Dental Act 2018.pptx

DENTALACT2018
Impact on Dental Practitioner, Dental Profession, and General
Public

Malaysia’s new Dental Bill 2017
was presented in House of
representative (Dewan Rakyat) on
-1st reading 27.11.2017
-2nd reading 02.04.2018 -passed
Presented in Senate
1st
reading was in 03.04.18
2nd reading 04.04.18 -passed
Waiting for Royal Assent by
DYMM Yang Dipertuan Agong

Official
Announcement
from Yang
Berhormat Menteri
Kesihatan YBMK
- His words after
Dental Bill pass for
2nd Reading (Dewan
Rakyat)
- Some issues were
raised by members
of Dewan Rakyat.
Matters have been
clarified by YBMK
especially on
registration and
practices of dental
specialties.

Deputy
Minister of
MOH
3rd Reading happenedon
Dewan Negara
Dental Bill has passed
Dewan Negara and willbe
waiting for permission
(perkenan) Yang dipertua
Agong

Outlines
+ DentalAct1971:Whatwewantto improve?
+ Fundamentalof establishmentof DentalAct2018
+ HowDentalAct2018addingvalueto theexistingact
+ Highlights& Impactsof DentalAct2018

DentalAct1971:Whatdowewant to
improve?
+ It hassevenparts and 50sections
+ There are limitation of power in MDC
+ No specific regulation of dental nurses
+ Not in power to control the qualification of dental
practitioner, therefore the quality of dental practitioner
registered by the council hasbeen questioned
+ Power of enforcement officer wasnot in the act
+ Some offence or crime related to dental profession can’t be
charged under thisact

Parliament Hansard
+ The Dental Bill 2017 stated that only qualified
practitioner, dedicated and professional will be
registered and qualify to offer dental services to
Malaysians and foreigners.
+ Dental Bill 2017 will create a register for dental
specialists and dental therapist.
+ The new Dental Bill 2017has 9 parts and 104
sections compared to Dental Act 1971which
only has 7parts and 30 sections.

Dental
Bill
2018
Part I –Preliminary
Part II –The Malaysian Dental Council
Part III - The MalaysianDental Therapists Board
Part IV - Registration Of Practitioner
Part V - Disciplinary Proceedings
Part VI -Offences
Part VII - Enforcement
Part VIII -Miscellaneous
Part IX- Repeal,SavingsAndTransitional

DENTAL ACT 1971 DENTAL ACT 2018 CHANGE/IMPACT
Section1 & 2
Short Title
Interpretation
Section 1 & 2
Short Title & Commencement
Interpretation
Minimal

Interpretation
“dentist” meansapersonregisteredin DivisionIIof the Dental Registerunderthe
DentalAct1971[Act51]
“dental surgeon”means–
• adental surgeonregistered in Division Iof the Dental Registerunderthe Dental
Act1971;or
• apersonregisteredasadentalsurgeonundersection31 andfor thepurposesof Part
IV,PartVandPartVI includesanypersonwhoisdeemedto beregisteredas adental
surgeonundersubsection40(6);
“dental practitioner”means—
+ a dental surgeon;or
+ a dentist

PART II : THE MALAYSIAN
DENTAL COUNCIL

Overview ofPart II
+ Role of MDC – the functions & power of
MDC reflects more extensive role in
regulating the dental profession compared
Dental Act1971

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
Establishment of the Council
4. Functions of the Council
5. Powers of the Council
6. Membership of the Council
7.Power of Minister to appoint
members of the Council
8.Disqualification from
appointment, nomination or
election
9.Revocation and resignation of
members of the Council
10.Temporary exercise of
functions of the President
11. Secretary to the Council
12. Committees of the Council
13.Allowances for members of
the Council, etc.
14.Appointment of employees of
the Council
• Specific and clear role
in controlling the
quality of dental
surgeon and dental
specialist that should
be registered by the
Council
• Ensure the best
practice to the
benefit of patients
• Enable the council
to manage and
expand it revenue
and funding

MORE CHANGE/ IMPACT
Recognition of Dental Therapist in the Council.
For the time being, it stir uneasiness among DS as
they don’t want to be regulated by the Dental
Therapist

Section 4 : Functions of the Council
4.The Council shall have the following
functions–
+ (a) to recognize qualifications for registration
of practitioners under this Act
+ (b) to approve post-graduate
qualifications toregister asdental
specialists;
+ (c)to register and issuecertificates to dental
practitioners;
+ (d)to register and issuecertificates to dental
specialists;
+ (e)to determine the criteria for
registration of dentalspecialists;
+ (f)to regulate examinations for registration of
dental surgeons;
+ (g)to regulate the period of compulsory
serviceof dental practitioners; to do under
thisAct.
+ (h)to regulate the standardsof practice of
dental practitioners;
+ (i)to regulate the ethics and professional
conduct of dental practitioners;
+ (j)to regulate the scopeof practice of
practitioners; and
+ (k)to do suchother things asmay be required
or permitted

