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PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD
2006
Act 51
DENTAL ACT 1971
Incorporating all amendments up to 1 Janauary 2006 051e (A1105; PU(A)54-2004).fm Page 1 Friday, March 31, 2006 10:57 AM PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
2
DENTAL ACT 1971
Date of Royal Assent ... ... ... ... ... 27 September 1971 Date of publication in the Gazette... ... ... 30 September 1971 PREVIOUS REPRINTS
First Reprint ... ... ... ... ... 1993
Second Reprint ... ... ... ... 1999
051e (A1105; PU(A)54-2004).fm Page 2 Friday, March 31, 2006 10:57 AM 3
LAWS OF MALAYSIA
Act 51
ARRANGEMENT OF SECTIONS
DENTAL ACT 1971
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation PART II
THE MALAYSIAN DENTAL COUNCIL
3. Establishment and composition of the Council
4. Duties and powers of the Council
5. Public Authorities Protection
6. Public servants
7. Application of First Schedule
8. Power of the Minister to issue directions
9. Returns PART III
REGISTRATION OF DENTAL PRACTITIONERS:
PRACTICE OF DENTISTRY
10. Registrar
11. Malaysian Dental Register
12. Persons entitled to be registered as dental surgeons
13. Persons entitled to be registered as dentists
14. Temporary practising certificate 051e (A1105; PU(A)54-2004).fm Page 3 Friday, March 31, 2006 10:57 AM 4 Laws of Malaysia ACT 51
Section
15. Evidence of qualification to be given before entry on the Register
16. Application for registration
17. Restriction on registration
18. Certificate of registration
19. Annual practising certificate
20. Publication of list of registered dental practitioners issued with annual practising certificates
21. Notification of change in permanent address of residence or practice
22. Power of Council to make certain endorsement against names in the Register
23. Cessation of registration
24. Alterations in the Register
25. Privileges of registered persons and disabilities of unregistered persons
26. Dental certificate
27. Definition
28. Dental bodies corporate
29. Exhibition of certificate of registration and annual practising certificate
30. Practitioner operating multiple practices to furnish particulars of the practitioners at each place of practice
31. Inspection of premises used for the practice of dentistry PART IV
DISCIPLINARY PROCEEDINGS
32. Disciplinary jurisdiction of the Council
33. Disciplinary punishments
34. Appeal against order or decision of the Council PART V
GENERAL
35. Fraudulent registration
36. Offences
37. Prohibition of practice of dentistry by unregistered persons 051e (A1105; PU(A)54-2004).fm Page 4 Friday, March 31, 2006 10:57 AM Dental 5
Section
38. Covering
39. Penalty for registered dentists falsely describing vocation
40. Prosecutions
41. Exemptions
42. General penalty PART VI
REGULATIONS, SAVING AND REPEAL
43. Regulations
44. Saving
45. Repeal PART VII
SUPPLEMENTARY PROVISIONS FOR
NATIONAL PURPOSES
46. Purpose, commencement and duration of this Part
47. Notice to registered person to serve as a dental officer in the public services
48. Period of service in pursuance of a notice under subsection 47(1)
49. Power of Minister to grant reduction, exemption or postponement from period of service under section 48
50. Minister may make rules FIRST SCHEDULE
SECOND SCHEDULE
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LAWS OF MALAYSIA
Act 51
DENTAL ACT 1971
An Act to consolidate and amend the law relating to the registration and practice of dental practitioners and for national purposes to provide for certain provisions with regard to a period of service in the public services after registration as a dental practitioner; and to make provision for purposes connected with the aforesaid matters.
[1 February 1972, P.U.(A) 28/1972]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
Short title
1. This Act may be cited as the Dental Act 1971. Interpretation
2. (1) In this Act, unless the context otherwise requires-- "certificate of registration" means a certificate of registration issued under section 18;
"Council" means the Malaysian Dental Council established under section 3;
"dental practitioner" means a person registered in the Register; "dental surgeon" means a dental practitioner registered in Division I of the Register;
051e (A1105; PU(A)54-2004).fm Page 7 Friday, March 31, 2006 10:57 AM 8 Laws of Malaysia ACT 51
"dentist" means a dental practitioner registered in Division II of the Register;
"Director General" means the Director General of Health, Malaysia;
"Director" means the Director of Dental Services, Malaysia; "member" means a member of the Malaysian Dental Council established under section 3;
"practising certificate" means the annual practising certificate referred to in section 19;
"practitioner" means a dental practitioner;
"prescribed" means prescribed by regulations made under this Act;
"President" means the President of the Malaysian Dental Council appointed by subparagraph 1(1) of the First Schedule; "public services" has the meaning assigned to it in Article 132 of the Constitution and, in addition, it also means the service of any local authority or the service of any statutory authority exercising powers vested in it by federal or State law, and the expression "public service" shall be construed accordingly; "qualification" means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate, or other status or document granted by any university, corporation, college, or other body, or by any department of, or persons acting under the authority of, the government of any country or place in or outside Malaysia;
"Register" means the Malaysian Dental Register required to be maintained under section 11;
"registered" means registered under section 12 or 13, as the case may be;
"registered address" means the address appearing upon the certificate of registration issued under section 18; "Registrar" means the Registrar of Dental Practitioners referred to in section 10;
"Secretary" means the Secretary of the Council appointed under paragraph 4 of the First Schedule.
051e (A1105; PU(A)54-2004).fm Page 8 Friday, March 31, 2006 10:57 AM Dental 9
(2) A person shall be deemed to practise dentistry within the meaning of the Act who, for the sake of gain or otherwise-- (a) treats or attempts to treat or professes to treat, cure, relieve or prevent any disease, deficiency or lesion or pain of the human teeth or jaws;
(b) performs or attempts to perform any operation on human teeth or jaws;
(c) inserts or attempts to insert any artificial teeth or appliances for the restoration, regulation or
improvement of the teeth or accessory structures; (d) performs any radiographic work in connection with human teeth or jaws or the oral cavity;
(e) gives any treatment, advice or attendance on or to any person in connection with the fitting or insertion for the purpose of fitting or fixing of artificial teeth or of a crown or bridge or an appliance for the restoration or regulation of the human teeth or jaws;
(f) gives any anaesthetic in connection with any such operation or treatment as abovementioned under this subsection; or
(g) holds himself out whether directly or indirectly as practising dentistry.
PART II
THE MALAYSIAN DENTAL COUNCIL
Establishment and composition of the Council
3. (1) A body corporate with perpetual succession and a common seal to be called the Malaysian Dental Council is established which shall consist of--
(a) the Director General;
(b) the Director;
(c) (Deleted by Act A982);
(d) (Deleted by Act A982);
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(e) six dental surgeons from among the staff of the dental faculties of the higher educational institutions in Malaysia to be appointed by the Minister;
(ea) six dental surgeons to be appointed by the Minister; (f) six dental surgeons resident in Peninsular Malaysia to be elected by the dental surgeons resident in
Peninsular Malaysia;
(g) one dental surgeon resident in Sabah to be elected by the dental surgeons resident in Sabah;
(h) one dental surgeon resident in Sarawak to be elected by the dental surgeons resident in Sarawak;
(i) one dentist resident in Peninsular Malaysia to be elected by the dentists resident in Peninsular
Malaysia; and
(j) one dentist resident in Sabah or Sarawak to be elected by the dentists resident in Sabah or Sarawak.
(2) No person shall be nominated and appointed to be a member under paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) unless such person is a citizen and holds a current practising certificate. (3) No person shall be eligible to elect a member unless such person holds a current practising certificate.
(4) No person may at the same time serve as a member in more than one capacity.
(5) A person may be nominated and appointed to be a member under paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) thereof notwithstanding that he has previously been a member under any of the paragraph of subsection (1).
(6) The members referred to in paragraph (1)(e) or (ea) shall be nominated and appointed thereunder for a period not exceeding three years.
(7) The members elected under paragraphs (1)(f) to (j) shall hold office for a period not exceeding three years. 051e (A1105; PU(A)54-2004).fm Page 10 Friday, March 31, 2006 10:57 AM Dental 11
(8) Any person who is a member by virtue of paragraphs (1)(e) to (j) may at any time resign his office by letter addressed to the President.
