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Denturists Regulations

made under Section 7 of the
Denturists Act
S.N.S. 2000, c. 25
O.I.C. 2003-332 (July 18, 2003, effective August 1, 2003), N.S. Reg. 136/2003

Citation
1 These regulations may be cited as the Denturists Regulations.

Definitions
2 In these regulations,

(a) "Act" means the Denturists Act;

(b) "applicant" means a person who applies for registration under the Act or a professional corporation that applies for a permit under the Act, as the context requires;

(c) "Board Regulations" means the regulations made by the Board pursuant to subsection 7(1) of the Act;

(d) "certification exams" means the written, oral, and clinical examinations prescribed by the Board Regulations that test the competency of an applicant;

(e) "competency" means the specific knowledge, skills, and judgement required for a denturist to be considered competent;

(f) "competent" means, in relation to a denturist, able to integrate and apply the knowledge, skills, and judgement required for a denturist to practise denturism safely and ethically;

(g) "denture clinic" means the premises from which a licensee practices denturism;

(h) "fee" means a fee prescribed by the Board Regulations;

(i) "licensure year" means a 12-month period determined by the Board;

(j) "renewal form" means the form prescribed by the Board Regulations to be used by a licensee or a professional corporation to renew a licence or permit;

(k) "scope of practice" means those aspects of the practice of denturism for which a licensee possesses appropriate education and experience and that are approved by the Board for the licensee to perform.

Registration
3 In addition to satisfying the conditions of clauses 15(b) to (e) of the Act, an applicant must

(a) apply for registration on the form prescribed by the Board Regulations for that purpose;

(b) obtain such educational qualifications as prescribed by the Board Regulations;

(c) have a personal interview with the Registrar, if required by the Registrar;

(d) sign an acknowledgment indicating that the applicant agrees to abide by the provisions of the Act and the regulations;

(e) satisfy one of the following requirements:

(i) successful completion of the certification exams within the 16 months immediately before registration, or

(ii) if the applicant holds a current licence to practice denturism in another province or territory, demonstration of proof of registration and licensure for the scope of practice of denturism intended to be practised in the Province, or, if that proof is not available, demonstration of such other proof of competency as required by the Board;

(f) provide the Registrar with

(i) an unmounted passport-size photograph,

(ii) a birth certificate or other identification documents satisfactory to the Registrar,

(iii) proof that the applicant is legally entitled to live and work in Canada,

(iv) a certified copy of any degree, diploma or certificate granted to the applicant and relating to denturism,

(v) if the applicant holds or has held a licence to practice denturism in another province or territory, documentation from the licensing body in each jurisdiction in which the applicant has practised, indicating that

(A) the applicant was in good standing at the time the applicant practised in that jurisdiction, and

(B) the applicant is not currently subject to any disciplinary findings that would prohibit or restrict the applicantís practice of denturism,

(vi) information with respect to any criminal offence for which the applicant has been convicted and for which a pardon has not been granted,

(vii) proof of professional liability insurance coverage or other form of malpractice coverage in a minimum amount of $1 000 000.00, and

(viii) any information from references that is requested by the Registrar.

4 The Registrar must provide each applicant with a copy of the Act and the regulations, at the time of registration.

5 The Registrar must strike the name of a licensee from the Register

(a) at the request of the licensee, upon surrendering their licence;

(b) if the licenseeís name has been incorrectly entered;

(c) if the Registrar receives notification of the licenseeís death; or

(d) if the licence of the licensee has been revoked.

6 A licensee must advise the Registrar as soon as possible of any change of name or of any other relevant changes from the licenseeís original application for registration.

Practising and non-practising status
7 (1) A licenseeís name must be recorded in the Register with the licenseeís status listed as "practising".

(2) A licensee may

(a) practise denturism within the licenseeís scope of practice approved pursuant to Section 9;

(b) use the title "denturist" or "licensed denturist";

(c) be appointed as a member of the Board pursuant to clause 6(1)(a) of the Act; and

(d) receive copies of any official publications or mailings from the Board.

(3) If the licence of a registered person is suspended, the personís status in the Register must be listed as "non-practising".

(4) A person who holds non-practising status has none of the entitlements set out in subsection (2).

Licence condition respecting denture clinic
8 A licence authorizes the licensee to practise denturism only from a denture clinic that complies with the requirements of Sections 36 and 37.

Scope of practice
9 (1) A licence must indicate the scope of practice in which the licensee may engage.

