BILL NO. 72

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000

Government Bill

Dental Act
(amended)

The Honourable Jamie A. Muir
Minister of Health

First Reading: October 31, 2000

(Explanatory Notes)

Second Reading: November 9, 2000

Third Reading: November 27, 2000 (WITH COMMITTEE AMENDMENTS)

Clause 1 adds to the Dental Act a definition of "complaint".

Clause 2 requires the Provincial Dental Board of Nova Scotia to establish a Complaints Committee.

Clause 3 requires the Registrar of the Provincial Dental Board to refer all complaints to the Complaints Committee.

Clause 4

(a) authorizes the Provincial Dental Board to make regulations establishing a Complaints Committee and a Discipline Committee, enables the Board to prescribe the powers and procedures of the Complaints Committee and the Discipline Committee and prescribes the actions that may be taken by the Complaints Committee and the Discipline Committee;

(b) authorizes the Complaints Committee to immediately suspend the licence of a dentist, dental hygienist or dental assistant in urgent and compelling circumstances; and

(c) provides that the jurisdiction of the Complaints Committee or the Discipline Committee is not affected by the failure of a person to renew their annual licence or the fact that a person's name is no longer on a register.

Clause 5 deals with the authority of the Complaints Committee to determine whether a finding or order against a person should be recorded in the applicable register.

Clause 6 enables a dentist, dental hygienist or dental assistant to appeal a decision of the Discipline Committee to the Nova Scotia Court of Appeal.

Clause 7 provides that the members of the Complaints Committee have all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.

Clause 8 requires the members of the Complaints Committee to preserve the secrecy of information that comes to their attention while performing their functions and duties under the Act.

Clause 9 enables the Provincial Dental Board to make regulations providing for practice assessment and evaluation.

Clause 10 clarifies that the Regulations Act applies to regulations under the Act.

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 3 of the Acts of 1992, the Dental Act, is amended by adding immediately after clause (d) the following clause:

(da) "complaint" means a written complaint received by the Registrar respecting
(i) unprofessional conduct,

(ii) infamous conduct,

(iii) a breach of the standard of ethics, conduct, competence or proficiency as established by the regulations, or

(iv) a breach of the advertising standards established by the regulations;

2 Clause 17(1)(e) of Chapter 3 is amended by adding "a Complaints Committee and" immediately after "establish".

3 Clause 20(h) of Chapter 3 is amended by adding "and refer all complaints to the Complaints Committee" immediately after "assistants" in the second line.

4 Sections 33 to 35 of Chapter 3 are repealed and the following Sections substituted:

33 (1) The Board may, subject to subsection (3) of Section 45, make regulations

(a) constituting a Complaints Committee to consider complaints relating to dentists, dental hygienists and dental assistants;

(b) prescribing the powers and procedures of the Complaints Committee;

(c) prescribing the actions that the Complaints Committee may take with respect to complaints, which actions may include

(i) dismissing the complaint,

(ii) referring the complaint to the Discipline Committee,

(iii) counselling,

(iv) cautioning,

(v) reprimanding.

(2) The Board may, subject to subsection (3) of Section 45, make regulations

(a) constituting a Discipline Committee to hear complaints relating to dentists, dental hygienists and dental assistants;

(b) prescribing the powers and procedures of the Discipline Committee;

(c) prescribing the sanctions that may be imposed by the Discipline Committee on a dentist, dental hygienist or dental assistant against whom a finding is made with respect to any matter referred to it, which sanctions may include

(i) counselling,

(ii) cautioning,

(iii) reprimanding,

(iv) suspending or cancelling a certificate of registration or an annual licence, with or without conditions,

(v) requiring that a person pay all or part of the costs of the disciplinary proceeding.

(3) The Board may, subject to subsection (3) of Section 45, make regulations respecting the publication of decisions of the Complaints Committee and the Discipline Committee.

34 (1) In urgent and compelling circumstances, the Complaints Committee may, without a hearing, in the interests of the public, immediately suspend the licence of a dentist, dental hygienist or dental assistant or may immediately impose restrictions on a temporary basis on the registration or licence, or both, of a dentist, dental hygienist or dental assistant.

(2) When a licence is suspended pursuant to subsection (1), the Registrar shall, forthwith, give written notice of the decision made pursuant to subsection (1) to the dentist, dental hygienist or dental assistant.

(3) The Complaints Committee shall, upon receipt of a request from the dentist, dental hygienist or dental assistant, provide an opportunity for a meeting with the Committee within ten days of the written request and, after the meeting, the Committee may confirm, vary or terminate the suspension or restrictions imposed pursuant to subsection (1).

(4) Where a decision is made pursuant to subsection (1) and the suspension or any restrictions imposed by the Complaints Committee remain in place following the meeting referred to in subsection (3), the matter shall be referred to the Discipline Committee which shall hold a hearing within thirty days unless the dentist, dental hygienist or dental assistant requests a hearing date that is more than thirty days after the referral of the matter to the Discipline Committee.

35 The jurisdiction of the Complaints Committee and the Discipline Committee to deal with a charge or a complaint against a person is not affected by the failure to renew the annual licence or by the fact that a person's name is no longer on the applicable register.

5 (1) Subsection 36(1) of Chapter 3 is amended by adding "Complaints Committee or the" immediately after "The" in the first line.

(2) Subsection 36(2) of Chapter 3 is repealed and the following subsection substituted:

(2) A person against whom a finding or order is made by the Complaints Committee or the Discipline Committee may apply to the Complaints Committee or the Discipline Committee, as the case may be, to have the record of the finding or order removed from the applicable register.

6 Sections 38 and 39 of Chapter 3 are repealed and the following Section substituted:

38 (1) A dentist, dental hygienist or dental assistant against whom the Discipline Committee has rendered a decision and imposed sanctions may appeal on any point of law from the findings of the Discipline Committee to the Nova Scotia Court of Appeal.

(2) The notice of appeal shall be filed with the Nova Scotia Court of Appeal not later than thirty days after service of the decision of the Discipline Committee and shall be served upon the Registrar and the complainant.

(3) The record on appeal from the findings of the Discipline Committee shall consist of a copy of the transcript of the proceedings, the decision of the Committee and the evidence before the Committee certified by the Chair of the Committee.

(4) The Civil Procedure Rules governing appeals from the Supreme Court of Nova Scotia to the Nova Scotia Court of Appeal that are not inconsistent with this Act apply mutatis mutandis to appeals to the Nova Scotia Court of Appeal pursuant to this Section.

(5) Where a matter is appeal to the Nova Scotia Court of Appeal pursuant to this Section, the Nova Scotia Court of Appeal has jurisdiction to, pending a decision by the Court, grant a stay of any order made pursuant to this Act where, in its discretion, it deems it fit to grant such a stay.

7 Subsection 43(1) of Chapter 3 is amended by striking out "Board" in the first line and substituting "Complaints Committee".

8 Subsection 44(1) of Chapter 3 is amended by striking out "Board" in the third line and substituting "Complaints Committee".

9 Subsection 45(1) of Chapter 3 is amended by adding immediately after clause (q) the following clause:

(qa) providing for practice assessment and evaluation;

10 Chapter 3 is further amended by adding immediately after Section 45 the following Section:

45A The exercise by the Board of the authority contained in Section 33 or 45 is regulations within the meaning of the Regulations Act.