Dental Therapists Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.D-3
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

INTERPRETATION

Definitions

1.

(1) In this Act,

"dental therapist" means a person who is registered in the Dental Therapists Register; (thérapeute dentaire)

"Dental Therapists Register" means the register referred to in section 7; (registre des thérapeutes dentaires)

"dental therapy" means the performance of dental services under the direction and control of a dentist and includes

(a) the performance of uncomplicated dental restorations,

(b) the uncomplicated removal of teeth,

(c) the performance of dental prophylaxes,

(d) the application on teeth of topical fluorides or other anticariogenic agents, and

(e) the taking and developing of x-rays of teeth; (thérapie dentaire)

"dentist" means a licensee or professional corporation as defined in the Dental Profession Act. (dentiste)

Interpretation

(2) Nothing in this Act shall be held to prohibit a person giving necessary aid to a person who appears to be in urgent need of aid, if the aid is not given for hire or gain and the giving of the aid is not made a business or means of gaining a livelihood. RSNWT 1988, c.33(Supp.),s.99; SNWT 1998, c.5,s.11; SNWT 2023,c.25,s.2(3).

Headings repealed, SNWT 2023,c.25,s.2(4).

2-6, Repealed, SNWT 2023,c.25,s.2(4).

SNWT 2023,c.25,s.2(5).

DENTAL THERAPISTS

Dental Therapists Register

7.

The Minister shall cause to be kept a register called the Dental Therapists Register in which shall be entered the names of all persons entitled under this Act to be registered in the Dental Therapists Register. RSNWT 1988,c.33(Supp.),s.99; SNWT 2002,c.17, Sch.B,s.1.

Persons entitled to be registered

8.

(1) Subject to subsection (2), a person who is a graduate of and holds a certificate of qualification in good standing from a school or college offering a course in dental therapy approved by the Minister is, on payment of the prescribed fee, entitled to be registered in the Dental Therapists Register.

Exception

(2) A person who became the holder of a certificate of qualification in good standing as required by subsection (1) more than three years before applying to be registered in the Dental Therapists Register, is not entitled to be registered unless, within three years before the date of that person’s application to be registered in the Dental Therapists Register, the person has

(a) practised dental therapy; or

(b) demonstrated their professional ability as a dental therapist to the satisfaction of the Minister.

RSNWT 1988,c.33(Supp.),s.99; SNWT 2002,c.17, Sch.B,s.1; SNWT 2010,c.14,s.3(2); SNWT 2023, c.7,s.9(4); SNWT 2023,c.25,s.2(6),(7).

Annual licence fee

9.

A dental therapist must, in order to practise dental therapy, pay the prescribed annual licence fee at the time that their name is registered in the Dental Therapists Register, and subsequently on or before March 31 in each year. RSNWT 1988,c.33(Supp.), s.99; SNWT 2002,c.17,Sch.B,s.1; SNWT 2010,c.14, s.5; SNWT 2023,c.7,s.9(2); SNWT 2023,c.25,s.2(7).

Offence

10.

(1) Except as provided in this Act, no person shall practise dental therapy unless the person is registered and licensed as a dental therapist or a dentist.

Exception

(2) Where a school or college in the Northwest Territories offers a course in dental therapy that is approved by the Minister, the Minister may authorize an undergraduate of that school to engage in dental therapy under the supervision of a dentist as part of that person’s training. RSNWT 1988,c.33(Supp.), s.99; SNWT 2002,c.17,Sch.B,s.1; SNWT 2010, c.14, s.3(1),6; SNWT 2023,c.7,s.9(3); SNWT 2023,c.25, s.2(8).

Practice under direction of dentist

11.

No dental therapist shall practise dental therapy except under the direction and control of a dentist who assumes direct professional responsibility for the patients in respect of whom the dental therapy is being provided and then only in a dental health program approved by the Minister. RSNWT 1988, c.33 (Supp.),s.99; SNWT 2002,c.17,Sch.B, s.1; SNWT 2010,c.14,s.3(1); SNWT 2023,c.7,s.9(3). SNWT 2023,c.25,s.2(9).

OFFENCE AND PUNISHMENT

Offence and punishment

12.

Every person who contravenes or fails to comply with this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000. RSNWT 1988,c.33(Supp.),s.99; SNWT 2010, c.14,s.7.

Suspension or cancellation of licence

13.

(1) Where a dental therapist is convicted of an offence under this Act, the Minister may suspend the licence of that dental therapist for a period not exceeding six months or may have their name struck off the Dental Therapists Register and cancel their licence.

Hearing

(2) No action shall be taken under subsection (1) unless the person convicted has had an opportunity to show cause at a hearing why their licence should not be suspended or why their name should not be struck off the Dental Therapists Register and their licence should not be cancelled. SNWT 2023,c.25,s.2(10).

Application for reinstatement

14.

(1) A dental therapist whose name has been struck off the Dental Therapists Register and whose licence has been cancelled under section 13 may, after six months, apply to the Minister to have their name reinstated on the Dental Therapists Register.

Reinstatement and renewal

(2) The Minister may, on hearing an application under subsection (1), reinstate the person on the Dental Therapists Register and renew the licence of that person on the terms and conditions that the Minister considers reasonable and notwithstanding that the person may not then be entitled to be registered in the Dental Therapists Register, where the Minister is of the opinion that the reinstatement and renewal is justified having regard to the present circumstances of the person. RSNWT 1988,c.33(Supp.),s.99; SNWT 2002, c.17,Sch.B,s.1; SNWT 2023,c.25,s.2(11),(12).

GENERAL

Duration of licence

15.

Unless sooner cancelled, a licence issued under this Act to practise dental therapy expires on March 31 next following the day on which it came into force. RSNWT 1988,c.33(Supp.),s.99; SNWT 2010,c.14, s.3(1); SNWT 2023,c.7,s.9(2); SNWT 2023,c.25, s.2(13).

Limitation period

16.

A prosecution for an offence under this Act may not be commenced more than two years after the date the offence is alleged to have been committed. RSNWT 1988,c.33(Supp.),s.99; SNWT 2010,c.14,s.8.

REGULATIONS

Regulations

17.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) respecting the control and practice of dental therapy;

(b) prescribing the registration fee payable upon registration as a dental therapist and the licence fee payable upon registration and annually upon renewal; and

(c) respecting any matter that the Commissioner considers necessary for the effective carrying out of the intent and purposes of this Act.

RSNWT 1988,c.33(Supp.),s.99; SNWT 2010, c.14,s.9; SNWT 2023,c.25, s.2(14).

Yellowknife, N.W.T./2010