Continuing Competence
16 Program credits
17 Program rules
18 Rule distribution
19 Practice visits
20 Actions
to be taken
Alternative Complaint Resolution
21 Process conductor
22 Agreement
23 Confidentiality
24 Leaving
the process
Reinstatement
25 5‑year limitation
26 Hearing date
27 Reinstatement Review Committee
28 Hearing
29 Deliberations
30 Decision
31 Access
to decision
Information
32 Providing information
33 Correcting information
34 Section 119 information
35 Information
made available
Transitional
Provisions, Repeals
and Coming into Force
36 Transitional provisions
37 Repeal
38 Coming
into force
Definitions
1 In this
Regulation,
(a) “College” means The Alberta Dental
Association and College;
(b) “Competence Committee” means the competence
committee of the College;
(c) “Complaints Director” means the complaints
director of the College;
(d) “Council” means the council of the College;
(e) “Hearings Director” means the hearings
director of the College;
(f) “Hearing Tribunal” means the hearing
tribunal of the College;
(g) “Registrar” means the registrar of the
College;
(h) “Registration Committee” means the
registration committee of the College;
(i) “Reinstatement Review Committee” means the
reinstatement review committee established under this Regulation.
Register categories
2 The regulated
members register established by the Council under section 33(1)(a) of the Act
has the following categories:
(a) main register;
(b) education and research register;
(c) courtesy register.
Registration
Main
register education, exam requirements
3(1) An applicant
for registration as a regulated member on the main register must
(a) have a degree of doctor of dental surgery or
doctor of dental medicine from a dentistry program approved by the Council, and
(b) have successfully completed the registration
examination approved by the Council and the ethics and jurisprudence
examination approved by the Council.
(2) An applicant under
subsection (1) must have completed the requirements set out in this section
within 5 years of submitting a complete application for registration or
demonstrate to the satisfaction of the Registrar or the Registration Committee
that the applicant is currently competent to practice.
Education and research register requirements
4(1) An applicant
for registration as a regulated member on the education and research register
(a) must submit a letter from the Dean of the
Faculty of Medicine and Dentistry, University of Alberta that states that the
applicant will be employed as a dentist by the University of Alberta and that
lists the employment duties of the applicant, and
(b) must satisfy the Registrar that the
applicant is qualified to carry out the employment duties.
(2) A person registered on
the education and research register may practice dentistry only as part of the
person’s teaching and research duties as an employee of the Faculty of Medicine
and Dentistry of the University of Alberta and shall not carry out the practice
of dentistry in private practice.
(3) For the purposes of
this section, “employment” means being engaged to provide dental services on a
full‑time or part‑time basis as a paid or unpaid employee,
consultant or contractor.
Equivalent jurisdiction
5 An applicant
currently registered in good standing in another jurisdiction recognized by the
Council under section 28(2)(b) of the Act as having substantially equivalent
registration requirements may be registered on the appropriate register.
Equivalent competence
6(1) An applicant
who does not meet the registration requirements under section 3 or 5 but whose
qualifications have been determined by the Registrar to be substantially
equivalent to the competence requirements set out in section 3 or 5 may be
registered on the appropriate register.
(2) In determining whether
or not an applicant’s qualifications are substantially equivalent under
subsection (1), the Registrar may require the applicant to undergo an
examination, testing and assessment activity to assist with the determination.
(3) The Registrar may
direct the applicant to undergo any education or training activities the
Registrar may consider necessary in order for the applicant to be registered.
Courtesy register applications
7 An applicant who is
registered as a dentist in good standing in another jurisdiction and who
requires registration in Alberta on a temporary basis for a specified purpose
approved by the Registrar is eligible to be registered on the courtesy register
for up to 30 days.
Good character, reputation
8 All applicants
for registration as regulated members must provide evidence of having good
character and reputation by submitting any of the following on the request of
the Registrar:
(a) written references from colleagues and,
where applicable, from another jurisdiction in which they are currently
registered;
(b) a statement by the applicant as to
whether the applicant is currently
undergoing an unprofessional conduct process or has previously been disciplined
by another regulatory body responsible for the regulation of dentistry or of
another profession;
(c) a statement as to whether the applicant has
ever been convicted of a criminal offence;
(d) any other evidence as requested.
Liability insurance
9 All applicants
for registration as regulated members must provide evidence of having the type
and amount of professional liability insurance required by the Council.
Titles
and Abbreviations
Authorization
to use titles, etc.
10(1) All
regulated members may use the following titles:
registered, dentist, doctor and Dr.