(9) Where any person who is a member by virtue of paragraphs (1)(e) to (j) dies before completion of his term of office, or resigns, or otherwise ceases to be a member by reason of any provision of this Act, a person shall be nominated and appointed or elected, as the case may be, in his place in accordance with the provisions applying in the case of the person dying or resigning or ceasing to be a member for the residue of the term for which such person might have held office if he had not died or resigned or ceased to be a member:
Provided that on the death or resignation of a member elected under paragraphs (1)(f) to (j) within twelve months before the date on which his term of office would have come to an end by effluxion of time, the vacancy shall not be filled for the residue of that term.
(10) The election of the members referred to in paragraphs (1)(f) to (j) shall be conducted in such manner as may be prescribed.
(11) If any of the bodies referred to in paragraphs (1)(e) to (j) does not, by such date as may be prescribed, nominate or elect, as the case may be, a person to be a member of the Council, the Minister shall appoint in his place as a member a person qualified to be so nominated or elected, as the case may be, and any person so appointed shall be deemed to be a member as if he had been duly nominated or elected, as the case may be, by such body. (12) (Deleted by Act A982).
(13) A practitioner shall not be qualified to be nominated and appointed or elected to be a member, as the case may be, under paragraphs (1)(e) to (j)--
(a) if he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(b) if he is an undischarged bankrupt; or
051e (A1105; PU(A)54-2004).fm Page 11 Friday, March 31, 2006 10:57 AM 12 Laws of Malaysia ACT 51
(c) if his name has at any time been struck off from the Register.
(13A) A practitioner whose name has been suspended from the Register or who has been reprimanded under section 33 shall not be eligible to be nominated and appointed or elected or appointed, as the case may be, under paragraphs (1)(e) to (j)-- (a) in the case of a suspension, for a period of six years after the expiration of such suspension; or
(b) in the case of a reprimand, for a period of six years from the date of such reprimand.
(14) If a member who has been nominated and appointed or elected, as the case may be, under the provisions of any of the paragraphs (1)(e) to (j) ceases, by reason of any provision of this Act, to be qualified to be so nominated and appointed or elected, he shall be deemed to have vacated his seat.
(15) Where the Council in the execise of its disciplinary jurisdiction under the Act--
(a) appoints a committee to conduct a preliminary investigation; or
(b) holds a disciplinary inquiry,
in respect of any practitioner who is a member of the Council, such practitioner shall be suspended.
(16) The supension of a member of the Council under subsection (15) shall, where a preliminary investigation is conducted, take effect from the date of commencement of the investigation or, where disciplinary inquiry is held, take effect from the date of institution of the inquiry.
(17) Where a preliminary investigation is conducted and at the conclusion of the preliminary investigation the Council determines that a disciplinary inquiry should be held, the period of suspension of a member shall continue until the conclusion of the disciplinary inquiry.
(18) Any member of the Council who has been suspended under subsection (15) or (16) shall forthwith be reinstated as such member if at the conclusion of the preliminary investigation or the disciplinary inquiry, as the case may be, the Council finds that no case has been made out in respect of the member. 051e (A1105; PU(A)54-2004).fm Page 12 Friday, March 31, 2006 10:57 AM Dental 13
(19) Any member of the Council who is to be reinstated pursuant to subsection (18) shall, if the reinstatement is to take effect before the expiration of his term of office, be reinstated to hold office for the unexpired portion of his term of office. Duties and powers of the Council
4. The Council shall perform such duties and functions and exercise such powers as may be provided under this Act or any regulations made thereunder.
Public Authorities Protection
5. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Council or against any member, officer, servant or agent of the Council in respect of any act, neglect or default done or committed by him in such capacity.
Public servants
6. All members of the Council, while discharging their duties as such members, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Application of First Schedule
7. (1) The First Schedule shall apply to the Council and the proceedings thereof.
(2) The Minister may from time to time, after consulting the Council, amend the First Schedule by order published in the Gazette.
Power of the Minister to issue directions
8. The Minister may, from time to time, issue general directions not inconsistent with the provisions of this Act or any regulations made thereunder and the Council shall give effect to such directions.
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Returns
9. The Council shall furnish the Minister with all such returns and information with respect to its activities as he may from time to time require.
PART III
REGISTRATION OF DENTAL PRACTITIONERS:
PRACTICE OF DENTISTRY
Registrar
10. (1) For the purposes of this Act there shall be a Registrar of Dental Practitioners.
(2) The Director shall be the Registrar.
Malaysian Dental Register
11. (1) The Registrar shall cause to be kept in the prescribed form a register of dental practitioners to be known as the Malaysian Dental Register which shall contain such particulars as may be prescribed.
(2) The Registrar shall be responsible for the maintenance and custody of the Register in accordance with the provisions of this Act and the regulations thereunder.
(3) The Register shall be kept in two Divisions as follows: (a) Division I which shall be in respect of persons registered as dental surgeons; and
(b) Division II which shall be in respect of persons registered as dentists.
(4) The Register shall be deemed to be a public document within the meaning of the Evidence Act 1950 [Act 56]. Persons entitled to be registered as dental surgeons
12. (1) Subject to the provisions of this Act and the regulations thereunder, a person shall be entitled to be registered as a dental 051e (A1105; PU(A)54-2004).fm Page 14 Friday, March 31, 2006 10:57 AM Dental 15
surgeon upon application to the Registrar in the prescribed form if he holds any of the qualifications specified in the third column of the Second Schedule granted by an institution specified in relation to that qualification in the second column of that Schedule. (2) The Minister may from time to time, after consulting the Council, add to, delete from or amend the Second Schedule by order published in the Gazette.
(3) Notwithstanding subsection (1) and subject to the other provisions of this Act and the regulations thereunder, any person who holds a qualification in dentistry (other than the qualifications specified in the Second Schedule to this Act) deemed suitable for registration by the Minister after consulting the Council (hereinafter referred to as an "approved qualification"), shall be entitled to be registered as a dental surgeon under this Act if he has obtained experience in the practice of dentistry by engaging in employment in the practice of dentistry to the satisfaction of the Director General for a period of not less than two years in such capacity in such one or more of the public services as may, from time to time, be determined by the Director General in his discretion, and has been granted a certificate by the Director General as evidence thereof. (4) No person shall be eligible to engage in the employment mentioned in subsection (3) if--
(a) he has at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in
itself only or in addition to or in lieu of a fine) for a term of two years or upward; or
(b) he has, after due inquiry by the Council, been found by it to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character, and upon such inquiry, the person against whom such conduct is alleged shall be entitled to appear before the Council and be heard personally or by advocate and solicitor.
(5) The Director General may, if he is satisfied that a person holding an approved qualification has had experience in the practice of dentistry which is not less both in scope and in length of time than the experience mentioned in subsection (3), exempt 051e (A1105; PU(A)54-2004).fm Page 15 Friday, March 31, 2006 10:57 AM 16 Laws of Malaysia ACT 51
such person from the requirements as to experience mentioned in subsection (3).
(6) A person who holds an approved qualification shall be deemed to be registered under this Act so far as is necessary-- (a) to enable him to enter upon and engage in the employment mentioned in subsection (3); and
(b) during the period of the said employment, for the purpose of any such written law or such other
purposes, as the Minister may direct by order
published in the Gazette,
but not further.
(7) A person who is employed under subsection (3) shall, during the period of the said employment, be deemed to be a public servant within the meaning of the Penal Code. (8) The Registrar shall publish annually in the Gazette as soon as may be after the first day of January of each year, a list of all persons employed in the practice of dentistry under subsection (3), with their qualifications and the dates on which they commenced such employment; and the publication of such list shall be prima facie evidence of the particulars contained therein. (9) Notwithstanding anything to the contrary contained in this Act any person may be registered as a dental surgeon under this Act subject to such restrictions and conditions as may be stipulated by the Minister, provided that the person seeking registration under this section possesses a qualification in dentistry with respect to which the Minister, after consulting the Council, is satisfied that it is adequate.
Persons entitled to be registered as dentists
13. (1) Subject to the provisions of this Act and the regulations thereunder, a person shall be entitled to be registered as a dentist under this Act upon application to the Registrar in the prescribed form if--
(a) immediately before the coming into force of this Act he was registered--
(i) as a dentist in division two of the register
maintained under the Registration of Dentists
051e (A1105; PU(A)54-2004).fm Page 16 Friday, March 31, 2006 10:57 AM Dental 17
Ordinance 1948 of Peninsular Malaysia [F.M.