Sections 5 : Power of the Councils
+ (a) approve or reject applications
for registration of dental
practitioners and dental
specialists
+ (b) impose asit thinks fit fees or
any othercharges asprescribed in
the FourthSchedule
+ (c) pay allowances and other
expensesof the members of the
Council andcommittees
+ (d) employ such number of
employees asthe Councilthinks
necessary
+ (e)pay remuneration,
allowances and otherbenefits
tothe employees; and
+ (f) appoint any practitioner to
represent the Council in any
committee, panel or institution
where that person would
subsequently make
recommendations to the
Council on all matters relating
to qualifications for admission
to the profession.

24members
• Director Generalof Health -
President
• Director, Oral Health Division -
Registrar
• 6 DSfrom IPTappointed by Minister
• 6 DSappointed byMinister
• 6 DSin West M’sia –elected by DS
• 1DSresident in Sabahelected by DS
• 1DSresident in Sarawak electedby
DS
• 1Dentist resident in West M’sia
elected byDentist
• 1Dentist resident inEast M’sia
elected byDentist
• Director General of health -
• Principal Director -Registrar;
• 6 DSfrom IPTappointed by Minister;
• 6 DS,of whom 3 from the public sector and 3
from the private appointed by the Minister;
• 4 DSfrom the public sector, inPeninsular
Malaysia elected by DS ;
• 4 DSfrom the private sector in Peninsular
Malaysia elected byDS
• 1DSresident in Sabahelected by DS
• 1DSin Sarawak elected by DS
• 2 registered dental therapists who are
members of the Dental Therapists’
Committee nominated by the Dental
Therapists’Committee and appointed by
the Minister.
Part II, The Malaysian Dental Council
26members
Section 6 :
Membership of the council

PART III : THE MALAYSIAN
DENTAL THERAPISTS BOARD

DENTAL THERAPISTINMALAYSIA
+ 1949- provide a non-complex dental care under dentist’s supervision to
children aged 12 years and below (MOH 1999)
+ 1977- age restriction had been lifted to allow DT to treat patients up to 17
years of age (MOH 1999) One year training program introduced.
+ 1996- a new three-year programme was introduced and the qualification
was upgraded from certificate to diploma (MOH 2005, MOH 2006). Allow
to use High-speed burs & ultrasonic scaler .
+ 1998 – Introduction of Post-Basic Training
+ DTs in Malaysia are only allowed to provide diagnostic, restorative,
preventive and health promotion services in the public sector.

DENTAL THERAPISTINMALAYSIA
2008 - MalaysianDental Council. Dental manpower
development symposium:Resolution.
-In response to positive advancesin DT’s profession globally,
the possibility of improving and expanding the DT’s
profession wasdiscussed.
- Issuesconcerning the extension of DT’sroles, qualifications,
training and practice settings were put forward for future
consideration in the planning of the dental workforce

Section 15
Establishment of the Board
+ 15. (1) A board by the name of the
Malaysian Dental Therapists Board is
established.
+ (2) The Board shall have perpetual
succession and a common seal.

IMPACT
• Introduction of Dental Therapist in Public Sector and Private
Sector
• The burden of disease / work load of patients under 18
years old can be shared with DT in private sectors

PART IV : REGISTRATION OF
PRACTITIONER

Section 10-31 Four Chapter
Section 24-50
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 practicing
certificate
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 practicing certificate
20.Publication of list of
registered dental practitioners
issued with annual
practicing certificates
Chapter 1
Register
24. Registrar
25. Register
26. Alterations in Register
27.Removal of names from
Register
28.Restoration of name in
Register
Chapter 2
Registration
29.Qualifications for
registration as dental surgeon
30.Qualifications for
registration as dental therapist
31.Registration of dental
surgeon and dental therapist
32. Restriction on registration
33. Fitness to Practice Panel
• Impose strict criteria
for registration of
Division 1 Dentist
• Establishment of
Dental Qualifying
Committee to regulate
the qualification of
dental surgeon &
specialist
• Fitness to practice
panel ensure will look
into medical report to
ensure fall
practitioner are in
good health condition
to practice

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 practicing
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
34.Registration as dental
specialist
35.Registration as post-basic
dental therapist
36. Conditional registration
Chapter 3
Practising Certificate
37. Practising certificate
38. Annual practising certificate
39. Lifting of suspension
40.Temporary practising
certificate
41.Privileges of persons having
a practicing certificate
42. Display of certificate
• Provide quality &
overall physically
& mentally
healthy dental
practitioner for
the patients