(2) A regulated member who
has successfully completed the following educational requirements may use the
following titles:
(a) a 2‑year postgraduate program and
examination in endodontics approved by the Council, the title “Endodontist”;
(b) a 4‑year postgraduate program and
examination in oral and maxillofacial surgery approved by the Council, the
title “Oral and Maxillofacial Surgeon”;
(c) a 2‑year postgraduate program and examination
in orthodontics and dentofacial orthopedics approved by the Council, the title
“Orthodontist and Dentofacial Orthopedist”;
(d) a 2‑year postgraduate program and
examination in pediatric dentistry approved by the Council, the title
“Pediatric Dentist”;
(e) a 3‑year postgraduate program and
examination in periodontics approved by the Council, the title “Periodontist”;
(f) a 3‑year postgraduate program and
examination in prosthodontics approved by the Council, the title
“Prosthodontist”;
(g) a 3‑year postgraduate program and
examination in oral pathology and oral medicine approved by the Council, the
title “Oral Pathologist and Oral Medicine Specialist”;
(h) a 2‑year postgraduate program and
examination in oral and maxillofacial radiology approved by the Council, the
title “Oral and Maxillofacial Radiologist”;
(i) a 2‑year postgraduate program and
examination in public health dentistry approved by the Council, the title
“Public Health Dentist”.
Practice
Permit
Conditions
11 On issuing a
practice permit, the Registrar may impose conditions on a regulated member,
including but not limited to the following:
(a) that the regulated member complete any
examinations, testing, assessment, counselling, training or education as
considered necessary by the Registrar or the Competence Committee;
(b) that the regulated member limit the member’s
practice to specified procedures or settings;
(c) that the regulated member report to the
Registrar on specified matters on specified dates;
(d) that the practice permit is valid only for a
specified purpose and time;
(e) that the regulated member be prohibited from
supervising dentistry students under section 15 or other dentists;
(f) that the regulated member must practice
under the supervision of another regulated member for the period of time
considered necessary by the Registrar.
Restricted
Activities
Authorized
activities
12 Regulated members
may, within the practice of dentistry, perform the following restricted
activities as set out in Schedule 7.1 to the Government Organization Act:
(a) to cut a body tissue and to administer
anything by an invasive procedure on a body tissue below the dermis or the
mucous membrane or in or below the surface of teeth, including scaling of
teeth;
(b) to insert or remove instruments, devices,
fingers or hands
(i) beyond the cartilaginous portion of the ear
canal;
(ii) beyond the point in the nasal passages where
they normally narrow;
(iii) beyond the pharynx;
(iv) into an artificial opening of the body;
(c) to set or reset a fracture of a bone;
(d) to reduce a dislocation of a joint;
(e) to prescribe a Schedule 1 drug within the
meaning of the Pharmaceutical Profession
Act;
(f) to dispense, provide for selling or sell a
Schedule 1 or Schedule 2 drug within the meaning of the Pharmaceutical Profession Act;
(g) to prescribe, dispense or administer a
vaccine;
(h) to prescribe parenteral nutrition;
(i) to prescribe, compound or administer blood
or blood products;
(j) to prescribe or administer diagnostic
contrasting agents;
(k) to prescribe or administer nitrous oxide for
the purpose of anaesthesia or sedation;
(l) to prescribe or administer
radiopharmaceuticals, radiolabelled substances, radioactive gases or
radioaerosols;
(m) to order or apply any form of ionizing radiation
in medical radiography;
(n) to order and apply non‑ionizing
radiation in lithotripsy;
(o) to order non‑ionizing radiation in
magnetic resonance imaging and ultrasound imaging;
(p) to prescribe or fit an orthodontic or
periodontal appliance, a fixed or removable partial or complete denture or an
implant supported prosthesis.
Anaesthetics
13 Only regulated
members who successfully complete an educational program in the administration
of general and neurolept anaesthesia approved by the Council and have been
authorized by the Council may perform the following restricted activities
related to the administration of anaesthesia, other than nitrous oxide, in the
practice of dentistry
(a) insert or remove instruments, devices,
fingers or hands
(i) beyond the opening of the urethra,
(ii) beyond the labia majora, and
(iii) beyond the anal verge,
and
(b) prescribe and administer anaesthetic gases,
other than nitrous oxide, for the purposes of anaesthesia and sedation.
Restriction
14 Despite sections
12 and 13, regulated members must restrict themselves in performing restricted
activities to those activities that they are competent to perform and to those
that are appropriate to the member’s area of practice and the procedure being
performed.
Students
15(1) A student
who is enrolled in a dentistry program approved by Council may perform the
restricted activities set out in section 12 under the direct supervision of a
regulated member registered on the main register or on the education and research
register.
