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Drug and Pharmacies Regulation Act
Loi sur la réglementation des médicaments et des pharmacies

R.R.O. 1990, REGULATION 547

DENTISTRY

Consolidation Period:  From September 16, 1993 to the e-Laws currency date.

Last amendment:  O. Reg. 548/93.

This Regulation is made in English only.

1. For the purpose of the election of members to the Council, the following electoral districts are established:

1. Number 1, composed of the counties of Dundas, Frontenac, Glengarry, Grenville, Lanark, Leeds, Lennox and Addington, Prescott, Renfrew, Russell and Stormont and The Regional Municipality of Ottawa-Carleton.

2. Number 2, composed of the counties of Haliburton, Hastings, Northumberland, Peterborough, Prince Edward and Victoria and The Regional Municipality of Durham.

3. Number 3, composed of the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Rainy River, Sudbury, Thunder Bay and Timiskaming.

4. Number 4, composed of The Municipality of Metropolitan Toronto and The Regional Municipality of York.

5. Number 5, composed of the counties of Bruce, Dufferin, Grey, Huron and Simcoe and the territorial districts of Muskoka and Parry Sound.

6. Number 6, composed of the counties of Elgin, Essex, Kent, Lambton and Middlesex.

7. Number 7, composed of the counties of Brant, Oxford, Perth and Wellington and the regional municipalities of Haldimand-Norfolk and Waterloo.

8. Number 8, composed of the regional municipalities of Halton, Hamilton-Wentworth, Niagara and Peel.  R.R.O. 1990, Reg. 547, s. 1.

2. (1) Except from electoral district Number 4, one member shall be elected to the Council from each electoral district.  R.R.O. 1990, Reg. 547, s. 2 (1).

(2) Two members shall be elected to the Council from electoral district Number 4.  R.R.O. 1990, Reg. 547, s. 2 (2).

3. (1) A member is eligible for election to the Council who,

(a) is the holder of a General licence;

(b) is,

(i) principally engaged in the practice of dentistry, or

(ii) where the member is not engaged in the private practice of dentistry, principally resident,

in the electoral district for which he or she is nominated, and so appears on the registers of the College on the 30th day of September in a year in which an election of members to the Council is to be held;

(c) has no financial interest, directly or indirectly, in a business or undertaking that provides dental supplies or dental services of any kind to persons engaged in the practice of dentistry; and

(d) is in good standing in the College.  R.R.O. 1990, Reg. 547, s. 3 (1).

(2) A member is in good standing in the College for the purpose of subsection (1) where,

(a) he or she is not in default of payment of any fees prescribed by the regulations;

(b) his or her professional conduct is not the subject of disciplinary proceedings;

(c) his or her licence is not under suspension; and

(d) his or her licence is not subject to a term, condition or limitation other than one prescribed by the regulations.  R.R.O. 1990, Reg. 547, s. 3 (2).

4. (1) There shall be an election of members to the Council on the second Wednesday of every even numbered year except in the year 1992.  O. Reg. 641/92, s. 1.

(2) Subject to subsection (3), the term of an elected member of Council is two years commencing with the first meeting of the Council immediately following the election.  O. Reg. 641/92, s. 1.

(3) The term of those elected members of Council who continue to be members of Council on the second Wednesday of December in the year 1992 is extended until the first meeting of the new Council following an election held in accordance with the Dentistry Act, 1991.  O. Reg. 641/92, s. 1.

5. The Registrar shall, on or before the 30th day of October in every year in which an election of members to the Council is to be held, mail to every member appearing on the registers of the College on the 30th day of September and who is qualified to vote a notice of the time and place of the election together with a list of eligible members for election from the electoral district in which the member is qualified to vote.  R.R.O. 1990, Reg. 547, s. 5.

6. (1) The nomination of candidates for election as members of the Council shall be,

(a) in writing;

(b) in the nomination form that shall be provided by the Registrar;

(c) signed by at least five members each of whom shall be a member appearing on the registers of the College on the 30th day of September in a year in which an election of members to the Council is to be held, and each of whom is,

(i) principally engaged in the practice of dentistry, or

(ii) where not engaged in the private practice of dentistry, principally resident,

in the electoral district from which the nominated member is eligible for election; and

(d) delivered to or received by the Registrar on or before the 10th day of November in the election year.  R.R.O. 1990, Reg. 547, s. 6 (1).

(2) A nomination form shall have the candidate’s consent signed thereon.  R.R.O. 1990, Reg. 547, s. 6 (2).

7. (1) The Registrar shall, on or before the 14th day of November in the year in which an election takes place, notify all nominated candidates and a candidate may withdraw his or her candidacy by notice of withdrawal delivered to or received by the Registrar not later than the 20th day of November.  R.R.O. 1990, Reg. 547, s. 7 (1).