7 of 1948]; or
(ii) as a dentist by virtue of paragraphs 7(1)(c) and (d) of the Dentists Registration Ordinance of
Sarawak [Cap. 111] in the register maintained
under that Ordinance; or
(b) he was actually engaged, as his sole means of livelihood, in the practice of dentistry in the State of Sabah for a continuous period of three years
immediately prior to the coming into force of this Act, and satisfies the Council that he is practising dentistry under conditions not detrimental to public health, that he has an adequate knowledge of the practice of
dentistry, and that he is a fit and proper person to practise dentistry.
(2) Every person applying for registration under subsection (1) shall make his application for registration within six months of the coming into force of this Act, and shall furnish evidence of good character to the satisfaction of the Council. Temporary practising certificate
14. (1) Notwithstanding anything to the contrary contained in this Act, the Council may, upon application in writing, issue to a person who is registered as a dental surgeon outside Malaysia a temporary certificate to practise as a dental surgeon, subject to such conditions and restrictions as the Council may specify in such certificate, for a period not exceeding three months. (2) The holder of such temporary practising certificate shall, while the certificate remains in force and subject to the restrictions and conditions specified in the certificate, be deemed to be a registered dental surgeon.
(3) The Council may at any time cancel any temporary practising certificate granted under this section and the certificate shall thereupon lapse.
Evidence of qualification to be given before entry on the Register
15. (1) No degree or qualification shall be entered in the Register, either on the first registration or by way of addition to a 051e (A1105; PU(A)54-2004).fm Page 17 Friday, March 31, 2006 10:57 AM 18 Laws of Malaysia ACT 51
registered name, unless the Registrar be satisfied by such evidence as he may consider proper that the person claiming such degree or qualification is entitled thereto.
(2) Every person registered under this Act who obtains any dental qualification other than the qualification by virtue of which he was registered may apply to the Council to amend the Register so far as it relates to the qualifications of that person, and on any such application the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made and that such qualification is of sufficient standing to warrant its being entered in the Register, cause the Register to be amended accordingly by the insertion therein of the particulars of such qualification.
(3) The Council shall have power to decide what higher degrees and additional qualifications shall be admitted to be entered in the Register.
Application for registration
16. (1) Any person entitled to be registered under this Act may apply to the Registrar for registration accordingly. (2) Applications for such registration shall be made in such manner or form and shall be accompanied by such documents, photographs, particulars and fees as the Council may prescribe, and proof of identity satisfactory to the Registrar shall also be furnished.
Restriction on registration
17. (1) If any person applying for registration has-- (a) at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine) for a term of two years or upward;
(b) after due inquiry by the Council, been found by it to have been guilty of infamous conduct in any
professional respect or to be otherwise not of good fame and character; or
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(c) after due inquiry by a medical review panel, which shall consist of two medical practitioners and one dental surgeon appointed by the Council, been found to be unfit to perform his professional duties by reason of his mental or physical condition,
the Council may direct the Registrar not to enter the name of such person upon the Register.
(2) The Registrar shall forthwith give the person concerned notice in writing of such direction by the Council not to enter such persons's name upon the Register.
(3) Upon any inquiry under paragraph (1)(b), the applicant shall be entitled to appear before the Council and be heard personally or by advocate and solicitor.
Certificate of registration
18. (1) When a person has been registered, the Council shall issue to him a certificate of registration in such form as may be prescribed.
(2) In the case of a person registered under section 13 there shall be affixed to such certificate of registration a photograph of the registered person.
Annual practising certificate
19. (1) Any registered person who desires to practise as a dental practitioner after the thirty-first day of December of any year shall, not later than the first day of December of that year, make an application in the prescribed form and shall pay the prescribed fee for a certificate to practise as a dental practitioner during the ensuing year.
(2) Upon such application and payment, the Council, if satisfied that the premises at, and the conditions under which the applicant practises dentistry are suitable for such practice, shall cause the Registrar to issue a certificate (to be styled "annual practising certificate") authorizing the applicant to practise as a dental practitioner during the year for which the certificate is issued.
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(3) Subject to the provisions of this Act, the annual practising certificate shall be in force until the thirty-first day of December of the year in respect of which it is issued.
(4) Any registered person who fails to apply for an annual practising certificate in the manner and within the period laid down in subsection (1), may, on making an application in such form and on payment of such additional fee as may be prescribed, be granted an annual practising certificate for the ensuing year, if the application is made during the month of December of any year, or for the remainder of the year, if the application is made on or after the first day of January of any year. (5) Notwithstanding the foregoing provisions of this section, where a registered person applies for an annual practising certificate for the first time after obtaining registration under section 12 or section 13, the application shall be in the prescribed form and may be made at any time during the year, and the applicant shall, upon payment of the prescribed fee, be granted an annual practising certificate for the remainder of the year in which the application is made.
(6) An annual practising certificate and an application therefor shall specify the address of the principal place of practice and all other places of practice of the applicant, and any change in any such address shall be notified by the practitioner to the Registrar and an endorsement of such change on the annual practising certificate obtained from the Registrar within thirty days of such change.
(7) Whenever it appears to the satisfaction of the Council that a registered dental practitioner is practising dentistry in such premises or under such conditions as are deemed by the Council to be unsuitable for such practice, the Council may direct that the annual practising certificate of such practitioner be cancelled, and such certificate shall thereupon cease to be in force and no further annual practising certificate shall be issued to such practitioner thereafter either for the remainder of the year or for any other year except as provided in subsection (8).
(8) If any person whose annual practising certificate has been cancelled under subsection (7) makes application in such manner as may be prescribed and pays such fee as may be prescribed, the Council may, after due consideration of the circumstances of the case, direct that an annual practising certificate be issued to such person.
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(9) A registered dental practitioner who practises dentistry and who--
(a) has not an annual practising certificate in respect of himself in force;
(b) is in partnership with a registered person not having such a certificate;
(c) has in his employ a registered person not having such a certificate; or
(d) is employed to carry on the business of a dental practitioner on behalf of a person not having such a certificate,
shall be guilty of an offence against this Act and he shall not be entitled to recover any fee, reward, disbursement or cost incurred during the time when he or any other person as aforesaid has not had an annual practising certificate.
Publication of list of registered dental practitioners issued with annual practising certificates
20. (1) The Registrar shall as soon as may be after the first day of January of every year prepare and publish in the Gazette a list or lists of the names, addresses, qualifications, dates of the qualifications and dates of registration of all persons to whom annual practising certificates have been issued for that year. (2) The publication of such list shall be prima facie evidence of the particulars contained therein.
(3) The absence of the name of any person from such list shall be prima facie evidence that such person has not been issued with an annual practising certificate and is not authorized to practise as a registered person.
(4) A certificate under the hand of the Registrar of the particulars appearing in the Register in respect of any person shall be conclusive evidence of such particulars. 051e (A1105; PU(A)54-2004).fm Page 21 Friday, March 31, 2006 10:57 AM 22 Laws of Malaysia ACT 51
Notification of change in permanent address of residence or practice
21. Every registered person shall notify any change in the permanent address of his residence or practice to the Registrar within thirty days of such change.
Power of Council to make certain endorsement against names in the Register
22. Where the Council is satisfied that any person whose name appears in the Register is deceased or is no longer practising dentistry in Malaysia it shall make an endorsement accordingly against his name in the Register.
Cessation of registration
23. (1) Where-- (a) the Registrar is satisfied that any person who is registered under this Act is admitted to or confined in a mental hospital under the provisions of any law; or (b) any person who is registered under this Act has been certified by a medical review panel, which shall
consist of two medical practitioners and one dental surgeon appointed by the Council, to be unfit to
perform his professional duties by reason of his
mental or physical condition,
he shall thereupon cease to be so registered, and an endorsement shall accordingly be made against his name in the Register. (2) Any person who has ceased to be registered under this Act by virtue of subsection (1) shall not again be registered unless he satisfies the Council that his mental or physical condition, as the case may be, warrants such registration.
Alterations in the Register
24. (1) The Registrar shall, from time to time, insert in the Register--
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(a) any alteration which may come to his knowledge in the name or address of any person registered under this Act;
(b) such alterations in the qualifications, additional qualifications and other particulars as under this Act are required to be altered.