(2) The supervising
regulated member must be
(a) on‑site with the student while the
student is performing the restricted activity,
(b) available for consultation and to assist the
student in performing the restricted activity as required, and
(c) authorized by this Regulation to provide the
restricted activity and authorized by the dentistry program in which the
student is enrolled to supervise the restricted activity.
Continuing
Competence
Program
credits
16(1) On and after
the January 1 immediately following the coming into force of this Regulation,
regulated members must obtain 60 continuing competence program credits in a 2‑year
period.
(2) To obtain program
credits, a regulated member may undertake the following professional
development activities in accordance with the rules approved under section 17:
(a) attendance at a dental‑related
scientific or clinical course designed to enhance the professional development
of dentists;
(b) providing a presentation on a professional
development activity undertaken by the regulated member to other regulated
members;
(c) attendance at a dentistry‑related
study club;
(d) receipt of a fellowship by examination;
(e) successful completion of an examination;
(f) completion of a graduate or postgraduate
specialty program;
(g) presentation of a research paper or abstract
at a scientific meeting;
(h) publication of a research paper in a peer‑refereed
journal;
(i) attendance at professional development
sessions or activities;
(j) attendance at professional development
sessions on dental‑clinical practice issues;
(k) undertaking research and innovation projects
that extend beyond the member’s
immediate practice;
(l) self‑directed study;
(m) other activities approved by Council, the
Registrar or the Competence Committee.
Program rules
17(1) The
Registrar or the Competence Committee may recommend to the Council
(a) rules governing the program credits that may
be earned for each professional activity,
(b) rules governing the type and category of
professional activities that a regulated member must undertake in a 2‑year
period,
(c) rules limiting the number of professional
development activities within a specific category for which a member may earn
credits, and
(d) other rules as required governing the
continuing competency program.
(2) The rules recommended
under subsection (1) and any recommended amendments to those rules must be
distributed by the Registrar to all regulated members for their review.
(3) The Council may approve
rules and amendments to the rules reviewed under subsection (2).
Rule distribution
18 The rules and any
amendments to the rules approved under section 17 must be made available by the
Registrar to the public, the Minister of Health and Wellness, regional health
authorities and any person who requests them.
Practice visits
19(1) The
Competence Committee is authorized to carry out practice visits and may, for
the purpose of assessing continuing competence, select individual regulated
members or groups of regulated members for a practice visit.
(2) The criteria for
selecting members for review must be developed by the Competence Committee and
approved by the Council.
Actions to be taken
20 If the results of
a practice visit are unsatisfactory, the Competence Committee may direct a
regulated member or a group of regulated members to undertake one or more of
the following actions:
(a) completion of specific continuing competence
requirements or professional development activities within a specified time;
(b) completion of any examinations, testing,
assessment, training, education or counselling;
(c) a requirement to practice under the
supervision of another regulated member for a specified period of time;
(d) a requirement that the regulated member or
group of regulated members limit their practice to specified procedures or
practice settings;
(e) a requirement for the regulated member or
group of regulated members to report to the committee on specified matters on
specified dates;
(f) that the regulated member or group of
regulated members be prohibited from supervising other dentists or dental
students;
(g) that the regulated member or group of
regulated members correct any problems identified in the practice visit.
Alternative
Complaint Resolution
Process
conductor
21 When a
complainant and an investigated person have agreed to enter into an alternative
complaint resolution process, the Complaints Director must appoint an
individual to conduct the alternative complaint resolution process.
Agreement
22 The person conducting
the alternative complaint resolution process must in consultation with the
complainant and the investigated person establish the procedures for and
objectives of the alternative complaint resolution process, which must be set
out in writing and signed by the complainant, the investigated person and the
representative of the College.
Confidentiality
23 The complainant
and the investigated person must, subject to section 59 of the Act, agree to
treat all information shared during the process as confidential.
Leaving the process
24 The complainant
and the investigated person may withdraw from the alternative complaint
resolution process at any time.
Reinstatement
5‑year
limitation
25 A person whose
registration or practice permit is cancelled under Part 4 of the Act may apply
to the Registrar for reinstatement 5 or more years after the date of
cancellation.
Hearing date
26(1) The
Reinstatement Review Committee must hold a reinstatement hearing regarding the
application for reinstatement within 90 days of receipt of the application by
the Registrar under section 25.
(2) The Registrar must
provide to the person making the application, at least 30 days before the date
of the reinstatement hearing, written notice of the time and place of the
hearing.
