Act 51 Dental Act 1971
Act 51 Dental Act 1971
Act 51 Dental Act 1971
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LAWS OF MALAYSIA
REPRINT
Act 51
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION , MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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PREVIOUS REPRINTS
First Reprint … … … … … 1993
Second Reprint … … … … 1999
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LAWS OF MALAYSIA
Act 51
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
THE MALAYSIAN DENTAL COUNCIL
3. Establishment and composition of the Council
4. Duties and powers of the Council
5. Public Authorities Protection
6. Public servants
7. Application of First Schedule
8. Power of the Minister to issue directions
9. Returns
PART III
REGISTRATION OF DENTAL PRACTITIONERS:
PRACTICE OF DENTISTRY
10. Registrar
11. Malaysian Dental Register
12. Persons entitled to be registered as dental surgeons
13. Persons entitled to be registered as dentists
14. Temporary practising certificate
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Section
PART IV
DISCIPLINARY PROCEEDINGS
32. Disciplinary jurisdiction of the Council
33. Disciplinary punishments
34. Appeal against order or decision of the Council
PART V
GENERAL
35. Fraudulent registration
36. Offences
37. Prohibition of practice of dentistry by unregistered persons
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Section
38. Covering
39. Penalty for registered dentists falsely describing vocation
40. Prosecutions
41. Exemptions
42. General penalty
PART VI
REGULATIONS, SAVING AND REPEAL
43. Regulations
44. Saving
45. Repeal
PART VII
SUPPLEMENTARY PROVISIONS FOR
NATIONAL PURPOSES
46. Purpose, commencement and duration of this Part
47. Notice to registered person to serve as a dental officer in the public
services
48. Period of service in pursuance of a notice under subsection 47(1)
49. Power of Minister to grant reduction, exemption or postponement from
period of service under section 48
50. Minister may make rules
FIRST SCHEDULE
SECOND SCHEDULE
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LAWS OF MALAYSIA
Act 51
P ART I
PRELIMINARY
Short title
Interpretation
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PART II
THE MALAYSIAN DENTAL COUNCIL
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(e) six dental surgeons from among the staff of the dental
faculties of the higher educational institutions in
Malaysia to be appointed by the Minister;
(ea) six dental surgeons to be appointed by the Minister;
(f) six dental surgeons resident in Peninsular Malaysia to
be elected by the dental surgeons resident in
Peninsular Malaysia;
(g) one dental surgeon resident in Sabah to be elected by
the dental surgeons resident in Sabah;
(h) one dental surgeon resident in Sarawak to be elected by
the dental surgeons resident in Sarawak;
(i) one dentist resident in Peninsular Malaysia to be
elected by the dentists resident in Peninsular
Malaysia; and
(j) one dentist resident in Sabah or Sarawak to be elected
by the dentists resident in Sabah or Sarawak.
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(c) if his name has at any time been struck off from the
Register.
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Public servants
7. (1) The First Schedule shall apply to the Council and the
proceedings thereof.
(2) The Minister may from time to time, after consulting the
Council, amend the First Schedule by order published in the
Gazette.
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Returns
9. The Council shall furnish the Minister with all such returns
and information with respect to its activities as he may from time
to time require.
PART III
REGISTRATION OF DENTAL PRACTITIONERS:
PRACTICE OF DENTISTRY
Registrar
10. (1) For the purposes of this Act there shall be a Registrar of
Dental Practitioners.
12. (1) Subject to the provisions of this Act and the regulations
thereunder, a person shall be entitled to be registered as a dental
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(2) The Minister may from time to time, after consulting the
Council, add to, delete from or amend the Second Schedule by
order published in the Gazette.
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13. (1) Subject to the provisions of this Act and the regulations
thereunder, a person shall be entitled to be registered as a dentist
under this Act upon application to the Registrar in the prescribed
form if—
(a) immediately before the coming into force of this Act
he was registered—
(i) as a dentist in division two of the register
maintained under the Registration of Dentists
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(2) Every person registered under this Act who obtains any
dental qualification other than the qualification by virtue of
which he was registered may apply to the Council to amend the
Register so far as it relates to the qualifications of that person,
and on any such application the Council shall, if satisfied that the
applicant is entitled to the qualification in respect of which the
application is made and that such qualification is of sufficient
standing to warrant its being entered in the Register, cause the
Register to be amended accordingly by the insertion therein of the
particulars of such qualification.
