2nd Session, 55th General Assembly
Nova Scotia
41 Elizabeth II, 1992
An Act Respecting Dentistry
CHAPTER 3
ACTS OF 1992
The Honourable George C. Moody
Minister of Health and Fitness
AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
30TH JUNE, 1992
Halifax
Printed by Queen's Printer for Nova Scotia
An Act Respecting Dentistry
Be it enacted by the Governor and Assembly as follows:
1. This Act may be cited as the Dental Act.
2. In this Act,
(a) "Assistants Association" means the Nova Scotia Dental Assistants Association;
(b) "Assistants' Register" means the Register of Dental Assistants established and maintained by the Registrar pursuant to this Act;
(c) "Board" means the Provincial Dental Board of Nova Scotia;
(d) "by-law" means, except where the context otherwise requires, a by-law of the Dental Association;
(e) "Dental Association" means the Nova Scotia Dental Association;
(f) "dentistry" means the services usually performed by or under the supervision of a dentist and includes
(i) the diagnosis and treatment of any injury, disease, pain, deformity, defect, lesion, disorder or physical condition of, to, in or from a human mouth, mandible or maxilla or associated structures or tissues, including the prescribing and administering of radiographs, anesthetics, drugs and medicines in connection therewith,
(ii) prescribing or advising the use of, or constructing, fitting or repairing any dental prosthesis, fixed or removable, denture, bridge, or appliance for any of the purposes indicated in sub clause (i) or to replace, improve or supplement a human tooth, or to prevent, alleviate, correct or improve any condition in the human oral cavity, or to be used in, upon or in connection with a human tooth, jaw or associated structure or tissues, or in the treatment of any condition thereof, and;
(iii) taking or making, or the giving of advice or assistance, or the providing of facilities for the taking or making of any impression, bite or cast and design preparatory to constructing, fitting or repairing a dental prosthesis, fixed or removable, denture, bridge, appliance or thing;
(g) "Dentists' Register" means the Register of Dentists established and maintained by the Registrar pursuant to this Act;
(h) "Executive Director" means the Executive Director of the Dental Association;
(i) "Hygienists Association" means the Nova Scotia Dental Hygienists Association;
(j) "Hygienists' Register" means the Register of Dental Hygienists established and maintained by the Registrar pursuant to this Act;
(k) "licensed dental assistant" means a dental assistant whose name has been registered in the Assistants' Register and who holds a current license issued pursuant to this Act to engage in the practice of dental assisting;
(l) "licensed dental hygienist" means a dental hygienist whose name has been registered in the Hygienists' Register and who holds a current license issued pursuant to this Act to engage in the practice of dental hygiene;
(m) "licensed dentist" means a dentist whose name has been registered in the Dentists' Register pursuant to this Act and who holds a current license issued pursuant to this Act to engage in the practice of dentistry;
(n) "Registrar" means the Registrar of The Board;
(o) "regulation" means a regulation of The Board.
3. (1) No person shall engage in the practice of dentistry unless that person is a licensed dentist.
(2) This Section does not apply to
(a) work, service, advice or assistance that, by the regulations, constitutes part of dental hygiene and that is undertaken, performed or given by a licensed dental hygienist;
(i) under the supervision of a licensed dentist, or
(ii) with written permission given by The Board pursuant to subsection (2) of Section 17;
(b) work, service, advice or assistance that, by the regulations, constitutes part of dental assisting and that is undertaken, performed or given by a licensed dental assistant;
(i) under the supervision of licensed dentist, or
(ii) with written permission given by The Board pursuant to subsection (2) of Section 17;
(c) work, service, advice or assistance in connection with the manufacturing or repairing of any prosthetic denture, bridge, appliance or device to be used in, upon or in connection with a human tooth, jaw or associated structure or tissue, or in the treatment of any condition thereof, performed or given by a person pursuant to a written prescription of a licensed dentist and by the use of a design, impression or cast furnished by a licensed dentist, with such written prescription, where a design, impression or cast is necessary;
(d) a person by reason only of being engaged, as a student, in a program approved by The Board;
(e) a person by reason only of demonstrating clinical operations for educational purposes, having been authorized, in writing, by The Board pursuant to subsection (2) of Section 17 to do so; or
(f) a duly qualified medical practitioner.