(2) When considering the scope of practice to be recommended for approval by the Board for a licensee, the Registrar must take into account

(a) the licenseeís education;

(b) evaluations of the licenseeís performance in health disciplines; and

(c) the previous scopes of practice in which the licensee has been engaged.

(3) If a licensee wishes to change their scope of practice, the licensee must provide the Registrar with evidence that the licensee is competent to engage in the requested scope of practice and the Registrar must decide whether to grant the request.

(4) If a licensee is dissatisfied with the decision of the Registrar pursuant to subsection (3), the licensee may request in writing that the matter be referred to the Board.

(5) If a licensee requests a referral pursuant to subsection (3),

(a) the Board, in consultation with the Registrar, must consider the request for change in scope of practice and may make such inquiries or demand such further information as the Board sees fit; and

(b) the licensee must be granted the opportunity to appear before the Board, with or without legal counsel.

(6) After consulting with the Registrar and, if applicable, hearing the licensee in a referral made under subsection (5), the Board may

(a) direct the Registrar to issue a licence with a revised scope of practice;

(b) determine that no change is required to the scope of practice set out in the licence; or

(c) postpone further consideration of the matter pending completion by the licensee of such training or examinations as the Board may require.

Expiry of licences
10 A licence remains in effect until the expiration of the licensure year in which it was issued unless it is suspended or revoked, or amended by the imposition of restrictions or conditions that affect the expiry date.

Renewal of licences
11 (1) Notice of the annual licence fee for the ensuing licensure year must be sent to each licensee together with a renewal form, at least 60 days before the expiry date of the current licence.

(2) The Registrar must issue a licence for the ensuing licensure year if the licensee

(a) files a completed renewal form with the Registrar at least 15 days before the expiry date of the current licence;

(b) pays the applicable non-refundable fee at least 15 days before the expiry date of the current licence;

(c) provides the Registrar with the documents and information referred to in subclauses 3(f)(iii), (v), (vi), (vii), and (viii);

(d) provides the Registrar with proof of compliance with the continuing education requirements of Section 12; and

(e) provides the Registrar with proof of completion of 640 hours in the practice of denturism within the 3-year period immediately preceding the renewal application, or such proof of competency as the Board requires.

(3) Suspension of a licence under subsection 17(2) of the Act for non-payment of the annual fee as required by clause (2)(b) or non-compliance with the continuing education requirements referred to in clause (2)(d) is effective on the day immediately following the current licenceís expiry date.

Continuing education
12 (1) Every 3 years a licensee must complete a minimum of 36 credits of continuing education approved by the Board.

(2) The period referred to in subsection (1) commences on the date of proclamation of the Act.

Provisional licensing
13 The Registrar may grant a provisional licence, upon payment of the applicable fee, to an applicant who meets the requirements for licensing contained in the Act and these regulations

(a) except that the documentation required in clause 3(f) is not immediately available, as long as it is provided within what the Registrar considers to be a reasonable period of time and the Registrar is able to verify the information through some other acceptable means; or

(b) if the applicant is currently licensed in another province and will be practising denturism in the Province for a period of no more than 3 months,

or for such other reasons as the Board considers appropriate.

14 A provisional licence may be subject to terms and conditions

(a) as to the length of time and the place in which the applicant may be permitted to practice; or

(b) as to the scope of practice,

or any other conditions that the Registrar considers necessary and appropriate.

15 A provisional licence is no longer valid after

(a) a licence is issued to the holder of a provisional licence; or

(b) the provisional licence expires.

Permitted titles and designations
16 A licensee must use only the title "denturist" or "licensed denturist" and may use in association with their name a designation of any academic degree, diploma or certificate held by the licensee and approved by the Board for such use.

17 (1) A licensee who advertises or uses the term "denture clinic" or any other non- personal designation of a denturist service may include with the designation the name or names of the licensees working at the clinic or the service.

(2) A licensee is not permitted to use the term "denture clinic" or any other non-personal designation of a denturist service in connection with any other activity other than the practice of denturism.

18 (1) A licensee who wishes to use a term, title or designation that indicates specialization or expertise in any branch or aspect of denturism must obtain the approval of the Board before using the term, title or designation.

(2) In any proceeding under the Act, the onus of proof that a term, title, or designation is approved by the Board is on the licensee seeking to rely on the approval.

19 Sections 16, 17, and 18 apply with the necessary changes in detail to a professional corporation.

Advertising
20 Subject to Sections 16, 17 and 18, a licensee may advertise the denture services that they provide in signs, newspapers, magazines, electronic media, telephone directories, periodicals, professional cards, marquees or letterhead, or in other venues as approved by the Board.