Chapter 4
General Clause
43. Practicing as dental therapist
44.Notification of change in
address
45.Service of notice or
correspondence
46.Signing of dental sick
certificates and other documents
47.Community service for dental
surgeon
48.Dental bodies corporate and
companies
49.Exemption of dental
surgeon on ships
50.Carrying out dental
procedures
• The general clause
meant to cover
other areas that
are not covered in
previous chapter in
this act & some of
the sections were
not covered in
Dental Act 1971

Subsection29(1)
+ 29(1), Dental Surgeon must:
+ (a) holds a qualification granted by an accredited local training
institution
+ (b)he has been certified by the Dental Qualifying Committee to
have fulfilled the requirements of the Professional Qualifying
Examination; and
+ (c)he has proven to the satisfaction of the Dental Registrar that he
is a fit and proper person and is of good character.

Subsection 29 (4).Function of Dental Qualifying
Committee
(4) For the purposes of this section, the Dental Qualifying
Committee isestablished—
+ (a) to determine the standard and the assessment of PQE for a
dentalsurgeon;
+ (b) to conduct the PQE for adental surgeon or appoint any other
agency to conduct the Professional Qualifying Examination;
+ (c) to certifyany person who hasfulfilled the requirements of the
Professional Qualifying Examination; and
+ (d) to conduct any examination for the registration of
dental specialists

Impact of Establishment of Dental
Qualifying Committee
+ For local grad (IPTA & IPTS)
+ PQE is integrated in final year exam
+ For overseas grad
+ Must take PQE before practising/ become
registered dental practitioner (RDP)

Persons entitledtoberegisteredas a dentalspecialistand
practicing as dentalspecialists
+ Subsection 34( 2)
A dental surgeon may apply to be registered as a dental specialist if—
+ (a)he is registered in Division I of the DentalRegister;
+ (b) he holds any post-graduate specialist
qualification as specified by theCouncil;
+ (c)he fulfills the requirements of and hasbeen recommendedas
aspecialist by the Dental Specialists’Evaluation Committee;
and
+ (d)he hasprovento the satisfaction of the Dental Registrar
that he is afit andproper personandis of good character.

PART V : DISCIPLINARY
PROCEEDINGS

Part IV
Section 32-34
PART V
Section 51-61
32.Disciplinary jurisdiction of the
Council
33. Disciplinary punishments
34.Appeal against order or
decision of the Council
51. Disciplinary authority
52. Complaints Committee
53.Complaints or information against
practitioner
54.Classification of complaints or
information
55.Preliminary Investigation
Committee
56. Disciplinary Committee
57. Dismissal of complaints
58. Disciplinary punishments
59. Certificate to be returned
60. Appeal
61.Reinstatement of name in Register
• Clearly mention
about the
Committees
involved in
disciplinary
proceedings

Disciplinary committee: Section56
+ (1)Thereshallbe aDisciplinary Committee to investigate any
complaint or information against adental therapist or any
disciplinary matter that may beinquired into by the Board.
+ (2)TheDisciplinary Committee shall consist of the following seven
memberswho shallbe appointed by the President:
• + (a) five dentaltherapists;
• + (b) one dentalsurgeon; and
• + (c) one layperson.
+ (3)TheDisciplinary Committee shalldetermine whether or not
there shall be an inquiry based on its investigation and shall
recommendits findings to the Board.

PART V – GENERAL
Section 35-42
PART VI : OFFENCES
Section 62-69
GENERAL
35. Fraudulent registration
36. Offences
37.Prohibition of practice of
dentistry by unregistered
persons
38. Covering
39.Penalty for registered
dentists falsely describing
vocation
40. Prosecutions
41. Exemptions
42. General penalty
62.Prohibition of practice of
dentistry by unregistered
persons
63.Falsely personating as a
practitioner
64.Falsely describing
vocation
65. Fraudulent registration
66.Offences relating to
practicing certificate
67.Falsely displaying
certificate
68.Employing a person who
is not a practitioner
69. Covering
• Provision one part
specifically focusing
on offences reflects
how it has been
taken seriously

Prohibition of practice of dentistry by
Dental Act 1971 – Section 37
Only in Subsection 37(1)
From Paragraph 62(2)(a) until 62(2)(i) or 9
situations might contribute to offence
37. (1) Subject to subsection 38(4) no person 2) For the purposes of subsection (1), a
other than a registered person shall be deemed to be practising
dental practitioner shall practise dentistry: dentistry within the meaning of the Act, if—
Provided that nothing in this section shall (a) he treats or attempts to treat or professes
operate to prevent the to treat, cure, relieve or prevent any disease,
extraction of teeth for the relief of pain or the deficiency, lesion or pain of the human teeth
application of remedies or the oral and maxillo-facial complex and its
for such purposes, by registered medical related structures;
practitioners, and by other (b) he performs or attempts to perform any
persons in the public service working directly operation or procedure on human teeth or
under the orders and the oral and maxillo-facial complex and its
supervision of a registered dental surgeon. related structures;
(2) Any person who acts in contravention of (c) he inserts or attempts to insert any
this section shall be artificial teeth or appliance for the restoration,
guilty of an offence against this Act. regulation or improvement of the teeth or its
related structures;