4. Except as permitted by this Act and the regulations, no corporation shall engage in the practice of dentistry and no dentist, directly or indirectly, shall assist or be employed by a corporation for the purposes of engaging in the practice of dentistry.
5. No person shall, either directly or indirectly, purport to be a specialist in a branch of dentistry unless that person is licensed in accordance with the regulations as a specialist in that branch of dentistry.
6. (1) The Dental Association of the Province of Nova Scotia is hereby continued under the name "Nova Scotia Dental Association".
(2) The membership of the Dental Association consists of
(a) each person who, immediately before the coming into force of this Act, was a member of the Dental Association of the Province of Nova Scotia; and
(b) each person who becomes a member of the Dental Association pursuant to the by-laws,
as long as that person remains a member of the Dental Association.
7. The objects of the Dental Association are to
(a) advance the art and science of dentistry;
(b) inform and educate the general public with respect to the advantages and maintenance of good oral health;
(c) initiate and sustain measures designed to improve the oral health of the public;
(d) hold meetings, clinics and seminars to increase the knowledge and abilities of those engaged in dentistry in the Province;
(e) support publications for communication with and between members of the Dental Association;
(f) maintain communications with other health professions and with other health agencies, both public and private;
(g) promote the welfare of its members.
8. The Dental Association may
(a) buy, sell, mortgage, lease or otherwise deal with real or personal property;
(b) manage the business and other activities of the Dental Association and invest funds of the Dental Association not immediately required;
(c) determine its annual membership fees;
(d) publish journals and other publications to advance the objects of the Dental Association;
(e) elect or appoint members to serve as representatives of the Dental Association at or on national, regional or local associations or groups;
(f) negotiate on behalf of its members with persons or agencies, including government agencies, in matters respecting the practice of dentistry;
(g) assist individual members in matters respecting the practice of dentistry;
(h) make by-laws not inconsistent with this Act or any provision of law for the conduct and management of its affairs, including, without restricting the generality of the foregoing, by-laws respecting membership in the Dental Association, including membership of persons who are not licensed dentists;
(i) exercise such powers as are necessary or conducive to achieve its objects and exercise its powers.
9. (1) There shall be an Executive Director of the Dental Association.
(2) The Executive Director is appointed by the Dental Association upon such terms and conditions of employment and for such term of office as the Dental Association determines.
(3) The Executive Director has such functions and duties as are imposed on the Executive Director by this Act and the by-laws.
10. (1) Every licensed dentist shall remit annually the membership fees to the Executive Director on or before such date as is prescribed by the by-laws.
(2) The Executive Director shall notify the Registrar of the names of the dentists who have not paid the annual membership fees by the date prescribed by the by-laws.
(3) Upon payment by a dentist of the arrears of annual membership fees and a reinstatement fee as determined by the by-laws, the Executive Director shall so notify the Registrar.
11. (1) The Dental Association shall elect, in the manner set forth in the by-laws, an Executive Committee from among its members in good standing.
(2) The Executive Committee shall carry on the general management of the business and other activities of the Dental Association in accordance with this Act and the by-laws and has such functions and duties as are imposed on it by this Act and the by-laws.
12. (1) The Dental Association shall hold an annual meeting in each calendar year and shall hold other general meetings in accordance with the by-laws.
(2) The Executive Committee shall determine the time and place of the meetings of the Dental Association.
(3) Thirty members of the Dental Association constitute a quorum.
13. (1) The Provincial Dental Board of Nova Scotia is hereby established.
(2) The Board consists of
(a) three members of the Dental Association appointed by the Governor in Council, each of whom is, and has been, for at least five years, licensed to engage in the practice of dentistry in the Province, as long as that person remains so licensed during that person's term of office;
(b) five members of the Dental Association appointed by the Dental Association, each of whom is, and has been, for at least five years, licensed to engage in the practice of dentistry in the Province, as long as that person is so licensed during that person's term of office;
(c) one member of the Hygienists Association appointed by the Governor in Council who is, and has been, for at least five years, licensed to engage in the practice of dental hygiene in the Province, as long as that person remains so licensed during that person's term of office;
(d) one member of the Hygienists Association appointed by the Hygienists Association who is, and has been, for at least five years, licensed to engage in the practice of dental hygiene in the Province, as long as that person remains so licensed during that person's term of office;
(e) one members of the Assistants Association appointed by the Governor in Council who is and has been, for at least five years, licensed to engaged in the practice of dental assisting in the Province, as long as that person remains so licensed during that person's term of office;
(f) one member of the Assistants Association appointed by the Assistants Association who is and has been, for at least five years, licensed to engage in the practice of dental assisting in the Province, as long as that person remains so licensed during that person's term of office; and
(g) two persons appointed by the Governor in Council, each of whom is not a member of an association referred to in clause (a), (b), (c), (d), (e) or (f).