21 (1) Advertising by a licensee must be relevant to the publicís ability to make an informed choice.

(2) Relevant public information includes

(a) the name of the licensee and a listing of their partners;

(b) the name and address of the denture clinic;

(c) the denture clinicís telephone and fax numbers;

(d) the denture clinicís Internet and e-mail addresses;

(e) the office hours and days that the denture clinic is open;

(f) any licensee specialization;

(g) universal symbols, such as the symbols for wheelchair accessibility and for acceptance of payment by a particular credit card or debit system;

(h) a photograph of the licensee; and

(i) the denture services offered by the licensee.

22 (1) No licensee is permitted to advertise their denture services in a manner that

(a) claims superiority of practice over that of another licensee;

(b) is inaccurate;

(c) is capable of misleading the public;

(d) is in the nature of a testimonial or a comparative statement;

(e) makes any claim as to the quality or efficacy of the services provided;

(f) tends to promote the excessive or unnecessary use of the services provided; or

(g) could reasonably be regarded as likely to bring the profession of denturism into disrepute.

(2) Professional signs, window advertisements, printed advertisements and names of professional corporations used by a licensee must be dignified and restrained in character.

23 Sections 20 to 22 apply with the necessary changes in detail to a professional corporation.

Reports and returns
24 A licensee must provide reports and returns as requested by the Board for the purpose of compiling statistics and data in promoting denturism.

Licenseeís records
25 A licensee must

(a) maintain a legible record for each patient that includes

(i) the date of opening the patient record,

(ii) the surname and given names of the patient and the patientís address, telephone number, date of birth, and gender,

(iii) the name and phone number of the patientís physician and dentist,

(iv) the patientís case history, including relevant medical and dental history,

(v) the evaluation procedures used, the findings obtained, the problem or problems identified, and the treatment plan,

(vi) progress notes, including a record of the treatment provided, the methods and the effects of the treatment, and the status of the patient on discharge,

(vii) copies of reports respecting the patient that are received from other parties or issued to other parties,

(viii) a record of each date on which the patient was seen or treated or rendered a professional service by the licensee, and

(ix) where applicable, a record of the licenseeís fees and charges;

(b) maintain records establishing that the denture clinic from which the licensee practises denturism meets the requirements of Section 37;

(c) maintain current financial records in accordance with generally accepted accounting principles;

(d) cause financial statements to be prepared at the end of each fiscal year; and

(e) maintain employee records in accordance with generally accepted business standards.

26 (1) A licensee must keep the records required by these regulations in a systematic manner and must retain each record for a period of not less than 7 years after the date of the last entry in the record.

(2) A licensee who ceases to practise denturism must ensure that their patientsí records are kept in safe custody during the 7-year period prescribed in subsection (1).

27 (1) A licensee must make the records kept pursuant to these regulations available at reasonable hours at the licenseeís denture clinic, in a manner that will allow an inspector appointed by the Board to confirm compliance with these regulations.

(2) Records referred to in subsection (1) include books, files, documents, and equipment.

28 A patientís records are confidential and may not be disclosed or discussed unless

(a) the patient consents to it;

(b) the records are required as part of an investigation into a disciplinary matter by the Board or its representatives pursuant to the Act; or

(c) the records are required to be disclosed by law.

29 Sections 25 to 28 apply to a professional corporation with the necessary changes in detail.

Professional misconduct
30 (1) A licensee may be found guilty of professional misconduct if the licensee

(a) breaches the Act or the regulations;

(b) fails to adhere to the code of ethics as prescribed in the Board Regulations;

(c) is convicted of a criminal offence that would make it inappropriate for the licensee to practise denturism;

(d) submits a false or misleading account for services;

(e) pays or gives a gift to a person who has referred a patient, or receives or accepts a rebate, payment or gift from a person to whom a patient is referred; or

(f) fails to keep adequate records or fails to provide information as required by the Registrar.

(2) Professional misconduct is not limited to the circumstances set out in subsection (1).

Publication of suspension or revocation
31 If a licence is suspended or revoked pursuant to subsection 34(5) of the Act following a complaint against the licensee, or 35(1) of the Act upon indication of incompetence or professional misconduct or conduct unbecoming on behalf of the licensee, or paragraphs 48(2)(e)(i)(A) or (B) of the Act if the licensee is found guilty of charges in a disciplinary matter, the Registrar or the hearing panel, as applicable,

(a) may publish the suspension or revocation in one or more newspapers with circulation throughout the Province;

(b) must notify licensing authorities in other jurisdictions of the suspension or revocation; and

(c) may take such steps as are necessary to advise other licensees of the circumstances of the findings and disposition.