(2) The Registrar shall, from time to time, strike off from the Register the name of such person as under this Act is required to be struck off.
Privileges of registered persons and disabilities of unregistered persons
25. (1) Every person whose name is for the time being borne on the Register as registered under this Act shall be entitled, according to his qualifications, to practise dentistry in accordance with the provisions of this Act and to recover in due course of law reasonable charges for professional aid, advice, visit, dental operation or dental attendance and the value of any dental appliances rendered, made or supplied by him to his patients, provided that at the time of performing such act he had an annual practising certificate in force.
(2) Subject to section 14, no person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered dental practitioner and had an annual practising certificate in force:
Provided that this subsection shall not apply to any person who is a fully registered medical practitioner under any written law relating to the registration of medical practitioners. Dental certificate
26. No certificate or other document required by any written law to be signed by a duly qualified dental practitioner given after the commencement of this Act shall be valid unless signed by a registered dental surgeon.
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Definition
27. The words "legally qualified dental practitioner" or "duly qualified dental practitioner" or any words importing a person recognized by law as a qualified dental practitioner, when used in any written law with reference to such persons, shall be construed to mean a registered dental surgeon.
Dental bodies corporate
28. (1) A body corporate may carry on the business of dentistry if-- (a) it carries on no business other than dentistry or some business ancilliary to the business of dentistry; and (b) all the directors and the operating staff thereof are registered dental practitioners.
(2) Save as aforesaid it shall not be lawful for any body corporate to carry on the business of dentistry, and if any body corporate carries on the business of dentistry in contravention of this section every director and manager thereof shall, unless he proves that the offence was committed without his knowledge, be guilty of an offence under this Act.
(3) Every body corporate carrying on the business of dentistry shall, in every year at such time as is prescribed, transmit to the Registrar a statement in the prescribed form containing the addresses of premises and the names and addresses of all persons who are directors or managers of the body corporate, or who perform dental operations in connection with the business of the body corporate, and if any such body corporate fails so to do, it shall be deemed to be carrying on the business of dentistry in contravention of this section.
(4) Nothing in this section shall prevent the doing of any act or acts falling within the meaning of the practice of dentistry by the operating staff of any hospital of any description (including an institution for out-patients only or a dispensary or a clinic), or of any dental school, which is approved for the purpose of this section by the Council.
(5) This section shall not apply to the case of-- 051e (A1105; PU(A)54-2004).fm Page 24 Friday, March 31, 2006 10:57 AM Dental 25
(a) a body corporate providing dental treatment for its employees by a registered dental practitioner
otherwise than for profit;
(b) a local authority providing dental services through a registered dental practitioner;
(c) a trustee in bankruptcy carrying on through a registered dental practitioner the business of dentistry of a bankrupt registered dental practitioner;
(d) the trustees or personal representatives of the estate of a deceased registered dental practitioner carrying on the business of dentistry of the deceased through a registered dental practitioner; or
(e) such body corporate as the Minister may, after consulting the Council, by order published in the Gazette, exempt from this section.
Exhibition of certificate of registration and annual practising certificate
29. (1) Every registered dental practitioner shall cause to be exhibited in a conspicuous place in any premises in which he practises dentistry, otherwise than as an officer in the public services, the certificate of registration and the current annual practising certificate issued to him.
(2) Where a registered dental practitioner carries on the practice of dentistry as aforesaid at two or more addresses, he shall cause his original certificate of registration and his original current annual practising certificate to be displayed as aforesaid in the premises at his principal place of practice and a certified copy of each of the said certificates in the premises at every other place of practice, such certified copies having been obtained by him for the purpose from the Registrar upon application in writing to the Registrar in the prescribed manner and payment of the prescribed fee therefor.
(3) Where a registered dental practitioner contravenes or fails to comply with subsection (1) or (2) he shall be guilty of an offence against this Act.
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certificate or a certified copy of either of these bearing his name or photograph at any time when his name does not appear on the Register or he does not hold a valid annual practising certificate, as the case may be, shall be guilty of an offence against this Act. Practitioner operating multiple practices to furnish particulars of the practitioners at each place of practice
30. Where a registered dental practitioner operates the practice of dentistry at more places than one he shall furnish to the Registrar the name, address, qualifications and particulars of the certificate of registration and of the current annual practising certificate and such other information as may be prescribed in respect of the dental practitioners at each such place of practice, and if he fails to do so he shall be guilty of an offence against this Act. Inspection of premises used for the practice of dentistry
31. (1) It shall be lawful for-- (a) the Director General;
(b) the Director;
(c) the officer responsible for the administration of the Medical and Health Services in any State; or
(d) such other public health authority as the Minister may approve for the purpose of this section,
to appoint inspectors for the purpose of this Act and to give such inspectors authority, in writing--
(i) to enter and inspect any premises at any time which are used or proposed to be used or in respect of which there is reasonable cause to believe that they are being used for the practice of dentistry; and
(ii) to inquire into and to report to the person or authority by whom they were appointed on the conditions under which dentistry is being or is proposed to be practised. (2) An inspector so appointed shall show the written authority given under subsection (1) if so requested by any person, in the course of entering or inspecting any premises.
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(3) The reports made by an inspector under subsection (1) shall be in the prescribed form and it shall be the duty of the respective authority who appointed the inspector to submit such reports to the Council not later than thirty days after the date of the inspection.
(4) Except with the specific authority in writing by the President no inspection under this Act shall be carried out in the premises of any dental surgeon.
(5) The premises used for dentistry by a registered dentist shall be inspected at least once a year and no annual practising certificate shall be issued to a registered dentist unless a report in the prescribed form has been received by the Registrar, during the preceding twelve months, to the effect that the premises and conditions of practice of that registered dentist are satisfactory. (6) Any person who wilfully obstructs a duly authorized inspecting official in the entry and inspection of premises shall be guilty of an offence against this Act.
PART IV
DISCIPLINARY PROCEEDINGS
Disciplinary jurisdiction of the Council
32. (1) The Council shall have disciplinary jurisdiction over all persons registered under this Act.
(2) The Council may exercise disciplinary jurisdiction over any registered person who--
(a) has been convicted in Malaysia or elsewhere of any offence punishable with imprisonment (whether in
itself only or in addition to or in lieu of a fine); (b) has been guilty of infamous conduct in any
professional respect;
(c) has obtained registration by fraud or
misrepresentation;
(d) was not at the time of his registration entitled to be registered; or
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(e) has since been removed from the register of dental practitioners maintained in any place outside
Malaysia, or from the roll of any dental college or licensing body recognized by the Council.
Disciplinary punishments
33. (1) The Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments: (a) order the name of such registered person to be struck off from the Register;
(b) order the name of such registered person to be suspended from the Register for such period as it may think fit;
(c) order the registered person to be reprimanded; or (d) make any such order as aforesaid but suspend the application thereof, subject to such conditions as the Council may think fit, for a period, or periods in the aggregate, not exceeding two years,
and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered person, and any costs awarded may be recovered as a civil debt.
(2) Where the name of any registered person is ordered by the Council to be struck off or suspended from the Register, he shall within five days of the making of such order surrender to the Registrar his current annual practising certificate including any recent annual practising certificate which he may have obtained from the Registrar and his certificate of registration: Provided that where such person or his advocate and solicitor were not present before the Council at the time of the pronouncement of such order, the Registrar shall give notice to such person, in writing, of the order made by the Council and require in such notice that such person shall surrender to him his certificate of registration and his current annual practising certificate including any recent annual practising certificate which he may have obtained from the Registrar within seven days of the delivery of such notice at his registered address, or at his 051e (A1105; PU(A)54-2004).fm Page 28 Friday, March 31, 2006 10:57 AM Dental 29
last known address if that address differs from his registered address and it appears to the Registrar that such service will be more effective.
(3) Where such registered person fails to surrender his current annual practising certificate including any recent annual practising certificate which he may have obtained from the Registrar and his certificate of registration within the time provided in subsection (2) he shall be guilty of an offence against this Act.
(4) The Registrar shall publish in the Gazette the name of the person removed from the Register or suspended from practice under this section either--
(a) on the expiry of the period of one month laid down in section 34, if that person does not enter an appeal against the decision of the Council; or
(b) immediately after the decision of the High Court upholding the decision of the Council if that person enters an appeal against the decision of the Council, as the case may be.
