.S. Reg. 271/2015.

 

2     The Dentists’ Register may be in such form as the Registrar determines and may be abook, binders, electronic data base, or other form.

 

3     The Dentists’ Register shall contain the following information for each dentist:

 

                (a)    name;

                (b)    age;

                (c)    address;

                (d)    date of registration;

                (e)    unique registration number;

                (f)    academic qualifications;

                (g)    additional qualifications;

                (h)    National Dental Examining Board number, if applicable;

                (i)     record of discipline proceedings, if applicable.

 

4     (1)    The Registrar shall enter the name of a person in the Dentists’ Register who:

 

                (a)    holds a certificate of the National Dental Examining Board of Canada or aLimited Specialty Certificate issued under Section 7A of the SpecialistsRegulations made under the Act;

Clause 4(1)(a) replaced: O.I.C. 2009-266, N.S. Reg. 228/2009.

 

                (b)    pays the registration fee as prescribed by the Board;

 

                (c)    is of good moral character and a fit and proper person to be registered as adentist;

 

                (d)    is not the subject of any pending complaint or sanctions in another licensingjurisdiction;

 

                (e)    if the subject of a previous written complaint in another licensing jurisdiction,provides full details to the Registrar;

 

                (f)    completes an application in a form satisfactory to the Board; and

 

                (g)    meets any other reasonable conditions of the Board of the Registrar.

Section 4 renumbered 4(1): O.I.C. 2002-6, N.S. Reg. 3/2002.

 

       (2)    In this Section, “Agreement on Internal Trade” means the agreement signed by thefederal, provincial, and territorial governments of Canada, which came into force onJuly 1, 1995, to facilitate the free movement of persons, goods, services, andinvestments through Canada.

Subsection 4(2) added: O.I.C. 2002-6, N.S. Reg. 3/2002.

 

       (3)    For the purposes of clause (1)(a) and for the purposes of labour mobility under theAgreement on Internal Trade, an applicant with a non-restricted licence from anotherCanadian licensing jurisdiction obtained prior to July 1, 2001, who does not hold aNational Dental Examining Board of Canada certificate will be recognized asholding a qualification equivalent to a National Dental Examining Board of Canadacertificate.

Subsection 4(3) added: O.I.C. 2002-6, N.S. Reg. 3/2002.

Faculty of Dentistry practitioner

5     The Registrar may enter a person in the Dentists’ Register on or before July 1, 2008, whois a full-time member of the Faculty of Dentistry at Dalhousie University and who doesnot hold a certificate from the National Dental Examination Board if they hold a degree indentistry from a university approved by the Board and meet all the criteria in clauses 4(b)to (f).

Section 5 replaced: O.I.C. 2009-266, N.S. Reg. 228/2009.

Graduate/Postgraduate Student Practitioner

6     (1)    An applicant for registration who is a full-time graduate/postgraduate student in theFaculty Dentistry of Dalhousie University may be registered in the Dentists’ Registerwithout holding a certificate of the National Dental Examining Board if the personholds a degree in dentistry from a university approved by the Board and meets theother requirements of Section 4.

 

       (2)    Where a person is accepted for registration pursuant to subsection (1), the Board mayimpose such conditions and limitations as it deems appropriate.

 

       (3)    The Board may set registration and licensing fees applicable only to personsregistered under subsection (1).

 

       (4)    Where a person registered pursuant to subsection (1) ceases to be a full-timegraduate/postgraduate student in the Faculty of Dentistry at Dalhousie University,that person shall no longer be entitled to engage in the practice of dentistry unlesssuch person is registered under Section 4.

Annual Licensing

7     For the purposes of subsection 25(2) of the Act, the minimum time period that a personmust engage in dentistry to qualify for annual license renewal is 450 hours within theimmediately preceding three year period, calculated as of the time of annual licenserenewal.

 

8     (1)    For the purposes of this Section, “licensing year” means the period from December1st to the following November 30th.

 

       (2)    A licensed dentist applying for license renewal shall pay the annual licensing fee tothe Registrar on or before November 30th immediately preceding thecommencement of the licensing year.

