The Author, Shreeya Sucharita is a 2nd Year, BBA.LLB student at ICFAI Law School, Dehradun. She is currently interning with LatestLaws.com.
INTRODUCTION
The Dentist Act, 1948, that extends to the whole of India, is an Act to regulate the profession of dentistry; which was passed by the Indian Parliament in close association with All India Dental Association on 29th March, 1948. In this Act, there are five chapters, namely, Introduction, Dental Council of India, State Dental Councils, Registration and Miscellaneous with a total of 55 Sections. In the interpretation of this Act, ‘The Council’ means The Dental Council of India; ‘Dental Hygienist’ means a person, who’s not a dentist or a medical practitioner, who scales, cleans or polishes teeth, or gives instruction in dental hygiene; ‘Dental Mechanic’ means a person who makes or repairs denture and dental appliances; and ‘Dentist’ means a person who practises dentistry.
Q1. What is ‘Dentistry’ according to the Dentist Act, 1948?
Ans. Dentistry includes the performance of any operation or the treatment of any disease, deficiency, etc of human teeth or jaws; the giving of any anaesthetic in connection with any such operation or treatment; the mechanical building or the renewal of artificial dentures or repairable dental appliances; or the giving of any treatment, advice or attendance to, any person prior to, or for the purpose of, or in connection with, the fitting, inserting, fixing, constructing, repairing or renewing of artificial dentures or restorative dental appliances, and the performance of any such operation and the giving of any such treatment, advice or attendance, as is usually performed or given by dentists.
Q2. What is the Constitution and Composition of the Council?
Ans. The Central Government shall constitute a Council comprising of the following members-
- One registered dentist possessing a recognised dental qualification elected by the dentists registered in Part A of each State register
- one member elected from amongst themselves by the members of the Medical Council of India
- not more than four members elected from among themselves, by (i) Principals, Deans, Directors and Vice-Principals of dental colleges in the States training students for recognised dental qualifications (ii) Heads of dental wings of medical colleges in the States training students for recognised dental qualifications
- one member from each University established by law in the States which grants a recognised dental qualification, to be elected by the members of the Senate of the University
- one member to represent each state nominated by the Government of each such State from among persons registered either in a medical register or a dental register of the State
- six members nominated by the Central Government, of whom at least one shall be a registered dentist possessing a recognised dental qualification and practising or holding an appointment in an institution for the training of dentists and at least two shall be dentists registered in Part B of State register
- the Director General of Health Services, ex officio
Q3. What is the Mode of Election and term for the Council?
Ans. Elections shall be conducted in the directed manner, and where any dispute arises regarding any such election, it shall be referred to the Central Government whose decision shall be final. An elected or nominated member shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer. The President and Vice-President of the Council shall be elected by the members thereof from among themselves; and an elected President or Vice-President shall hold office as such for a term not exceeding five years, where not extending his term as member of the Council, but subject to his being a member of the Council, he shall be eligible for re-election.
Q4. What is an Executive Committee and what is its composition?
Ans. The Council shall constitute from among its members an Executive Committee, and may also constitute other Committees for such general or special purposes as the Council considers necessary for carrying out its functions under this Act. The Executive Committee shall consist of the President and Vice-President ex officio and five other members elected by the Council. The President and Vice-President of the Council shall be Chairman and Vice-Chairman of the Executive Committee, respectively.
Q5. What is Recognition and Non-Recognition of Dental Qualifications and what are its effects?
Ans. The dental qualifications, granted by any authority or institution in India, which are included in Part I of the Schedule shall be recognised dental qualifications for the purposes of this Act. Any authority or institution in India which grants a dental qualification not included in Part I of the Schedule may apply to the Central Government to have such qualification recognised and included in that Part.
Under the effect of this, any recognised dental or dental hygiene qualification shall be a sufficient qualification for enrolment in the appropriate register of any State; and no person shall be entitled to be enrolled in any register as a dentist or dental hygienist unless they hold a recognised dental or dental hygiene qualification or as a dental mechanic unless they have undergone training which satisfies the prescribed requirements.
Q6. What is the Indian Register under Dentist Act, 1948?
Ans. The Council shall maintain a register of dentists to be known as the Indian Dentists Register involving the entries in all the State registers of dentists. According to this Act, each State Council shall supply to the Council twenty printed copies of the State register as soon as possible, after the 1st day of April of each year, and each Registrar shall notify the Council without delay of all additions to and other amendments in the State register.
Q7. What is the Constitution and Composition of State Dental Councils under the Dentist Act, 1948?
Ans. The State Dental Council shall comprise of four members elected from among themselves by dentists registered in Part A of the State register; four members elected from among themselves by dentists registered in Part B of the State register; the heads of dental colleges, if any, in the State which train students for any of the recognised dental qualifications included in Part I of the Schedule, ex officio; one member elected from amongst themselves by the members of the Medical Council or the Council of Medical Registration of the State, three members nominated by the State Government; and the Chief Medical Officer of the State, ex officio.
Q8. Is the State Dental Council elected in the same way as the Council?
Ans. Elections for the State Dental Council, similar to election for the Council, shall be conducted in the prescribed manner, and where any dispute emerges regarding any such election, it shall be referred to the State Government whose decision shall be final. In the same way as the President and Vice-President of the Council, the President and the Vice-President for State Council shall be elected by the members thereof from among themselves and they shall hold office for a term not exceeding five years and be eligible for re-election.
Q9. What is the purpose of the State Executive Committee when an Executive Committee already exists?
Ans. The State Council shall constitute an Executive Committee, just like the Council, from among its members, comprising of the President and Vice-President ex officio, and the Chief Medical Officer of the state or states concerned, for the purpose of carrying out its functions in the state. The Executive Committee shall exercise and discharge such powers and duties as directed, for the state. The President and Vice-President of the State Council shall be Chairman and Vice-Chairman, respectively, of the Executive Committee.
Q10. What should be included in the Register of Dentists for the State?
Ans. The register shall consist of the following particulars, namely- the full name, nationality and residential address of the registered person; the date of their first admission to the register; their qualification for registration, and the date on which they obtained their degree or diploma in dentistry, if any, and the authority which conferred it; their professional address; and such further particulars as may be prescribed.
Q11. What is the function of Renewal Fees and what happens if it is not paid?
Ans. The State Government may, by notification in the Official Gazette, direct that the State Council shall be paid renewal fee, as prescribed annually for the holding of a name in a register after the 31st day of December. On payment of the renewal fee, the Registrar shall issue a certificate of renewal and such certificate shall be proof of renewal of registration.
Where a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register
Q12. What is the effect of Registration?
Ans. As an effect of Registration, any reference to a person recognised by law as a dentist shall be deemed to be a reference to a dentist registered under this Act. No certificate required by or under any other law from a dentist shall be valid unless the person signing it is registered as a dentist under this Act. Any person who is a registered dentist, registered dental hygienist or registered dental mechanic in a State may practice as such in any other State.
Q13. What happens if a person misuses the title?
Ans. If any person, not being a person registered in the register of dentists, takes or uses the description of dental practitioner, dental surgeon, surgeon dentist, or dentist, or not being a person whose name is entered on a register of dental hygienists, takes or uses in a State where such register has been published, the title of dental hygienist, or not being a person whose name is entered on a register of dental mechanics, takes or uses in a State where such register has been published, the title of dental mechanic, or not possessing a recognised dental qualification, uses a degree or a diploma or an abbreviation indicating or implying a dental qualification, they shall be punishable on first conviction with fine which may extend to five hundred rupees, and any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.
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