Reinstatement Review Committee
27 On receipt of an
application under section 26, the Registrar must notify the Hearings Director
and the Hearings Director must appoint 3 regulated members who are not members
of the Registration Committee or of the Council, as members of a Reinstatement
Review Committee.
Hearing
28(1) The
reinstatement hearing is open to the public unless the Reinstatement Review
Committee determines on its own motion or on application by any person that the
reinstatement hearing or part of it should be in private because
(a) of probable prejudice to a civil action or a
prosecution of an offence,
(b) of concern for the safety of the person or
the public,
(c) the non‑disclosure of a person’s
confidential, personal, property acquisition or financial information outweighs
the desirability of having the reinstatement hearing open to the public, or
(d) of other reasons satisfactory to the
Reinstatement Review Committee.
(2) The applicant must
present evidence of the actions taken since the cancellation.
(3) The Registrar or a
person that the Registrar designates may appear at the reinstatement hearing on
behalf of the College to present evidence, including a copy of the decision and
of the record of the hearing at which the applicant’s registration and practice
permit were cancelled, and to make submissions respecting the application.
(4) If a person is
designated under subsection (3), the Registrar must inform the applicant of the
person’s name at least 30 days before the date of the reinstatement hearing.
(5) The following may be
represented by legal counsel at the reinstatement hearing:
(a) the Reinstatement Review Committee hearing
the application;
(b) the applicant;
(c) the Registrar or a person designated under
subsection (3).
(6) Evidence may be given
before the Reinstatement Review Committee in any manner that it considers
appropriate and it is not bound by the rules of law respecting evidence
applicable to judicial hearings.
Deliberations
29 In determining
whether or not an application should be approved, the Reinstatement Review
Committee must
(a) consider
(i) the record of the hearing at which the
applicant’s registration and practice permit were cancelled, and
(ii) the evidence presented at the hearing,
and
(b) be satisfied that
(i) the applicant meets the current requirements
for registration,
(ii) any conditions imposed at the time the
applicant’s permit and registration were cancelled have been met, and
(iii) the applicant is fit to practice dentistry
and does not pose a risk to public safety.
Decision
30(1) The
Reinstatement Review Committee must, within 60 days after the conclusion of a
reinstatement hearing, issue a written decision containing one or more of the
following orders:
(a) an order denying the application;
(b) an order directing the Registrar to
reinstate the person’s registration and practice permit if the person is
eligible for registration as a regulated member in a register referred to in
section 2;
(c) an order directing the Registrar to impose
specified terms and conditions on the person’s practice permit;
(d) an order directing the person making the
application to pay any or all of the College’s expenses incurred in respect of
the application, as calculated in accordance with the by‑laws.
(2) The Reinstatement
Review Committee must provide reasons for any of its orders in its written
decision and its decision is final.
Access to decision
31(1) The
Reinstatement Review Committee may order that its decision be publicized in a
manner it considers appropriate.
(2) The College must make
the decision of the Reinstatement Review Committee available for 10 years to
the public on request.
Information
Providing
information
32(1) A regulated
member must provide the following information at the request of the Registrar
in addition to that required under section 33(3) of the Act:
(a) home address, mailing address and business
address;
(b) a passport‑type photograph;
(c) year of registration;
(d) degrees and other qualifications, including
specialization;
(e) school of graduation;
(f) year of graduation;
(g) date of birth and gender;
(h) date of retirement.
(2) Subject to section
34(1) of the Act, the College may release the information collected under
subsection (1) only
(a) with the consent of the regulated member
whose information it is, or
(b) in a summarized or statistical form so that
it is not possible to relate the information to any particular identifiable
person.
Correcting information
33 The Registrar may
correct or remove any information in the register if the Registrar determines
it is incorrect or inaccurate.
Section 119 information
34 The Council must
provide, under section 119 of the Act, the information referred to in section
119(4) of the Act for 5 years.
Information made available
35 The Council must
provide
(a) information on a practice permit for 2 years
after a regulated member was last granted a practice permit,
(b) information from the record of a
disciplinary hearing for 5 years after completion of a hearing by the Hearing
Tribunal, and
(c) information as to whether a hearing is
scheduled to be held or has been held under Part 4 of the Act with respect to a
named regulated member until the
hearing is completed.
Transitional
Provisions, Repeals
and Coming into Force
Transitional
provisions
36 On the coming
into force of this Regulation, a registered member described in section 6 of
Schedule 7 of the Act is deemed to be entered on the regulated member register
in the register category that the Registrar considers appropriate.
Repeal
37 The Dental Profession Regulation
(AR 328/84) is repealed.
Coming into force
38 This Regulation
comes into force on the coming into force of Schedule 7 of the Health Professions Act.