 

       (3)    Notice of the annual licensing fee shall be sent to each licensed dentist by November1st immediately preceding the commencement of the licensing year.

 

       (4)    A licensed dentist who has been struck from the Dentists’ Register pursuant tosubsection 24(2) of the Act for late payment of Dental Association membership feesor the annual licensing fee payable to the Board shall be reinstated effective the firstday of the current licensing year upon payment of the amounts owing together with areinstatement fee set by the Board.

Section 8 replaced: O.I.C. 97-588, N.S. Reg. 119/97.

Composition of Registration Appeal Committee

9     (1)    In this Section, “public representative” means a person appointed to the RegistrationAppeal Committee in accordance with subsection (4).

 

       (2)    The Board must appoint a Registration Appeal Committee to hear and determineappeals under Section 31 of the Act.

 

       (3)    The Registration Appeal Committee consists of at least the following persons:

 

                (a)    2 public representatives;

 

                (b)    2 licensed dentists;

 

                (c)    2 licensed dental assistants.

 

       (4)    To be appointed as a public representative, a person must meet all of the followingcriteria:

 

                (a)    they must not be and must not ever have been a licensed dentist or a licenseddental assistant;

 

                (b)    they must be able and willing to serve impartially, in the public interest.

 

       (5)    The Board must appoint a chair and may appoint a vice-chair of the RegistrationAppeal Committee, both of whom must be licensed dentists.

 

       (6)    The Vice-chair of the Registration Appeal Committee must act as chair in theabsence of the Chair.

 

       (7)    If neither the Chair nor the Vice-chair is available, the Registrar must name amember of the Registration Appeal Committee to act as the chair.

 

       (8)    The Chair of the Registration Appeal Committee may appoint a panel of 3 personsfrom the Committee as follows to act as the Registration Appeal Committee inhearing an appeal:

 

                (a)    for an appeal that concerns a licensed dentist, 1 public representative and 2licensed dentists;

 

                (b)    for an appeal that concerns a licensed dental assistant, 1 public representative,1 licensed dentist, and 1 licensed dental assistant.

 

       (9)    If the Chair of the Registration Appeal Committee is not appointed to a panel, theChair must appoint a licensed dentist to act as the chair for the panel.

 

       (10)  A quorum of a panel of the Registration Appeal Committee is all of the panelmembers.

Section 9 added: O.I.C. 2015-216, N.S. Reg. 271/2015.

Appeals to be heard by Registration Appeal Committee

10   Unless an agreement is reached under the Regulated Health Professions Network Act touse the collaborative registration review process under that Act, an appeal from a decisionof the Registrar related to the imposition of terms and conditions on a licensed dentist's orlicensed dental assistant's licence must be conducted by the Registration AppealCommittee.

Section 10 added: O.I.C. 2015-216, N.S. Reg. 271/2015.

Deadline for filing appeal to Registration Appeal Committee

11   Notice of an appeal to the Registration Appeal Committee must be filed in writing with theRegistrar no later than 30 days after the date of service of the Registrar's decision that isbeing appealed.

Section 11 added: O.I.C. 2015-216, N.S. Reg. 271/2015.

Registration appeal procedure

12   (1)    On receipt of notice of an appeal under Section 11, the Registration AppealCommittee must

 

                (a)    set a date for the hearing of the appeal; and

 

                (b)    serve written notice of the date, time, and place of the hearing of the appeal onthe appellant and the Registrar.

 

       (2)    The date set for the hearing of an appeal must be no later than 90 days after the datethe written notice of the appeal is received.

 

       (3)    The parties to an appeal before the Registration Appeal Committee are the Boardand the appellant.

 

       (4)    An appeal to the Registration Appeal Committee is limited to the matters set out inthe notice of appeal filed with the Registrar.

 

       (5)    An appellant may be heard in person, by counsel or both in person and by counsel.

 

       (6)    The procedure of the Registration Appeal Committee must be consistent with therequirements of the Fair Registration Practices Act.

Section 12 added: O.I.C. 2015-216, N.S. Reg. 271/2015.