14. (1) A member of The Board holds office for a three-year term and is eligible for re-appointment for two additional consecutive terms of three years each.
(2) A member of The Board may resign by written notice to the Registrar.
(3) The Registrar shall notify the body that appointed the member of the resignation and request that body to appoint pursuant to Section 13 a person to serve on The Board.
15. The Board shall elect a Chair and a Vice-chair from amongst its members.
16. (1) The Board may make such rules as are necessary for the calling and conduct for its meetings.
(2) Nine members of The Board constitute a quorum.
17. (1) The Board shall
(a) represent and protect the interests of the general public in matters relating to the practice of dentistry;
(b) establish the educational requirements for registration and licensing for the practice of dentistry, dental hygiene and dental assisting;
(c) approve clinical training programs for students in dentistry, dental hygiene and dental assisting;
(d) prescribe examinations, where necessary, to ascertain the qualifications of persons seeking to be registered and licensed to engage in the practice of dentistry, dental hygiene or dental assisting;
(e) establish a Discipline Committee;
(f) hear appeals from decisions of the Discipline Committee;
(g) hear appeals from decisions of the Registrar respecting licensing, registration or otherwise relating to entries on the Dentists' Register, Hygienists' Register and Assistants' Register;
(h) provide annually a report, including a financial statement, to the Minister of Health and Fitness;
(i) determine the registration fees and the annual licensing fees for dentists, dental hygienists and dental assistants; and
(j) carry out such other duties as are imposed upon it by this Act.
(2) The Board may grant
(a) permission to a licensed dental hygienist to undertake, perform or give work, service, advice or assistance that, by regulations, constitutes part of the practice of dental hygiene and is not undertaken, performed or given under the supervision of a dentist;
(b) permission to a licensed dental assistant to undertake, perform or give work, service, advice or assistance that, by the regulations, constitutes part of the practice of dental assisting and is not undertaken, performed or given under the supervision of a dentist;
(c) authorization to a person for demonstrating clinical operations for educational purposes.
18. The books and accounts of The Board shall, at all reasonable times, be open for examination by any licensed dentist, licensed dental hygienist or licensed dental assistant.
19. The Board shall appoint a dentist as Registrar of The Board and shall determine the Registrar's salary which shall be paid out of the money received by The Board pursuant to this Act.
20. The Registrar shall
(a) examine the credentials of candidates for registration and licensing and approve for registration and licensing those candidates qualified to be licensed and registered;
(b) issue certificates of registration and licenses on behalf of The Board;
(c) subject to the direction of The Board, maintain all registers in accordance with this Act and the regulations;
(d) issue permits to corporations pursuant to the regulations;
(e) collect all fees due to The Board;
(f) serve as an ex officio member of The Board;
(g) maintain records of The Board's proceedings;
(h) investigate complaints respecting dentists, dental hygienists and dental assistants;
(i) initiate dispute mediation in appropriate circumstances;
(j) retain and instruct counsel with respect to matters that proceed to the Discipline Committee;
(k) report to The Board as and when necessary;
(l) carry out such duties as are imposed on the Registrar by this Act or the regulations or as are directed by The Board.
21. (1) There is hereby established
(a) the Register of Dentists;
(b) the Register of Dental Hygienists; and
(c) the Register of Dental Assistants.
(2) Upon approving the registration of a person and upon the payment of all prescribed fees, the Registrar shall enter the name of that person in the applicable register and issue to that person a certificate of registration.
(3) The Registrar shall from time to time make such alterations as are necessary to update the registers in accordance with this Act and the regulations.
(4) The Registrar shall strike the names of all registered persons who have died or who are to be struck from the register in accordance with this Act and the regulations.
(5) The name of a person struck from a register may be reinstated where the Registrar is satisfied that the person is entitled to be registered.