(2) Where only two candidates for election to Council are nominated in electoral district Number 4 or where only one candidate for election to Council is nominated in any other electoral district, the candidates or candidate, as the case requires, shall be declared elected by acclamation.  R.R.O. 1990, Reg. 547, s. 7 (2).

8. Except in electoral districts in which candidates have been declared elected by acclamation, the Registrar shall, at least ten days before the date of an election, mail to every member qualified to vote in the election of members to the Council, a list of the candidates in the electoral district where the member is qualified to vote, a ballot and return envelope.  R.R.O. 1990, Reg. 547, s. 8.

9. (1) A member who is qualified to vote in an election of members to the Council shall vote only in the electoral district where the member is,

(a) principally engaged in the practice of dentistry; or

(b) where the member is not engaged in the private practice of dentistry, principally resident,

and so appears on the registers of the College on the 30th day of September in a year in which an election of members to the Council is to be held.  R.R.O. 1990, Reg. 547, s. 9 (1).

(2) A member who is eligible to vote in electoral district Number 4 is entitled to vote for two candidates as members to Council from that electoral district.  R.R.O. 1990, Reg. 547, s. 9 (2).

(3) A member who is eligible to vote in any other electoral district is entitled to vote for one candidate as a member to Council in such other electoral district.  R.R.O. 1990, Reg. 547, s. 9 (3).

10. The counting of ballots for the election of members to the Council shall be carried out under the direction of the Registrar on the second Wednesday in December in every election year.  R.R.O. 1990, Reg. 547, s. 10.

11. Each ballot shall be in the form that shall be provided by the Registrar, shall be duly marked by the voting member and shall be returned in the envelope that shall be provided by the Registrar with the validation slip that shall be provided by the Registrar attached thereto duly completed.  R.R.O. 1990, Reg. 547, s. 11.

12. Before each election of members to Council, the Registrar shall appoint two returning officers.  R.R.O. 1990, Reg. 547, s. 12.

13. The persons entitled to be present at the counting of the ballots are the President, the Treasurer, the Secretary, the Registrar, the returning officers and each candidate or a representative appointed in writing of each candidate.  R.R.O. 1990, Reg. 547, s. 13.

14. An election shall be under the supervision and direction of the Registrar who shall decide upon the eligibility of any member to vote and shall also decide any dispute that may arise between the returning officers.  R.R.O. 1990, Reg. 547, s. 14.

15. (1) At the time and place fixed for the counting of the ballots, the Registrar shall deliver to the returning officers unopened, all envelopes containing ballots with the validation slips attached thereto.  R.R.O. 1990, Reg. 547, s. 15 (1).

(2) The Registrar and the returning officers shall check the names on all validation slips with the list of qualified members and, if correct, a returning officer shall remove the validation slips from the envelopes and place the envelopes in the ballot box.  R.R.O. 1990, Reg. 547, s. 15 (2).

(3) A returning officer shall then proceed to open and count the ballots properly marked for each candidate in each electoral district in which an election is being held.  R.R.O. 1990, Reg. 547, s. 15 (3).

16. Where, in the election of a candidate to the Council, a tie vote exists, the returning officers together with the Registrar shall by lot decide which candidate shall be declared elected.  R.R.O. 1990, Reg. 547, s. 16.

17. (1) The returning officers shall make a certified return in duplicate of the total number of votes cast in each electoral district after the votes have been counted and the return shall show the number of votes cast for each candidate in each electoral district and the number of ballots rejected and shall state the reason for each rejection.  R.R.O. 1990, Reg. 547, s. 17 (1).

(2) One of the duplicate returns shall be handed to the Registrar and the other shall be sealed with the ballots as hereafter required.  R.R.O. 1990, Reg. 547, s. 17 (2).

18. (1) The returning officers after the counting of the ballots has been completed, shall separately seal all the ballots cast in each electoral district in an envelope, distinguishing those that were rejected and shall otherwise identify on the outside the number of the electoral district to which the ballots relate.  R.R.O. 1990, Reg. 547, s. 18 (1).

(2) The returning officers shall then place the envelopes in a large envelope together with one copy of the certified return, and shall securely seal the envelope and deliver it to the Registrar who shall deliver it to the newly elected Council at its first meeting.  R.R.O. 1990, Reg. 547, s. 18 (2).

19. On receiving the certified return from the returning officers, the Registrar shall forthwith, by registered mail, notify all candidates of the results of the election.  R.R.O. 1990, Reg. 547, s. 19.