From Paragraph 62(2)(a) until 62(2)(i) or 9 situations
might contribute to offence
(d)he performs any radiographic work in connection with
human teeth, the oral cavity or the oral and maxillo-facial
complex and its related structures;
(e)he performs or attempts to perform reconstructive
surgery with grafts or flaps to restore or in an attempt to
restore defects in the oral and maxillo-facial region;
(f)he performs or attempts to perform oral and facial plasty
or restoration in the oral and maxillo-facial complex and its
related region;
(g)he 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 a crown or
bridge or an appliance for the restoration or regulation of the
human teeth or oral and maxillo-facial complex;

From Paragraph 62(2)(a) until 62(2)(i) or 9
situations might contribute to offence
(h) he gives any anaesthetic or sedative in
connection with any such operation or
treatment as mentioned in this subsection; or
(i) he holds himself out whether directly or
indirectly as practising dentistry
(3) Any person who contravenes subsection
(1) commits an offence and shall, on
conviction, be liable to a fine not exceeding
three hundred thousand ringgit or to
imprisonment for a term not exceeding six
years or to both.
(4)Nothing in this section shall prevent a
medical practitioner registered under
Medical Act 1971 [Act 50] from carried out
any medical procedure

Section 63
Falsely personating asapractitioner
A person who is not registered under this Act shall not—
a) personate a practitioner under this Act;
b) claim to be qualified to practise dentistry;
c) take or use any name or title, addition or description, implying that—
i. he is a practitioner
ii. he is recognized by law as a practitioner; or
iii. he is qualified to heal or treat dental disorders or derangements
whether by dentistry or any other means of any kind or description;
d. take or use any instrument or dental material to induce any person to
believe that he is qualified to practice dentistry

Offences relating topracticing
certificate: Section66
+ (1)A practitioner who practises dentistry without avalid
practising certificate commits anoffence andshall,on
conviction, be liable to afine not exceeding fifty thousand
ringgit or to imprisonment for aterm not exceedingone
year or to both.
+ (2)Apractitioner who knowingly practises dentistry with a
person who does not have avalid practising certificate
commits an offence andshall,on conviction, beliable to afine
not exceeding twenty thousand ringgit or to
imprisonment for aterm not exceedingsixmonths or to
both.

Offences relating topractising
certificate: Section66
+ (3) A practitioner who employs a person who does not have a
valid practising certificate to practise dentistry commits an
offence and shall, on conviction, be liable to afine not exceeding
one hundred thousand ringgit or to imprisonment for a
term not exceedingtwo years or toboth.
+ (4)Any personwho contravenes this section shallnot be
entitled to recoverany fee, charge,reward, disbursementor cost
incurred during the time when he or any other such person
mentioned in this section doesnot havevalid practising
certificate.

Employing apersonwho is
not a practitioner: Section68
+ Any personwho employs aperson who is not a
practitioner under thisAct to perform the duties and
responsibilities of a practitioner commits an offence and
shall, on conviction, be liable to afine not exceeding
three hundred thousand ringgit or to imprisonment
for aterm not exceeding six years or toboth.

Dental Act 1971 – Subsection38(1)-38(4) Dental Act 2018 – Section 69
38. (1) 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
(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.
69. A practitioner who—
(a)allows an unregistered person to
practise dentistry on the premises used
by the practitioner in the performance
of his professional duties;
(b)by his presence, countenance,
advice, assistance, or cooperation
has enabled an unregistered person,
whether described as an assistant or
otherwise, to practise dentistry;or
Covering: Section69

Dental Act 1971 – Subsection38(1)-38(4) Dental Act 2018 – Section 69
(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
suchprocedures are carried out in the
course of that person’s employment and
under the supervision of a dental surgeon
in the public service
Covering: Section69

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
qualification to practise other than that
he is registered as a registered dentist
shall be guilty of an offence
against this Act
(c) Knowingly practises dentistry in the
premises in which an unregistered
person practises dentistry,
commits an offence and shall, on
conviction, be liable to a fine of
not more than of three hundred
thousand ringgit or to imprisonment
for a term not exceeding six years or to
both.
( repetition of previous for the purpose
of comparing the penalty)
IMPACT : Heavy penalty imposed the
high degree of offence in this act
Covering: Section69

Dental Act 2018.pptx

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