(6) All of the registers shall be open to inspection without charge by any person at reasonable times during normal business hours.
22. Every dentist, dental hygienist and dental assistant applying to be registered in the applicable register shall remit to the Registrar the applicable registration fee determined by The Board.
23. A person registered pursuant to this Act who has obtained a degree or qualification relating to dentistry, other than a degree required to qualify that person for registration, is entitled to have the degree or additional qualification entered in the applicable register in substitution for, or in addition to, the qualifications previously registered upon satisfying the Registrar that the person is entitled to that qualification and upon payment of such fees as The Board determines.
24. (1) Every dentist, dental hygienist or dental assistant applying for a license to engage in the practice of dentistry, dental hygiene or dental assisting, respectively, for the ensuing year shall remit the applicable annual licensing fee to the Registrar on or before the date prescribed by the regulations.
(2) The name of a person who has not paid the annual licensing fees for the year or met the other requirements for the issue of an annual license on or before the date prescribed by the regulations or who does not at any time meet the other requirements for the issue of a license shall be struck from the applicable register but the name may be re-entered in the register upon
(a) payment of a reinstatement fee as determined by The Board;
(b) all the requirements for the issue of an annual license being met; and
(c) where the person does not give prior written notice to The Board that the person does not intend to renew that person's license, payment of the arrears of licensing fees,
if the person is otherwise still eligible to have the name so entered.
(3) The Board may, in a court of competent jurisdiction, recover as a private debt money owed to it.
25. (1) Subject to subsection (2), the Registrar shall annually issue a license to engage in the practice of dentistry to a person who
(a) is registered in the Dentists' Register
(b) has paid the membership fees of the Dental Association for the current year;
(c) pays the annual licensing fee for the ensuing year on or before such date as is prescribed by the regulations;
(d) meets the educational requirements and other qualifications set out in the regulations;
(e) provides the Registrar with a statement signed by that person indicating whether or not that person has been engaged in the practice of dentistry within the preceding twelve months;
(f) has complied with any restrictions, conditions or limitations imposed upon that person by The Board or the Discipline Committee pursuant to this Act or the regulations; and
(g) meets any other requirements of The Board.
(2) Where a person ceases to be engaged in the practice of dentistry for the time prescribed by the regulations, the Registrar shall not issue to that person a license to engage in the practice of dentistry unless and until that person passes examinations and meets any other requirements prescribed by The Board.
(3) The Registrar shall strike from the Dentists' Register the name of a dentist who does not pass the examinations or meet the requirements referred to in subsection (2).
(4) The Registrar shall re-enter a person's name in the Dentists' Register and restore the person's license upon that person passing the examinations prescribed by The Board and upon fulfilling any other requirements of The Board.
26. (1) Subject to subsection (2), the Registrar shall annually issue a license to engage in the practice of dental hygiene to a person who
(a) is registered in the Hygienists' Register;
(b) has paid the membership fees of the Hygienists Association for the current year;
(c) pays the annual licensing fee for the ensuing year on or before the date prescribed by the regulations;
(d) meets the educational requirements and other qualifications prescribed by in the regulations;
(e) provides the Registrar with a statement signed by that person indicating whether or not that person has been engaged in the practice of dental hygiene within the preceding twelve months;
(f) has complied with any restrictions, conditions or limitations imposed upon that person by The Board or the Discipline Committee pursuant to this Act or the regulations;
(g) meets any other requirements of The Board.
(2) Where a person ceases to be engaged in the practice of dental hygiene for the time prescribed by the regulations, the Registrar shall not issue to that person a license to engage in the practice of dental hygiene unless and until that person passes examinations prescribed by The Board and meets any other requirements imposed by The Board.
(3) The Registrar shall strike from the Hygienists' Register the name of a person who does not pass the examinations or meet the other requirements referred to in subsection (2).
(4) The Registrar shall re-enter a person's name in the Hygienists' Register and restore the person's license upon that person passing the examinations prescribed by The Board and upon fulfilling any other requirements of The Board.
