Dental Hygiene Act, 1991, S.O. 1991, c. 22, Dental Hygiene Act, 1991
Dental Hygiene Act, 1991
S.O. 1991, CHAPTER 22
Consolidation Period: From June 3, 2021 to the .
Last amendment: .
Legislative History: 1998, c. 18, Sched. G, s. 27; ; ; .
Definitions
1 In this Act,
鈥淐ollege鈥 means the College of Dental Hygienists of 澳门永利; (鈥淥rdre鈥)
鈥淗ealth Professions Procedural Code鈥 means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (鈥淐ode des professions de la sant茅鈥)
鈥渕ember鈥 means a member of the College; (鈥渕embre鈥)
鈥減rofession鈥 means the profession of dental hygiene; (鈥減rofession鈥)
鈥渢his Act鈥 includes the Health Professions Procedural Code. (鈥渓a pr茅sente loi鈥)听 1991, c.听22, s.听1.
Health Professions Procedural Code
2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.听 1991, c.听22, s.听2听(1).
Terms in Code
(2) In the Health Professions Procedural Code as it applies in respect of this Act,
鈥淐ollege鈥 means the College of Dental Hygienists of 澳门永利; (鈥渙rdre鈥)
鈥渉ealth profession Act鈥 means this Act; (鈥渓oi sur une profession de la sant茅鈥)
鈥減rofession鈥 means the profession of dental hygiene; (鈥減rofession鈥)
鈥渞egulations鈥 means the regulations under this Act. (鈥渞猫glements鈥)听 1991, c.听22, s.听2听(2).
Definitions in Code
(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.听 1991, c.听22, s.听2听(3).
Scope of practice
3 The practice of dental hygiene is the assessment of teeth and adjacent tissues and treatment by preventive and therapeutic means and the provision of restorative and orthodontic procedures and services.听 1991, c.听22, s.听3.
Authorized acts
4 In the course of engaging in the practice of dental hygiene, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1.听 Scaling teeth and root planing including curetting surrounding tissue.
2.听 Orthodontic and restorative procedures.
3.听 Prescribing, dispensing, compounding or selling a drug designated in the regulations. 听1991, c.听22, s.听4; 2009, c.听26, s.听4 (1).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Additional requirements for authorized acts
5 (1) A member shall perform a procedure under the authority of paragraph 1 of section 4 in accordance with any requirements prescribed in the regulations, and may perform such a procedure,
(a)听 on the member鈥檚 own initiative, if none of the contraindications prescribed in the regulations to performing the procedure are present, and if the member ceases the procedure if any of the prescribed contraindications to continuing the procedure are present; or
(b)听 if the procedure is ordered by a member of the Royal College of Dental Surgeons of 澳门永利.听 2007, c.听10, Sched.听B, s.听4听(1).
Same
(2) A member shall not perform a procedure under the authority of paragraph 2 of section 4 unless the procedure is ordered by a member of the Royal College of Dental Surgeons of 澳门永利.听 2007, c.听10, Sched.听B, s.听4听(1).
Additional requirements for authorized acts
(2.1) A member is not authorized to perform an act set out in paragraph 3 of section 4 unless the member performs the act in accordance with the regulations.听 2009, c.听26, s.听4 (2).
Grounds for misconduct
(3) In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (1), (2) or (2.1).听 2007, c.听10, Sched.听B, s.听4听(1); 2009, c.听26, s.听4 (3).
Section Amendments with date in force (d/m/y)
- 01/09/2007
- 15/12/2009
College established
6 The College is established under the name College of Dental Hygienists of 澳门永利 in English and Ordre des hygi茅nistes dentaires de l鈥櫚拿庞览 in French.听 1991, c.听22, s.听6.
Council
7 (1) The Council shall be composed of,
(a)听 at least nine and no more than 12 persons who are members elected in accordance with the by-laws;
(b)听 at least eight and no more than eleven persons appointed by the Lieutenant Governor in Council who are not,
(i)听 members,
(ii)听 members of a College as defined in the Regulated Health Professions Act, 1991, or
(iii)听 members of a Council as defined in the Regulated Health Professions Act, 1991; and
(c)听 two persons selected, in accordance with a by-law made under section 12.1, from among members who are faculty members of an educational institution in 澳门永利 that is authorized to grant diplomas or degrees in dental hygiene.听 1991, c.听22, s.听7听(1); 1998, c.听18, Sched.听G, s.听27 (1,听2).