16. (1) Any person entitled to be registered under this Act may
apply to the Registrar for registration accordingly.
Restriction on registration
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Certificate of registration
18. (1) When a person has been registered, the Council shall
issue to him a certificate of registration in such form as may be
prescribed.
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20. (1) The Registrar shall as soon as may be after the first day
of January of every year prepare and publish in the Gazette a list
or lists of the names, addresses, qualifications, dates of the
qualifications and dates of registration of all persons to whom
annual practising certificates have been issued for that year.
(3) The absence of the name of any person from such list shall
be prima facie evidence that such person has not been issued with
an annual practising certificate and is not authorized to practise as
a registered person.
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22. Where the Council is satisfied that any person whose name
appears in the Register is deceased or is no longer practising
dentistry in Malaysia it shall make an endorsement accordingly
against his name in the Register.
Cessation of registration
(2) Any person who has ceased to be registered under this Act
by virtue of subsection (1) shall not again be registered unless he
satisfies the Council that his mental or physical condition, as the
case may be, warrants such registration.
24. (1) The Registrar shall, from time to time, insert in the
Register—
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(2) The Registrar shall, from time to time, strike off from the
Register the name of such person as under this Act is required to
be struck off.
25. (1) Every person whose name is for the time being borne on
the Register as registered under this Act shall be entitled,
according to his qualifications, to practise dentistry in accordance
with the provisions of this Act and to recover in due course of law
reasonable charges for professional aid, advice, visit, dental
operation or dental attendance and the value of any dental
appliances rendered, made or supplied by him to his patients,
provided that at the time of performing such act he had an annual
practising certificate in force.
Provided that this subsection shall not apply to any person who
is a fully registered medical practitioner under any written law
relating to the registration of medical practitioners.
Dental certificate
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Definition
28. (1) A body corporate may carry on the business of dentistry if—
(b) all the directors and the operating staff thereof are
registered dental practitioners.
(4) Nothing in this section shall prevent the doing of any act
or acts falling within the meaning of the practice of dentistry by
the operating staff of any hospital of any description (including
an institution for out-patients only or a dispensary or a clinic), or
of any dental school, which is approved for the purpose of this
section by the Council.
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to appoint inspectors for the purpose of this Act and to give such
inspectors authority, in writing—
(i) to enter and inspect any premises at any time which
are used or proposed to be used or in respect of which
there is reasonable cause to believe that they are being
used for the practice of dentistry; and
(ii) to inquire into and to report to the person or authority
by whom they were appointed on the conditions under
which dentistry is being or is proposed to be practised.
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P ART IV
DISCIPLINARY PROCEEDINGS
32. (1) The Council shall have disciplinary jurisdiction over all
persons registered under this Act.
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Disciplinary punishments
and may, in any case, make such order as the Council thinks fit
with regard to the payment of the costs of the Registrar and of any
complainant or of the registered person, and any costs awarded
may be recovered as a civil debt.
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(4) The Registrar shall publish in the Gazette the name of the
person removed from the Register or suspended from practice
under this section either—
(a) on the expiry of the period of one month laid down in
section 34, if that person does not enter an appeal
against the decision of the Council; or
(b) immediately after the decision of the High Court
upholding the decision of the Council if that person
enters an appeal against the decision of the Council, as
the case may be.
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(2) The decision of the High Court upon such appeal shall be
final.
Provided that the High Court shall not have power to hear any
appeal against an order made under section 33 unless notice of
such appeal is given within one month from the date of the
making of the order or where the proviso to subsection 33(2) is
applicable within one month of the service of the order as
described in that proviso.
PART V
GENERAL
Fraudulent registration
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Offences
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Covering
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Prosecutions
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Exemptions
41. (1) Nothing in the Act shall operate to prevent the practice
of medicine or surgery by a medical practitioner registered under
any written law relating to the registration of medical
practitioners.