(5) No person whose name has been removed from the Register under this section shall thereafter be entitled to apply to be registered as a dental practitioner under the provisions of this Act, but the Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to the Register; and where the name of a person has been suspended from the Register for a limited period only, such person shall be entitled at the expiration of such period, but not earlier, to apply for the certificate of registration and the annual practising certificate (if the period for which it is issued is still unexpired) to be returned to him. (6) An application under subsection (5) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed. Appeal against order or decision of the Council
34. (1) Any person who is aggrieved by any order made in respect of him by the Council in the exercise of its disciplinary jurisdiction or by any decision of the Council in proceedings relating to him under subsection 12(4) or subsection 17(1) or 051e (A1105; PU(A)54-2004).fm Page 29 Friday, March 31, 2006 10:57 AM 30 Laws of Malaysia ACT 51
subsection 33(1) or by the removal of his name from the Register under any of the provisions of this Act other than Part VII or by any refusal or failure of the Council to register or re-enter his name in the Register (except where such removal, refusal or failure is in consequence of such person's failure to obtain a practising certificate or the cancellation of such certificate) may appeal to the High Court, and the High Court may thereupon affirm, reverse or vary the order or decision appealed against or may give such direction in the matter as it thinks proper; the costs of the appeal shall be in the discretion of the High Court. (2) The decision of the High Court upon such appeal shall be final.
(3) The practice in relation to any such appeal shall be subject to the rules of court applicable in the High Court: Provided that the High Court shall not have power to hear any appeal against an order made under section 33 unless notice of such appeal is given within one month from the date of the making of the order or where the proviso to subsection 33(2) is applicable within one month of the service of the order as described in that proviso.
(4) Any person aggrieved by the refusal of the Council to issue to such person an annual practising certificate or by the cancellation of his annual practising certificate may appeal to the Minister whose decision shall be final, and no action or proceeding shall be maintainable in any court of law in respect of such refusal or cancellation.
PART V
GENERAL
Fraudulent registration
35. Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either orally or in writing, shall be guilty of an offence against this Act. 051e (A1105; PU(A)54-2004).fm Page 30 Friday, March 31, 2006 10:57 AM Dental 31
Offences
36. (1) Any person not registered or exempted from registration under this Act who--
(a) wilfully and falsely pretends to be registered under this Act or to be qualified to practise dentistry; (b) wilfully and falsely takes or uses the name or title of dentist, dental surgeon, qualified dentist, doctor of dental surgery, professor of dentistry, surgeon dentist; (c) wilfully and falsely takes or uses any name, title, addition or description implying that he is registered under this Act, or that he is recognized by law as a dentist or dental surgeon or that he is qualified to heal or treat dental disorders or derangements whether by dentistry or any other means of any kind or description whatsoever;
(d) wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument,
calculated to induce any person to believe that he is qualified to practise dentistry;
(e) practises dentistry;
(f) uses the term "dental clinic" or "dental dispensary" or "dental hospital" or the equivalent of any of these terms in any other language in the signboard over his place of practice in purported practice of dentistry as a person registered under this Act; or
(g) uses a symbol designed by the Council for the use of registered dental practitioners only,
shall be guilty of an offence against this Act.
(2) For the purposes of subsection (1)--
(a) the taking or using by any person of the term "dental surgeon" or "qualified dentist" or "doctor of dental surgery" or "professor of dentistry" or "surgeon
dentist" or "dentist" or "dental clinic" or "dental dispensary" or "dental hospital" or the equivalent of any of these terms in any other language in relation to the practice of dentistry shall be deemed unless the contrary be proved to be the taking or using of a name, 051e (A1105; PU(A)54-2004).fm Page 31 Friday, March 31, 2006 10:57 AM 32 Laws of Malaysia ACT 51
title, addition or description calculated to induce any person to believe that he is qualified to practise dentistry;
(b) the using by any person in the practice of dentistry of any instrument or dental material used exclusively by persons qualified to practise dentistry shall be deemed unless the contrary be proved to be the using of an instrument calculated to induce a person to believe that he is qualified to practise dentistry;
(c) where any person, other than a dental practitioner or a medical practitioner or a dealer in medical and dental appliances and instruments, has in his possession any one or more of the following instruments and
appliances commonly used in the practice of dentistry, that is to say, a dental chair, a dental spittoon, a dental engine, a dental syringe, a dental forceps, a dental mirror, or a dental probe, he shall be deemed, unless the contrary be proved, to wilfully and falsely pretend to be registered under this Act and to be qualified to practise dentistry.
Prohibition of practice of dentistry by unregistered persons
37. (1) Subject to subsection 38(4) no person other than a registered dental practitioner shall practise dentistry: Provided that nothing in this section shall operate to prevent the extraction of teeth for the relief of pain or the application of remedies for such purposes, by registered medical practitioners, and by other persons in the public service working directly under the orders and supervision of a registered dental surgeon. (2) Any person who acts in contravention of this section shall be guilty of an offence against this Act.
Covering
38. (1) Any registered dental practitioner who allows an unregistered person to practise dentistry on the premises used by or under the control of such registered dental practitioner in the performance of his professional duties shall be guilty of an offence against this Act.
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(2) Any registered dental practitioner who by his presence, countenance, advice, assistance, or cooperation has knowingly enabled an unregistered person, whether described as an assistant or otherwise, to practise dentistry, shall be guilty of an offence against this Act.
(3) Any registered dental practitioner who practises dentistry in premises in which an unregistered person practises dentistry to the knowledge of the registered dental practitioner shall be guilty of an offence against this Act.
(4) Nothing in this section shall operate to prevent the carrying out of procedures, falling within the meaning of practice of dentistry, by any person in the public service employed for that purpose where such procedures are carried out in the course of that person's employment and under the supervision of a dental surgeon in the public service.
Penalty for registered dentists falsely describing vocation
39. A dentist registered or deemed to be registered under section 13 shall not make use, in describing his vocation, of any term other than that of "registered dentist". Any such registered dentist who wilfully or falsely pretends to be or takes or uses the name or title of a dental surgeon, surgeon dentist, qualified dentist, doctor of dental surgery, professor of dentistry or any name, title or description implying in itself or in the circumstances in which it is used that such registered dentist possesses or holds any qualification to practise other than that he is registered as a registered dentist shall be guilty of an offence against this Act. Prosecutions
40. (1) A prosecution for an offence against this Act may be instituted by--
(a) the President or an officer appointed by him or by the Council in that behalf in writing;
(b) the officer responsible for the administration of the medical and health services in a State or an officer appointed by him in that behalf in writing; or
(c) the public health authority referred to in paragraph 31(1)(d) or an officer nominated by such authority in that behalf in writing.
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(2) In the case of an offence against section 37, any police officer may arrest without warrant any person who, not being a dental surgeon or a registered dentist, is practising or is believed to be practising dentistry in any street or public place. Exemptions
41. (1) Nothing in the Act shall operate to prevent the practice of medicine or surgery by a medical practitioner registered under any written law relating to the registration of medical practitioners.
(2) Nothing in this Act shall operate to prevent the training of dental nurses in the practice of dentistry under the supervision of a registered dental surgeon in any hospital, clinic, or dental school approved for the purpose by the Minister.
(3) Notwithstanding anything to the contrary contained in this Act, it shall be lawful for any person who is pursuing a course of study in dentistry or dental surgery in any University or University College established in accordance with the Universities and University Colleges Act 1971 [Act 30], to carry out, in pursuance of such course of study, any dental investigation, dental examination or dental treatment of patients in any hospital, clinic, health centre, or other institution which is approved by the Minister for the purposes of this section by notification in the Gazette, provided such investigation, examination or treatment is carried out by such person under the control and supervision of a registered dental surgeon who holds a current and valid annual practising certificate. (4) The hospital, clinic, health centre, or other institution approved by the Minister under subsection (3), or the owner thereof, shall not be liable for any injury, loss or damage of a civil nature occasioned to any patient or other person solely in consequence of any investigation, examination or treatment of a patient under subsection (3) by a person pursuing a course of study in dentistry or dental surgery in a University or University College established in accordance with the Universities and University Colleges Act 1971, provided that nothing in this subsection shall be construed as conferring on the person pursuing such course of study, or on the University or University College in which he is pursuing such course of study or on any officer or employee of such University or University College, any immunity from any liability for such injury, loss or damage. 051e (A1105; PU(A)54-2004).fm Page 34 Friday, March 31, 2006 10:57 AM Dental 35
General penalty
42. (1) Any person guilty of an offence against this Act for which no specific penalty is provided shall be liable on conviction--
(a) in respect of a first offence to a fine not exceeding ten thousand ringgit; and
(b) in respect of the second or subsequent offences to a fine not exceeding twenty thousand ringgit or
imprisonment for a term not exceeding three years or to both.