Professional corporations
32 (1) For the purposes of clause 56(3)(p) of the Act, the minimum amount of liability insurance required to be held by a professional corporation is $1 000 000.00.

(2) If a professional corporationís permit is suspended or revoked, the professional corporation may request that the Board review the decision of the Registrar as permitted by subsection 56(7) of the Act.

(3) If the Board reviews a decision pursuant to subsection 56(7) of the Act,

(a) the Board, in consultation with the Registrar, must consider the nature of the revocation or suspension and may make such inquiries or demand such further information as the Board sees fit; and

(b) the professional corporation must be granted the opportunity to appear before the Board, with or without legal counsel.

(4) After consulting with the Registrar and, if applicable, hearing the professional corporation in a review under subsection (3), the Board may

(a) direct the Registrar to re-issue a permit to the professional corporation;

(b) direct the Registrar to re-issue to the professional corporation a permit subject to such conditions, limitations or restrictions as the Board considers appropriate; or

(c) direct the Registrar to refuse to re-issue a permit if the Board is not satisfied that the professional corporation has met the criteria set out in the Act and the regulations.

Suspension of permit
33 (1) The Registrar may suspend the permit of a professional corporation, without notice or investigation, upon contravention of any provision of the Act or the regulations that requires the professional corporation to pay a fee or a fine, file a document, or do any other act by a specified or ascertainable date.

(2) A permit suspended under subsection (1) must not be re-instated until the professional corporation pays the fee or the fine, files the document or carries out the required act.

(3) A professional corporation whose permit is suspended under subsection (1) must immediately cease to practise denturism until its permit is re-instated by the Registrar.

Register of professional corporations
34 The Registrar must maintain a register of professional corporations, in which the Registrar must enter the name of each professional corporation, the directors, the officers, and the shareholders of the professional corporation, and the address of the professional corporationís denture clinic.

Fees for the issuance and renewal of permits
35 An applicant for the issuance or renewal of a permit must pay a fee in the amount of $75.00 to the Board prior to the issuance or renewal of the permit.

Denture clinic requirements
36 A denturist supervising a denture clinic must

(a) maintain the premises in a sanitary and hygienic condition;

(b) act in a professional and hygienic manner;

(c) maintain the equipment that the denturist uses in the practice of denturism in good working order and in a hygienic condition;

(d) maintain an infection control system and practise current infection control techniques and protocol;

(e) practise universal precautions;

(f) maintain an appointment book used exclusively for the recording of patient appointments;

(g) maintain up-to-date records for each patient in the form of alphabetical or systematic client charts or cards or an electronic filing system;

(h) supervise all activities conducted at the denture clinic; and

(i) exhibit in a conspicuous manner on the denture clinic premises the licence of the denturist practising from the denture clinic.

37 (1) A denture clinic must include at least the following rooms, which must be separate from one another:

(a) a reception and waiting area;

(b) a private room in which patients are treated; and

(c) a laboratory.

(2) A private room referred to in clause (1)(b) must be equipped with at least the following items or amenities:

(a) a dental chair;

(b) a dental light;

(c) a cuspidor with running water or an evacuator;

(d) a hand-washing facility with hot and cold running water;

(e) a single-service liquid soap dispenser;

(f) an enclosed single-service wall-mounted disposab]le towel dispenser;

(g) a covered foot-controlled garbage can; and

(h) a sealed floor covering without any carpeting,

and must not contain any wooden instruments, bar soap or cloth hand towels.

(3) A laboratory referred to in clause (1)(c) must be equipped with at least the following items or amenities:

(a) an organized work space;

(b) a hand-washing facility with hot and cold running water;

(c) a single-service liquid soap dispenser;

(d) an enclosed single-service wall-mounted disposable towel dispenser; and

(e) a sealed floor covering without any carpeting.

(4) A denture clinic must include or have within easy access a washroom that is equipped with at least the following items or amenities:

(a) a functioning toilet;

(b) a hand-washing facility with hot and cold running water;

(c) a single-service liquid soap dispenser;

(d) an enclosed single-service wall-mounted disposable towel dispenser or mounted air dryer; and

(e) a sealed floor covering without any carpeting.

(5) A denture clinic must be equipped with properly functioning disinfecting and sterilizing equipment.