20. A candidate who wishes to challenge any aspect of the election shall, within one month after the election, lodge his or her complaint with the Registrar who shall refer the matter to the Council and the matter shall be determined at the first meeting of the Council thereafter and the determination of the Council is final and conclusive.  R.R.O. 1990, Reg. 547, s. 20.

21. Where the Registrar does not act in any capacity in which his or her services are required in respect of an election, the President shall appoint another person to act in place of the Registrar and the person shall have all the authority of and shall discharge all the duties of the Registrar with respect to the election of members to the Council.  R.R.O. 1990, Reg. 547, s. 21.

22. (1) When an election of members to the Council is not held within the prescribed period, the members of the Council then in office shall continue in office until their successors are elected or appointed.  R.R.O. 1990, Reg. 547, s. 22 (1).

(2) Where there is an interruption of mail service during an election, the Council shall extend the holding of the election for such minimum period of time as the Council considers necessary to compensate for the interruption.  R.R.O. 1990, Reg. 547, s. 22 (2).

23. After an election of members to the Council, the Registrar shall forthwith call the first meeting of the newly elected Council and the retiring members of the Council shall continue to hold office until the first meeting of the newly elected Council.  R.R.O. 1990, Reg. 547, s. 23.

24. (1) An elected member of the Council is disqualified from sitting on the Council and the seat of the member on the Council shall be deemed to be vacant if the member,

(a) is found to be an incapacitated member;

(b) is found guilty of professional misconduct or incompetence;

(c) fails to attend three consecutive regular meetings of the Council;

(d) ceases to meet the requirements of section 3 for election to the Council; or

(e) acquires a direct or indirect financial interest in a business or undertaking that provides dental supplies or dental services of any kind to persons engaged in the practice of dentistry.  R.R.O. 1990, Reg. 547, s. 24 (1).

(2) Where an elected member of the Council dies or resigns or the member’s seat otherwise becomes vacant before the expiry of his or her term of office, the Council shall,

(a) where the unexpired term of the member whose seat became vacant does not exceed six months, appoint a successor from among the members of the College in the electoral district represented by the member whose seat on the Council became vacant; or

(b) where the unexpired term of office of the member whose seat became vacant exceeds six months, direct the Registrar to hold a by-election in accordance with the provisions of this Regulation for the electoral district which the member represented,

and the appointed or elected successor shall serve until the expiry of the term of office of the member whose seat became vacant.  R.R.O. 1990, Reg. 547, s. 24 (2).

(3) A by-election to fill a vacancy on council shall be held on the first Wednesday following sixty calendar days from the declaration of the vacancy, with nominations therefor to be received by the Registrar on or before the twenty-first day preceding the date of such election.  R.R.O. 1990, Reg. 547, s. 24 (3).

25. (1) The following classes of licences are prescribed:

1. General.

2. Academic.

3. Education.  R.R.O. 1990, Reg. 547, s. 25 (1).

(2) A General licence shall be in Form 1.  R.R.O. 1990, Reg. 547, s. 25 (2).

(3) An Academic licence shall be in Form 2.  R.R.O. 1990, Reg. 547, s. 25 (3).

(4) An Education licence shall be in Form 3.  R.R.O. 1990, Reg. 547, s. 25 (4).

26. The requirements and qualifications for the issuing or reissuing of a General licence to an applicant are,

(a) after obtaining the applicable qualifications required under clause (b), completion of an application for a General licence on a form that shall be supplied by the Registrar, and, except in the case of an applicant who is the holder of an Academic licence, compliance with the following as may be applicable,

(i) with respect to an application for a General licence by an applicant holding the qualifications required under subclause (b) (i), the application shall be made within three years after obtaining such qualifications, or

(ii) with respect to an application for a General licence by an applicant holding the qualifications required under subclause (b) (ii) the applicant shall, with the application, submit satisfactory evidence that the applicant obtained his or her original licence in the foreign jurisdiction within a period of three years following graduation in dentistry in such foreign jurisdiction and that after first obtaining such original licence, no period of three years or more has elapsed during which the applicant has not engaged on a regular and continuous basis in the practice of dentistry in such foreign jurisdiction;

(b) one of the following,

(i) a degree in dentistry from a university in Ontario,

(ii) graduation in dentistry from a school, college or university outside Ontario listed by the World Health Organization that is equivalent to graduation with a degree in dentistry from a university in Ontario and a current or past unrestricted licence to engage in the practice of dentistry in the jurisdiction in which the school, college or university is located, with the professional conduct of the applicant not the subject of disciplinary proceedings in such jurisdiction,

(iii) the holding of an Academic licence for a period of five consecutive years and clinical experience composed of the period of five years immediately before the application for a General licence;

(c) reasonable fluency in the English or French language;