(2) In the case of a continuing offence such person shall be liable to a further penalty of fifty ringgit for each day during the continuance of such offence in addition to the respective penalty under paragraphs (1)(a) and (b).
PART VI
REGULATIONS, SAVING AND REPEAL
Regulations
43. (1) Subject to the provisions of this Act, the Council may, with the approval of the Minister, make regulations to prescribe anything which under this Act is required to be prescribed, and generally to carry out the objects and purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may prescribe-- (a) the duties of the Registrar;
(b) the form of the Register, the mode in which it shall be kept and the contents thereof;
(c) the fees to be paid in respect of applications and proceedings under this Act and in respect of
certificates and other documents issued under this Act and provide for such exemptions therefrom as the
Council may deem appropriate;
(d) the form and manner in which applications for registration and for annual practising certificates shall be made;
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(e) the form of any certificate or other document required for carrying out the purposes of this Act;
(f) the manner of proof of qualifications in dentistry; (g) the management of the property of the Council and the audit of its accounts;
(h) the duties to be performed by the Secretary;
(i) the issue of dental certificates of dental illness; (j) the procedure for the election of members of the Council; (k) the securing of legal advice by the Council, the provision of legal advisers therefor, the qualifications and functions of such legal advisers and the
remuneration to be paid to them;
(l) the receipt of complaints or information touching any disciplinary matter that may be inquired into by the Council and the establishment of a Committee to be known as the Preliminary Investigation Committee to make a preliminary investigation into complaints or information touching any disciplinary matter that may be inquired into by the Council and to determine
whether or not there shall be an inquiry by the
Council;
(m) the prohibition of a member of such Preliminary Investigation Committee who is also a member of the Council from attending any meeting of the Council whilst it is inquiring into a complaint or information, in the preliminary investigation of which he took part; and
(n) the procedure to be followed in relation to-- (i) the submission of complaints and information
to the Preliminary Investigation Committee;
(ii) the preliminary investigation of any complaint o r i n f o r m a t i o n b y t h e P r e l i m i n a r y Investigation Committee;
(iii) the formulation of charges arising out of
complaints and information;
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(iv) the reference to the Council by the Preliminary Investigation Committee of cases arising out
of complaints and information;
(v) disciplinary inquiries held by the Council.
Saving
44. (1) Every person who immediately before the coming into force of this Act was--
(a) registered under the Registration of Dentists Ordinance 1948 of Peninsular Malaysia;
(b) registered under the Dentists Registration Ordinance of Sarawak; or
(c) employed in Sabah by the Government of Malaysia or the Government of the State of Sabah as a Dental
Officer,
and held one or more of the qualifications specified in the Second Schedule shall on the coming into force of this Act be deemed to be a registered dental surgeon under the provisions of this Act and shall be deemed to have an annual practising certificate in respect of the remainder of the year in which this Act comes into force, except that in the case of a person to whom paragraph (a) or (b) applies he shall be deemed to have such certificate only if there was in force in respect of him immediately before the coming into force of this Act an annual practising certificate issued under the Registration of Dentists Ordinance 1948 of Peninsular Malaysia or the Dentists Registration Ordinance of Sarawak, as the case may be, or if he was exempted from obtaining an annual practising certificate by virtue of the provisions of the respective one of the said Ordinances applicable in his case:
Provided that in the case of a dental practitioner who immediately before the coming into force of this Act was exempted from registration by virtue of paragraph 24(a) of the Dentists Registration Ordinance of Sarawak, he shall be entitled upon application to the Registrar to be registered as a dental surgeon under this Act subject to such terms and conditions as the Council may direct.
(2) Every person who immediately before the coming into force of this Act was undergoing employment under subsection 5A(1) of the Registration of Dentists Ordinance 1948 of 051e (A1105; PU(A)54-2004).fm Page 37 Friday, March 31, 2006 10:57 AM 38 Laws of Malaysia ACT 51
Peninsular Malaysia shall be deemed to be undergoing such employment under subsection 12(3) of this Act; and any period of employment undergone by any person under the said subsection 5A(1) shall be deemed to have been undergone under the said subsection 12(3).
(3) Every person who immediately before the coming into force of this Act was registered under section 5B of the Registration of Dentists Ordinance 1948 of Peninsular Malaysia shall be deemed to be registered under subsection 12(9) of this Act subject to the restrictions and conditions stipulated under the said section 5B.
Repeal
45. The Registration of Dentists Ordinance 1948 of Peninsular Malaysia and the Dentists Registration Ordinance of Sarawak are hereby repealed.
PART VII
SUPPLEMENTARY PROVISIONS FOR
NATIONAL PURPOSES
Purpose, commencement and duration of this Part
46. (1) This Part is enacted for national purposes. (2) This Part shall cease to be in force if Parliament, by resolution passed by each of the Houses of Parliament and published in the Gazzette, provides that this Part shall no longer continue to remain in force.
Notice to registered person to serve as a dental officer in the public services
47. (1) Every person who obtains registration under section 12 shall be liable immediately upon being so registered or at any time thereafter to be served with a written notice issued by or on behalf of the Director General requiring such person to assume appointment as a dental officer in such post in such public service and on such date, as may, in each of these respects, be specified in the notice.
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(2) A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence under this Act.
(3) Immediately upon a charge under subsection (2) or under section 48 being proved in court against any person, the registration of such person under section 12 shall be deemed to be revoked, and the Registrar shall strike off from the Register the name of such person.
(4) Where the name of a person is struck off from the Register under subsection (3), it shall not be restored on the Register except upon a direction by the Minister, and the Minister may give such direction upon an application in writing being made to him by the person whose name has been struck off from the Register.
(5) Any direction given by the Minister under subsection (4) in respect of any person may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions may include terms and conditions requiring such person to serve as a dental officer to the satisfaction of the Director General for a continuous total period of not less than three years in such post in such one or more of the public services as may from time to time be determined by the Director General in his discretion.
(6) While the person whose name is restored under subsection (4) is fulfilling the terms and conditions imposed under subsection (5) he shall be deemed to be registered so far as is necessary to fulfil the terms and conditions imposed under subsection (5) and for such other purposes as the Minister may direct, but not further; and upon fulfilment of the terms and conditions imposed under subsection (5) he shall be entitled to a certificate issued by the Director General as evidence of such fulfilment.
(7) The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name on the Register shall be final and shall not be questioned or reviewed in any court.
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may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice under subsection (1). Period of service in pursuance of a notice under subsection 47(1)
48. A person who commences to serve in a post in a public service in pursuance of a notice issued under subsection 47(1), shall continue to serve in that post or in such other subsequent post in the same or such other public service as may from time to time be determined by the Director General in his discretion for a continuous total period of not less than three years to the satisfaction of the Director General and if he fails to do so he shall be guilty of an offence under this Act.
Power of Minister to grant reduction, exemption or postponement from period of service under section 48
49. (1) The Minister may, by order published in the Gazette-- (a) in respect of any particular person;
(b) generally in respect of any class of persons during such period as he may specify;
(c) generally in respect of all persons during such period as he may specify,
grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 48. (2) The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 48, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.
(3) The decision of the Minister upon an application made to him under subsection (2) shall be final and shall not be questioned or reviewed in any court.
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Minister may make rules
50. The Minister may make rules for carrying into effect the objects and purposes of this Part.
FIRST SCHEDULE
[Section 7]
SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
President of the Council
1. (1) The Director General shall be the President of the Council. (2) The President, if present, shall be the Chairman at meetings of the Council: Provided that if the President shall be absent from any meeting of the Council the members present at such meeting shall elect one of themselves to act as chairman at that meeting.
Meetings of the Council
2. (1) The Council shall meet at such time and such places as the President may appoint, provided that there shall be held at least two meetings in a year. (2) Where not less than five members submit to the President a written request to convene a meeting of the Council, the President shall convene such meeting within one month of the receipt of such request.