27. (1) Subject to subsection (2), the Registrar shall annually issue a license to engage in the practice of dental assisting to a person who
(a) is registered in the Assistants' Register;
(b) has paid the membership fees of the Assistants Association for the current year;
(c) pays the annual licensing fee for the ensuing year on or before such date as is prescribed by the regulations;
(d) meets the educational requirements and other qualifications set out in the regulations;
(e) provides the Registrar with a statement signed by that person indicating whether or not that person has been engaged in the practice of dental assisting within the preceding twelve months;
(f) has complied with any restrictions, conditions or limitations imposed upon that person by The Board or the Discipline Committee pursuant to this Act or the regulations; and
(g) meets any other requirements of The Board.
(2) Where a person ceases to be engaged in the practice of dental assisting for the time prescribed by the regulations, the Registrar shall not issue to that person a license to engage in the practice of dental assisting unless and until that person passes examinations prescribed by The Board and meets any other requirements imposed by The Board.
(3) The Registrar shall strike from the Assistants' Register the name of a person who does not pass the examinations or meet the requirements referred to in subsection (2).
(4) The Registrar shall re-enter a person's name in the Assistants' Register and restore the person's license upon that person passing the examinations prescribed by The Board and upon fulfilling any other requirements of The Board.
28. Every license shall be sealed with the seal of The Board and signed by the Registrar.
29. A license is prima facie proof, for all purposes and in any action, proceeding or prosecution, that the person named therein is qualified to engage in the practice of dentistry, dental hygiene or dental assisting, as the case may be, during the time indicated on the license.
30. A person who makes a false representation in an application for registration or licensing shall be struck from the applicable register.
31. (1) A person who is dissatisfied with a decision of the Registrar respecting registration, licensing or otherwise relating to entries in any of the registers may appeal from the decision to The Board.
(2) Where an appeal is taken pursuant to subsection (1), The Board may reverse, uphold or vary the decision of the Registrar.
32. (1) The Registrar, or a licensed dentist appointed by the Registrar, may enter, without notice and at all reasonable times, premises where dentistry is practiced to inspect and assess the quality of the dental practice.
(2) No person shall obstruct a person in exercising the powers conferred upon that person by this Section.
(3) The Registrar or inspector shall make a report setting out the findings of an inspection together with any recommendations and the report shall be sent by the Registrar to each dentist whose premises are inspected.
33. (1) The Board may, subject to subsection (2), make regulations
(a) constituting a Discipline Committee to hear charges relating to dentists, dental hygienists and dental assistants respecting
(i) unprofessional conduct,
(ii) infamous conduct,
(iii) breaches of the standards of ethics, conduct, competence and proficiency as established by the regulations,
(iv) breaches of the advertising standards established by the regulations;
(b) prescribing procedures for disciplinary proceedings;
(c) prescribing the sanctions that may be imposed on a dentist, dental hygienist or dental assistant against whom a finding is made with respect to any of the matters referred to in clause (a) which sanctions may include
(i) suspension or cancellation of a certificate of registration or annual license with or without conditions,
(ii) requiring a person to successfully complete a course or program of education or training prescribed by the Discipline Committee,
(iii) requiring a person to pass an examination prescribed by the Discipline Committee,
(iv) a reprimand,
(v) requiring a person to pay all or part of the costs of the disciplinary proceeding;
(d) respecting the publication of decisions of the Discipline Committee or The Board;
(e) respecting the procedure and powers of The Board on appeals from the Discipline Committee.
(2) A regulation is ineffective unless and until it is approved by the Governor in Council.
34. (1) In urgent and compelling circumstances, the Registrar may, in the interests of the public, suspend the license of a dentist, dental hygienist or dental assistant.
(2) Where a license is suspended pursuant to subsection (1), the Registrar shall immediately file a charge with the Discipline Committee which shall hold a hearing within thirty days after the charge is filed, unless the dentist, dental hygienist or dental assistant, as the case may be, requests a hearing date that is more than thirty days after the charge is filed.
35. The jurisdiction of the Discipline Committee or The Board to deal with a charge against a person is not affected by the failure to renew the annual license or by the fact that a person's name is no longer on the applicable register.
36. (1) The Discipline Committee may determine whether or not a finding or order against a person shall be recorded in the applicable register and the length of time during which the record remains in the register.
(2) A person against whom a finding or order is made by the Discipline Committee may apply to the Discipline Committee to have the record of the finding or order removed from the applicable register.
37. The Board, upon application, may order that the registration or licensing of a dentist, dental hygienist or dental assistant be restored upon such terms and conditions as The Board orders.