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General penalty
42. (1) Any person guilty of an offence against this Act for
which no specific penalty is provided shall be liable on
conviction—
(a) in respect of a first offence to a fine not exceeding ten
thousand ringgit; and
(b) in respect of the second or subsequent offences to a
fine not exceeding twenty thousand ringgit or
imprisonment for a term not exceeding three years or
to both.
P ART VI
REGULATIONS, SAVING AND REPEAL
Regulations
43. (1) Subject to the provisions of this Act, the Council may,
with the approval of the Minister, make regulations to prescribe
anything which under this Act is required to be prescribed, and
generally to carry out the objects and purposes of this Act.
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Saving
44. (1) Every person who immediately before the coming into
force of this Act was—
(a) registered under the Registration of Dentists Ordinance
1948 of Peninsular Malaysia;
(b) registered under the Dentists Registration Ordinance
of Sarawak; or
(c) employed in Sabah by the Government of Malaysia or
the Government of the State of Sabah as a Dental
Officer,
and held one or more of the qualifications specified in the Second
Schedule shall on the coming into force of this Act be deemed to
be a registered dental surgeon under the provisions of this Act and
shall be deemed to have an annual practising certificate in respect
of the remainder of the year in which this Act comes into force,
except that in the case of a person to whom paragraph (a) or (b)
applies he shall be deemed to have such certificate only if there
was in force in respect of him immediately before the coming into
force of this Act an annual practising certificate issued under the
Registration of Dentists Ordinance 1948 of Peninsular Malaysia
or the Dentists Registration Ordinance of Sarawak, as the case
may be, or if he was exempted from obtaining an annual practising
certificate by virtue of the provisions of the respective one of the
said Ordinances applicable in his case:
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Repeal
P ART VII
SUPPLEMENTARY PROVISIONS FOR
NATIONAL PURPOSES
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(4) Where the name of a person is struck off from the Register
under subsection (3), it shall not be restored on the Register
except upon a direction by the Minister, and the Minister may
give such direction upon an application in writing being made to
him by the person whose name has been struck off from the
Register.
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may at any time cancel the notice and, if he thinks fit, cause to be
served on him a further notice under subsection (1).
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50. The Minister may make rules for carrying into effect the
objects and purposes of this Part.
FIRST SCHEDULE
[Section 7]
2. (1) The Council shall meet at such time and such places as the President may
appoint, provided that there shall be held at least two meetings in a year.
(2) Where not less than five members submit to the President a written request
to convene a meeting of the Council, the President shall convene such meeting within
one month of the receipt of such request.
(3) The quorum for a meeting of the Council shall be seven and the decision of
the Council shall be by a simple majority of the members present and voting.
(4) When any vacancy occurs amongst the members, the Council shall, as soon
as practicable, take the necessary action to fill such vacancy.
(5) The Chairman at any meeting shall have an original vote and also, if upon
any question the votes shall be equally divided, a casting vote.
(6) Members of the Council who are not public officers shall be paid such fees
for attending meetings of the Council or of any committee appointed by the Council
and such reasonable travelling expenses and subsistence allowances for such
attendance and for journeys undertaken in the discharge of their duties under this Act
as may from time to time be approved by the Minister.
(7) Subject to the provisions of this Act, the Council may make standing orders
regulating its own procedure generally, and, in particular, regarding the holding of
meetings, the notice to be given of such meetings, the proceedings thereat, the
keeping of minutes and the custody, production and inspection of such minutes.
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Committees of the Council
3. (1) The Council may from time to time constitute out of its membership one or
more committees, as it thinks fit, and may delegate to them such of the Council’s
functions as the Council thinks fit.
(2) The quorum of any such committee shall be three, unless otherwise
determined by the Council.
4. The President may appoint an officer of the Ministry of Health to be the Secretary
of the Council.
5. The office of the Council shall be at such place as the Director General may
appoint.
SECOND SCHEDULE
[Subsection 12(1)]
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LAWS OF MALAYSIA
Act 51
LIST OF AMENDMENTS
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