(3) The quorum for a meeting of the Council shall be seven and the decision of the Council shall be by a simple majority of the members present and voting. (4) When any vacancy occurs amongst the members, the Council shall, as soon as practicable, take the necessary action to fill such vacancy. (5) The Chairman at any meeting shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote. (6) Members of the Council who are not public officers shall be paid such fees for attending meetings of the Council or of any committee appointed by the Council and such reasonable travelling expenses and subsistence allowances for such attendance and for journeys undertaken in the discharge of their duties under this Act as may from time to time be approved by the Minister. (7) Subject to the provisions of this Act, the Council may make standing orders regulating its own procedure generally, and, in particular, regarding the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes. 051e (A1105; PU(A)54-2004).fm Page 41 Friday, March 31, 2006 10:57 AM 42 Laws of Malaysia ACT 51
Committees of the Council
3. (1) The Council may from time to time constitute out of its membership one or more committees, as it thinks fit, and may delegate to them such of the Council's functions as the Council thinks fit.
(2) The quorum of any such committee shall be three, unless otherwise determined by the Council.
Secretary of the Council
4. The President may appoint an officer of the Ministry of Health to be the Secretary of the Council.
Office of the Council
5. The office of the Council shall be at such place as the Director General may appoint.
SECOND SCHEDULE
[Subsection 12(1)]
Country in which
qualification is
granted
Institution granting qualification Description of qualification
Australia ... University of Adelaide Bachelor of Dental Surgery
University of Melbourne Bachelor of Dental
Science
University of Queensland Bachelor of Dental
Science
University of Sydney Bachelor of Dental
Surgery
University of Victoria Licentiate in Dental
Surgery
University of Western Australia Bachelor of Dental Science
Bangladesh ... Dhaka Dental College, University
of Dhaka, Ramna, Dhaka
Bachelor of Dental
Surgery
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Canada ... ... Faculty of Dentistry, University
of Alberta, Edmonton, Alberta
Doctorate in Dental
Surgery
Faculty of Dentistry, University
of Manitoba, Winnipeg, Manitoba
Doctorate in Dental
Surgery
Faculty of Dentistry, Dalhousie
University, Halifax, Nova Scotia
Doctorate in Dental
Surgery
Faculty of Dentistry, University
of Toronto, Toronto, Ontario
Doctorate in Dental
Surgery
Faculty of Dentistry, McGill
University
Doctorate in Dental
Surgery
Faculty of Dental Surgery,
Universite de Montreal, Montreal,
Quebec
Doctorate in Dental
Surgery
Hong Kong ... University of Hong Kong Bachelor of Dental Surgery (B.D.S.)
(Recognized on
13 December 2000)
Indonesia ... ... University Indonesia, Jakarta Ijazah Kedoktoran Gigi
University Airlangga, Surabaya Ijazah Kedoktoran
Gigi
University Sumatra Utara, Medan Ijazah Kedoktoran Gigi
University Gajah Mada, Jogjakarta Ijazah Kedoktoran Gigi
University Pejajaran, Bandung Ijazah Kedoktoran
Gigi
Universitas Prof. Dr. Moestopo
(Beragama)
Ijazah Doktor Gigi
(I.D.G.)
(Recognized on
25 September 2002)
Universitas Trisakti Ijazah Doktor Gigi
(I.D.G.)
(Recognized on
25 September 2002)
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 43 Friday, March 31, 2006 10:57 AM 44 Laws of Malaysia ACT 51
Iran ... ... ... University of Tehran Doctor of Dental Surgery
Iraq ... ... ... University of Baghdad Bachelor of Dental Surgery
Jordan ... ... Jordan University of Science &
Technology
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
30 November 1995)
University of Jordan Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
30 November 1995)
Malaysia ... ... University of Malaya Ijazah Sarjana Muda Pembedahan
Pergigian
Universiti Kebangsaan Malaysia
(UKM)
Doctor of Dental
Surgery (D.D.S.)
(Recognized on
2 June 2002)
University Sains Malaysia
(USM)
IjazahDoktorPergigian
(D.D.S.)
(Recognized on
17 February 2004)
Malta ... ... ... University of Malta Bachelor of Dental Surgery
New Zealand ... University of New Zealand Bachelor of Dental Surgery
University of Otago Bachelor of Dental
Surgery
Pakistan ... ... Teaching Dental Section,
Liaquat Medical College,
Hydrabad, West Pakistan
Bachelor of Dental
Surgery
de' Montmorency College of
Dentistry, Lahore, West
Pakistan
Bachelor of Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 44 Friday, March 31, 2006 10:57 AM Dental 45
Republic of Ireland The Royal College of Surgeons, Ireland
Licentiate in Dental
Surgery
University of Dublin Licentiate in Dental
Science
Bachelor in Dental
Science
National University of Ireland Bachelor of Dental Surgery
Republic of Korea Seoul National University Doctor of Dental Surgery
Republik Arab Mesir University of Tanta Bachelor of Dental Medicine and Surgery
University of Mansourah Bachelor of Dental
Medicine and Surgery
India ... ... A.B. Shetty Memorial Institute
of Dental Science, Mangalore
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Bapuji Dental College &
Hospital, Davangere
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
College of Dental Surgery,
Manipal Academy of Higher
Education, Manipal
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
College of Dental Surgery,
Manipal Academy of Higher
Education, Mangalore
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
KLE Society's Dental College,
Jawaharlal Nehru Medical
College, Belgaum
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 45 Friday, March 31, 2006 10:57 AM 46 Laws of Malaysia ACT 51
Meenakshi Ammal Dental
College, Dr. M.G.R. Tamil
Nadu University
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Ragas Dental College Dr.
M.G. R. Tamil Nadu University
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Saveetha Dental College, Dr.
M.G.R. Tamil Nadu University
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
SDM College of Dental
Sciences, Dharwad
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Sri Ramachandra Dental
College, Dr. M.G.R. Tamil
Nadu University
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Vinayaka Mission's
Sankaracharayar Dental
College, Dr. M.G.R. Tamil
Nadu University
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Vinayaka Mission's
Sankaracharayar Dental
College, Vinayaka Mission's
Research Foundation, Salem
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
19 March 2003)
Singapore ... King Edward VII College of
Medicine
Licentiate in Dental
Surgery
National University of Singapore Bachelor of Dental Surgery
(from 7 July 1980)
University of Malaya Bachelor of Dental
Surgery
University of Singapore Bachelor of Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 46 Friday, March 31, 2006 10:57 AM Dental 47
South Africa ... Medical University of South Africa (MEDUNSA)
Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
6 November 1997)
University of Pretoria Bachelor of Dentistry
(Bch.D.)
(Recognized on
6 November 1997)
University of Stellenbosch Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
6 November 1997)
University of Western Cape Bachelor of Dental
Surgery (B.D.S.)
(Recognized on
6 November 1997)
University of Witwatersrand Bachelor of Dental
Science (B.D.Sc.)
(Recognized on
6 November 1997)
Turkey ... ... University of Ankara Dis Tabeti Diplomasi (Diploma of Dental
Surgery)
University of Haceteteppe Dis Tabeti Diplomasi
(Diploma of Dental
Surgery)
University of Istanbul Dis Tabeti Diplomasi
(Diploma of Dental
Surgery)
United Arab Republic Cairo University Bachelor of Dental Surgery
Ain-Shams University Bachelor of Dental
Surgery
Alexandria University Bachelor of Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 47 Friday, March 31, 2006 10:57 AM 48 Laws of Malaysia ACT 51
Asuit University Bachelor of Dental
Surgery
Al-Azhar University Bachelor of Dental
Surgery
United Kingdom... The Royal College of Surgeons,
Edinburgh
Licentiate in Dental
Surgery
The Royal College of Surgeons,
England
Licentiate in Dental
Surgery
The Royal College of Physicians
and Surgeons of Glasgow
Licentiate in Dental
Surgery
The Royal Faculty of Physicians
and Surgeons of Glasgow
Licentiate in Dental
Surgery
Queen's University of Belfast Licentiate in Dental Surgery
Bachelor of Dental
Surgery
University of Birmingham Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of Bristol Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of Dundee Bachelor of Dental
Surgery
University of Durham Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of Edinburgh Bachelor of Dental
Surgery
University of Glasgow Bachelor of Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 48 Friday, March 31, 2006 10:57 AM Dental 49
University of Leeds Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of Liverpool Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of London Bachelor of Dental
Surgery
University of Manchester Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of Newcastle Upon
Tyne
Bachelor of Dental
Surgery
University of St. Andrews Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of Sheffield Licentiate in Dental
Surgery
Bachelor of Dental
Surgery
University of Wales Bachelor of Dental
Surgery
United States of
America ... ...