38. (1) a finding or order of the Discipline Committee may be appealed to The Board within thirty days after the decision or order is served upon the person to whom the finding or order relates.
(2) The appeal shall be made to and heard by The Board in accordance with the regulations.
(3) Where an appeal is taken pursuant to subsection (1), The Board may confirm, reverse or vary the finding or order to which the appeal relates.
39. (1) A finding or order of The Board may, within thirty days after the order or decision is served upon the person to whom the finding or order relates, be appealed on a question of law or jurisdiction to the Trial Division of the Supreme Court.
(2) The Court may confirm or vary the order or decision of The Board or refer the matter back to The Board with directions.
(3) The Court may make an order respecting costs of any appeal.
40. (1) Subject to subsections (2) and (3), a corporation may engage in dentistry in accordance with the regulations.
(2) A majority of the voting shares of a corporation engaged in the practice of dentistry shall be beneficially owned by one or more licensed dentists.
(3) The majority of the directors and officers of a corporation engaged in the practice of dentistry shall be licensed dentists.
41. (1) The relationship of a dentist, dental hygienist or dental assistant to a corporation that is engaged in the practice of dentistry, whether as a shareholder, director, officer, or employee, does not affect, modify or diminish the application to the dentist, dental hygienist or dental assistant of the provisions of this Act and the regulations.
(2) The liability of an individual arising from that individual or any other individual engaging in the practice of dentistry, dental hygiene or dental assisting is not affected by reason only that the services are provided by a corporation.
42. (1) Nothing contained in this Act affects, modifies or limits a law applicable to the confidential or ethical relationships between a dentist, dental hygienist or dental assistant and patient.
(2) The relationship between a corporation engaged in the practice of dentistry and a person receiving the professional services of the corporation is subject to all applicable laws relating to the confidential and ethical relationship between a dentist and the dentist's patient.
(3) All rights and obligations respecting communications made to, or information received by a person who is a dentist, dental hygienist or dental assistant apply to that person notwithstanding that the person is a shareholder, director, officer or employee of a corporation engaged in dentistry.
43. (1) The members of The Board and the Discipline Committee have all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.
(2) The Registrar, when performing the powers and duties of the Registrar pursuant to this Act, and a person appointed by the Registrar pursuant to Section 32 when performing that person's functions pursuant to that Section, have all the privileges and immunities of a commissioner appointed pursuant to the Public Inquirires Act..
44. (1) The Registrar, a person entitled to enter premises pursuant to Section 32 and each member of The Board or the Discipline Committee, shall preserve the secrecy of all matters that have come to the Registrar's, that person's or that member's, as the case may be, knowledge in the course of carrying out any duty, performing any function or exercising any power pursuant to this Act and shall not communicate any such matters to any other person except
(a) as may be required in connection with the administration of or any proceedings pursuant to this Act or the regulations; or
(b) with the consent of each person to whom the information relates.
(2) No person is required to give testimony in any civil suit or proceeding with regard to information obtained in the course of carrying out any duty, performing any function or exercising any power except in a proceeding pursuant to this Act or the regulations.
45. (1) Subject to subsections (2) and (3), The Board may make regulations
(a) prescribing the qualifications for registration and licensing to engage in the practice of dentistry, dental hygiene and dental assisting;
(b) prescribing the dates on or before which licensing fees shall be paid;
(c) providing for examinations to determine the qualifications of candidates for registration and licensing to engage in the practice of dentistry, dental hygiene and dental assisting;
(d) prescribing the minimum periods of time during which a person must engage in the practice of dentistry, dental hygiene or dental assisting to qualify for annual license renewal;
(e) providing for the maintenance of various registers including the form, contents and publication of the registers;
(f) prescribing forms to carry out the procedures pursuant to this Act and regulations;
(g) regulating the provision of dental services by dental hygienists and dental assistants, including prescribing the functions of dentistry that constitute the practice of dental hygiene and dental assisting and the conditions under which dental hygienists and dental assistants may engage in those functions;
(h) prescribing the standards of ethics, conduct, competence and proficiency to be maintained by dentists, dental hygienists and dental assistants;
(i) defining what constitutes unprofessional conduct and infamous conduct by dentists, dental hygienists and dental assistants;
(j) providing for mandatory continuing education for dentists, dental hygienists and dental assistants;
(k) prescribing advertising standards to be observed by dentists;
(l) establishing, prescribing and regulating mandatory malpractice insurance for licensed dentists;
(m) regulating the provision of dental services through corporations;
(n) defining specialties within dentistry;
(o) establishing and regulating the qualifications and the conditions that must be met for licensing as a specialist;
(p) providing for the use, regulation and prohibition of terms, titles or designations by specialists;
(q) providing for the suspension or revocation of the license of a specialist;
(r) that are generally necessary to carry into effect the provisions of this Act.