Who can vote in elections
(2) Subject to the by-laws, every member who practises or resides in 澳门永利 and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.听 1991, c.听22, s.听7听(2); 1998, c.听18, Sched.听G, s.听27听(3).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 27 (1-3) - 01/02/1999
President and Vice-President
8 The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council鈥檚 members.听 1991, c.听22, s.听8.
Restricted titles
9 (1) No person other than a member shall use the title 鈥渄ental hygienist鈥, a variation or abbreviation or an equivalent in another language.听 1991, c.听22, s.听9听(1).
Representations of qualification, etc.
(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in 澳门永利 as a dental hygienist or in a specialty of dental hygiene.听 1991, c.听22, s.听9听(2).
Definition
(3) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 1991, c.听22, s.听9听(3).
10 Repealed: 2021, c. 25, Sched. 25, s. 9.
Section Amendments with date in force (d/m/y)
- 03/06/2021
Offence
11 Every person who contravenes subsection 9 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.听 2007, c.听10, Sched.听B, s.听4听(2).
Section Amendments with date in force (d/m/y)
- 04/06/2007
Regulations
12 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
(a)听 specifying drugs that a member may use in the course of engaging in the practice of dental hygiene;
(b)听 prescribing requirements for performing scaling teeth and root planing, including curetting surrounding tissue, which requirements may include the educational and experiential qualifications that must be obtained in order for a member to undertake those procedures on the member鈥檚 own initiative;
(c)听 prescribing contraindications to a member performing or continuing to perform on the member鈥檚 own initiative the procedures of scaling teeth and root planing, including curetting surrounding tissue;
(d)听 designating drugs that a member may prescribe, dispense, compound or sell in the course of engaging in the practice of dental hygiene;
(e)听 regulating and governing the prescribing, dispensing, compounding, using and selling of drugs by members in the course of engaging in the practice of dental hygiene and ancillary matters, including, without limiting the generality of the foregoing,
(i)听 governing the purposes for which, or the circumstances under which, drugs may be prescribed, dispensed, compounded, used or sold,
(ii)听 setting requirements respecting the prescribing, dispensing, compounding, using and selling of drugs,
(iii)听 governing and regulating the storage, handling, display, identification, labelling and disposal of drugs,
(iv)听 setting prohibitions,
(v)听 requiring members to keep records respecting the prescribing, dispensing, compounding, using and selling of drugs and providing for the contents of those records,
(vi)听 requiring members to provide the College or the Minister with reports respecting the prescribing, dispensing, compounding, using and selling of drugs and providing for the contents of those reports.听 2007, c.听10, Sched.听B, s.听4听(4); 2009, c.听26, s.听4 (4).
Individual drugs or categories
(2) A regulation made under clause (1) (a) or (d) may specify or designate individual drugs or categories of drugs.听 2009, c.听26, s.听4 (5).
Incorporation by reference
(3) A regulation made under clause (1) (a) or (d) may adopt, by reference, in whole or in part, and with such changes as are considered necessary, one or more documents setting out a list of individual drugs or a list of categories of drugs.听 2009, c.听26, s.听4 (5).
Rolling incorporation
(4) If a regulation provided for in subsection (3) so provides, a document adopted by reference shall be a reference to it as amended from time to time after the making of the regulation.听 2009, c.听26, s.听4 (5).
Must be made by expert committee
(5) A document adopted by reference under subsection (3) may only be a document created or approved by an expert committee established under section 43.2 of the Regulated Health Professions Act, 1991 and no other body.听 2009, c.听26, s.听4 (5).
Availability
(6) A document adopted by reference under subsection (3) must be named in the regulation and must be available for public inspection during normal business hours in the office of the College and must be posted on the College鈥檚 website or available through a hyperlink at the College鈥檚 website.听 2009, c.听26, s.听4 (5).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 27 (4) - 01/02/1999
- 04/06/2007; - 01/09/2007
- 15/12/2009
By-laws
12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.听 1998, c.听18, Sched.听G, s.听27听(4).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 27 (4) - 01/02/1999
Transitional
13 A person who, on the day before this Act comes into force, was registered as a dental hygienist under the regulation entitled 鈥淒ental Hygienists鈥 made under the Health Disciplines Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the registration was subject.听 1991, c.听22, s.听13.
14., 15 Repealed:听 2007, c.听10, Sched.听B, s.听4听(5).
Section Amendments with date in force (d/m/y)
- 04/06/2007
16 Omitted (provides for coming into force of provisions of this Act).听 1991, c.听22, s.听16.
17 Omitted (enacts short title of this Act).听 1991, c.听22, s.听17.
听