School of Dentistry, University
of Alabama, Birmingham 3
Doctorate in Dental
Surgery
School of Dentistry, University
of the Pacific College of
Physicians and Surgeons, San
Francisco 3
Doctorate in Dental
Surgery
School of Dentistry, University
of California, San Francisco
Medical Centre, San Francisco
94122
Doctorate in Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 49 Friday, March 31, 2006 10:57 AM 50 Laws of Malaysia ACT 51
School of Dentistry, University
of Southern California, Los
Angeles 7
Doctorate in Dental
Surgery
School of Dentistry, Loma
Linda University, California
Doctorate in Dental
Surgery
College of Dentistry, Howard
University, Washington 20001
Doctorate in Dental
Surgery
School of Dentistry, Loyola
University of Chicago, Chicago
12
Doctorate in Dental
Surgery
Northwestern University, Dental
School, Chicago 60611
Doctorate in Dental
Surgery
College of Dentistry, University
of Illinois, Chicago 12
Doctorate in Dental
Surgery
School of Dentistry, Indiana
University, Indianapolis 2
Doctorate in Dental
Surgery
College of Dentistry, State
University of Iowa, Iowa City
Doctorate in Dental
Surgery
School of Dentistry, University
of Louisville, Louisville 2
Doctorate in Dental
Surgery
School of Dentistry, Loyola
University of New Orleans,
New Orleans 18
Doctorate in Dental
Surgery
School of Dentistry, Louisiana
State University
Doctorate in Dental
Surgery
Baltimore College of Dental
Surgery School of Dentistry,
University of Maryland,
Baltimore 21201
Doctorate in Dental
Surgery
Harvard School of Dental
Medicine, Boston 02115
Doctorate in Dental
Surgery
Tufts University, School of
Dental Medicine, Boston 02111
Doctorate in Dental
Surgery
School of Dentistry, University
of Detroit, Detroit 48207
Doctorate in Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 50 Friday, March 31, 2006 10:57 AM Dental 51
School of Dentistry, University
of Michigan, Ann Arbor
Doctorate in Dental
Surgery
School of Dentistry, University
of Minnesota, Minneapolis
55455
Doctorate in Dental
Surgery
School of Dentistry, University
of Missouri at Kansas City,
Kansas City 6
Doctorate in Dental
Surgery
School of Dentistry, St. Louis
University, St. Louis 4
Doctorate in Dental
Surgery
School of Dentistry, Washington
University, St. Louis
Doctorate in Dental
Surgery
Boyne School of Dental
Science, The Creighton
University, Omaha
Doctorate in Dental
Surgery
College of Dentistry, University
of Nebraska, Lincoln
Doctorate in Dental
Surgery
School of Dentistry, Fairleigh
Dickinson University, Teaneck
Doctorate in Dental
Surgery
Seton Hall, College of Dentistry,
New Jersey College of Medicine
and Dentistry, Jersey City 4
Doctorate in Dental
Surgery
School of Dental and Oral
Surgery, Columbia University,
New York 32
Doctorate in Dental
Surgery
School of Dentistry, University
of North Carolina, Chapel Hill
Doctorate in Dental
Surgery
College of Dentistry, The Ohio
State University, Columbus 10
Doctorate in Dental
Surgery
School of Dentistry, Case
Western Reserve University,
Cleveland
Doctorate in Dental
Surgery
University of Oregon Dental
School, Portland
Doctorate in Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 51 Friday, March 31, 2006 10:57 AM 52 Laws of Malaysia ACT 51
School of Dentistry, Temple
University, Philadelphia 40
Doctorate in Dental
Surgery
School of Dentistry, University
of Pennsylvania, Philadelphia
Doctorate in Dental
Surgery
School of Dentistry, University
of Puerto Rico, San Juan
Doctorate in Dental
Surgery
School of Dentistry, Meharry
Medical College, Nashville
Doctorate in Dental
Surgery
College of Dentistry, University
of Tennessee, Memphis 3
Doctorate in Dental
Surgery
College of Dentistry, Baylor
University Dallas
Doctorate in Dental
Surgery
The University of Texas, Dental
Branch, Houston
Doctorate in Dental
Surgery
School of Dentistry, Medical
College of Virginia, Richmond
19
Doctorate in Dental
Surgery
School of Dentistry, University
of Washington, Seattle
Doctorate in Dental
Surgery
School of Dentistry, West
Virginia University, Morgantown
Doctorate in Dental
Surgery
School of Dentistry, Marquette
University,Milwaukee,Wisconsin
Doctorate in Dental
Surgery
Country in which
qualification is
granted
Institution granting qualification Description of qualification
051e (A1105; PU(A)54-2004).fm Page 52 Friday, March 31, 2006 10:57 AM 53
LAWS OF MALAYSIA
Act 51
DENTAL ACT 1971
LIST OF AMENDMENTS
Amending law Short title In force from
Act 160 Malaysian Currency (Ringgit) Act
1975
29-08-1975
Act A372 Dental (Amendment) Act 1977 18-03-1977
P.U.(A) 13/1979 Dental Act (Amendment of Second
Schedule) Order 1979
02-02-1979
P.U.(A) 264/1979 Dental Act (Amendment of Second
Schedule) (No. 2) Order 1979
19-10-1979
P.U.(A) 25/1983 Dental Act (Amendment of Second
Schedule) Order 1983
28-01-1983
P.U.(A) 80/1986 Dental (Amendment of Second
Schedule) Order 1986
28-03-1986
P.U.(A) 271/1989 Dental (Amendment of Second
Schedule) Order 1989
15-09-1989
P.U.(A) 447/1991 Dental (Amendment of Second
Schedule) Order 1991
06-12-1991
Act A982 Dental (Amendment) Act 1997 31-01-1997
Act A1105 Dental (Amendment) Act 2001 29-06-2001
P.U.(A) 54/2004 Dental (Amendment of Second
Schedule) Order 2004
06-02-2004
P.U.(A) 162/2004 Dental (Amendment of Second
Schedule) Order 2004
21-05-2004
051e (A1105; PU(A)54-2004).fm Page 53 Friday, March 31, 2006 10:57 AM 54 Laws of Malaysia ACT 51
P.U.(A) 85/2005 Dental (Amendment of Second
Schedule) Order 2005
04-03-2005
P.U.(A) 351/2005 Dental (Amendment of First Schedule) Order 2005
23-09-2005
Amending law Short title In force from
051e (A1105; PU(A)54-2004).fm Page 54 Friday, March 31, 2006 10:57 AM 55
LAWS OF MALAYSIA
Act 51
DENTAL ACT 1971
LIST OF SECTIONS AMENDED
Section Amending authority In force from
3 Act A982 31-01-1997
17 Act A982 31-01-1997
23 Act A982 31-01-1997
36 Act A982 31-01-1997
41 Act A372 18-03-1997
42 Act 160 29-08-1975
Act A982 31-01-1997
46 Act A1105 29-06-2001
47 Act A1105 29-06-2001
48 Act A1105 29-06-2001
49 Act A1105 29-06-2001
50 Act A1105 29-06-2001
First Schedule Act A982 31-01-1997
P.U.(A) 351/2005 23-09-2005
Second Schedule P.U.(A) 13/1979 02-02-1979
P.U.(A) 264/1979 19-10-1979
P.U.(A) 25/1983 28-01-1983
051e (A1105; PU(A)54-2004).fm Page 55 Friday, March 31, 2006 10:57 AM 56 Laws of Malaysia ACT 51
P.U.(A) 80/1986 28-03-1986
P.U.(A) 271/1989 15-09-1989
P.U.(A) 447/1991 16-12-1991
P.U.(A) 54/2004 06-02-2004
P.U.(A) 162/004 21-05-2004
P.U.(A) 85/2005 04-03-2005
Section Amending authority In force from
051e (A1105; PU(A)54-2004).fm Page 56 Friday, March 31, 2006 10:57 AM
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