(2) Where a proposed regulation may affect the members of the Dental Association, the Hygienists Association or the Assistants Association, The Board shall consult with that association.
(3) A regulation is ineffective unless and until it is approved by the Governor in Council.
46. Every person who is not a licensed dentist and who willfully or falsely misleads another person to believe that that person is licensed pursuant to this Act to engage in the practice of dentistry is guilty of an offense.
47. Every person who employs or otherwise engages a person who engages in the practice of dentistry and is not a licensed dentist or a person exempted from Section 3 by subsection (2) thereof is guilty of an offense except that a person does not contravene this Section by reason only of being a patient of the unlicensed person.
48. Where a corporation commits an offense contrary to this Act, every person who, at the time of the commission of the offense, was a director or officer of the corporation is guilty of the same offense unless the act or omission constituting the offense took place without the person's knowledge or consent or the person exercised all due diligence to prevent the commission of the offense.
49. A person who contravenes or fails to comply with this Act or a regulation or an order made pursuant to this Act is guilty of an offense punishable on summary conviction.
50. (1) A person who is guilty of an offense contrary to this Act is liable
(a) for the first offense, to a penalty not exceeding five hundred dollars;
(b) for the second offense, to a penalty not exceeding one thousand dollars;
(c) for every subsequent offense, to a penalty not exceeding three thousand dollars.
(2) Every day on which an offense occurs or continues is a separate offense.
51. Nothing in this Act prevents a person from giving necessary aid to anyone in urgent need provided that such aid or attendance is not given for hire or gain, nor the giving of it made a business or way of gaining a livelihood by such person.
52. (1) In this Section, "former Act" means Chapter 125 of the Revised Statutes, 1989, the Dental Act.
(2) An application for registration or for a license that was made pursuant to the former Act but not completely dealt with pursuant to the former Act prior to the coming into force of this Act shall be dealt with pursuant to the former Act as if this Act were not in force.
(3) Regulations made pursuant to the former Act continue in full force and effect and to the same extent as if made pursuant to this Act until they are revoked and replaced by regulations made pursuant to this Act.
(4) A person registered and licensed as a dentist, dental hygienist or dental assistant pursuant to the former Act and regulations made thereunder on the day immediately before the day on which this Act comes into force continue to be registered and licensed as if they were registered and licensed pursuant to this Act.
(5) Every member of the Dental Association and the Executive Committee of the Association on the day immediately before this Act comes into force continue as a member of the Association or a member of the Executive Committee, respectively.
(6) The members of The Board appointed pursuant to the former Act are deemed to be members of The Board pursuant to this Act and the additional members of The Board pursuant to this Act shall begin to serve once all have been appointed.
(7) Any discipline proceedings that were commenced but not concluded before the coming into force of this Act shall be dealt with pursuant to the former Act as though this Act had not come into force.
(8) Any discipline proceedings commenced after the coming into force of this Act when the proceedings relate to conduct occurring all or partly before the coming into force of this Act shall be dealt with pursuant to this Act.
(9) Any order of the Discipline Committee or The Board made pursuant to the former Act continue in full force and effect as though this Act had not come into force.
53. Said Chapter 125 is repealed.
54. (1) A reference in any enactment or any document, including any deed, lease, will, trust or indenture to the Dental Association of the Province of Nova Scotia shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to the Nova Scotia Dental Association.
(2) No rights, duties, obligations or liabilities of the Dental Association of the Province of Nova Scotia are in anywise affected by the change of name made by this Act and those rights, duties, obligations and liabilities continue to be vested in and are binding upon it by the name "Nova Scotia Dental Association".
55. This Act comes into force on and not before such day as the Governor in Council orders and declares by proclamation.
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