(d) with respect to an original application, that the applicant is a holder of a certificate of the National Dental Examining Board of Canada that evidences that the applicant has successfully completed,

(i) the examination of the Board, or

(ii) a program of studies leading to a degree in dentistry at a dental faculty of a university in Canada;

(e) with respect to an original application, that the applicant has successfully completed such examinations as have been set or approved by the Council, if any, at the time of the application;

(f) payment of the examination and licence fees prescribed by this Regulation;

(g) evidence that the applicant is not subject to an outstanding penalty respecting a finding of professional misconduct and there are no current proceedings against the applicant for professional misconduct; and

(h) Canadian citizenship or an immigrant visa or employment visa under the Immigration Act (Canada).  R.R.O. 1990, Reg. 547, s. 26.

27. It is a condition of every General licence that where the holder of the licence has not engaged on a regular basis in the practice of dentistry for a continuous period of three years, the holder shall not engage in the practice of dentistry until the Registration Committee has reviewed his or her qualifications.  R.R.O. 1990, Reg. 547, s. 27.

28. The requirements and qualifications for the issuing of an Academic licence to an applicant are,

(a) completion of an application for an Academic licence in a form that shall be supplied by the Registrar;

(b) graduation in dentistry from a school, college or university outside Ontario listed with the World Health Organization that is equivalent to graduation with a degree in dentistry from a university in Ontario and a current unrestricted licence to engage in the practice of dentistry in the jurisdiction in which the school, college or university is located with the professional conduct of the applicant not the subject of any past or current disciplinary proceedings in such jurisdiction;

(c) reasonable fluency in the English or French language;

(d) a full-time appointment of professorial rank to the faculty of dentistry of a university in Ontario;

(e) payment of the licence fee prescribed by this Regulation; and

(f) Canadian citizenship or an immigrant visa or employment visa under the Immigration Act (Canada).  R.R.O. 1990, Reg. 547, s. 28.

29. It is a condition of every Academic licence that the licensee complies with clause 28 (d).  R.R.O. 1990, Reg. 547, s. 29.

30. The requirements and qualifications for the issuing of an Education licence to an applicant are,

(a) completion of an application for an Interim licence in a form that shall be supplied by the Registrar;

(b) one of the following:

(i) graduation in dentistry from a school, college or university in Australia, Denmark, Eire, New Zealand, Norway, South Africa, Sweden, the United Kingdom or the United States of America approved by the governing dental body in the jurisdiction in which the school, college or university is located,

(ii) a licence for the practice of dentistry in a province of Canada other than Ontario,

(iii) successful completion of Parts I and II of the examinations of the National Dental Examining Board of Canada,

(iv) enrolment in a graduate program in oral pathology or oral and maxillofacial surgery at a faculty of dentistry in Ontario;

(c) a written agreement of hospital internship or residency approved by the College; and

(d) payment of the fee prescribed by this Regulation.  R.R.O. 1990, Reg. 547, s. 30.

31. It is a condition of every Education licence that,

(a) the holder of the licence shall not engage in the practice of dentistry except in the hospital where he or she is an intern or a resident and except under the supervision of a person designated by the head of the dental staff or medical staff or by the governing body or authority of the hospital;

(b) the holder of the licence shall not charge or receive fees for the performance of acts within the practice of dentistry.  R.R.O. 1990, Reg. 547, s. 31.

32. (1) Subject to subsection (2), where a member’s name is entered in a register, the name in the register shall be the same as the name of the member in the documentary evidence of his or her degree in dentistry or equivalent qualification.  R.R.O. 1990, Reg. 547, s. 32 (1).

(2) An applicant for a licence or a member may request entry in a register in a name other than the name required by subsection (1), and the Registrar may cause such other name to be entered in a register if the applicant or member, as the case may be, presents to the Registrar,

(a) a certified copy of an order of a court of competent jurisdiction in Ontario changing the applicant’s or member’s name;

(b) a certified copy of a valid certificate of marriage or a decree absolute of divorce, obtained in any province of Canada; or

(c) such further or other documentary material that, in the opinion of the Registrar, sufficiently identifies the person named in the documentary evidence of his or her degree in dentistry or equivalent qualification as the applicant or member, and that satisfies the Registrar that the use of the other name is not for any improper purpose.  R.R.O. 1990, Reg. 547, s. 32 (2).

33. (1) The Registrar shall mail to each member a notice and a fees payment form at least thirty days before the due date for payment of annual fees.  R.R.O. 1990, Reg. 547, s. 33 (1).

(2) The Registrar shall issue a receipt to a member upon receipt of the member’s completed annual fees payment form and annual fee.  R.R.O. 1990, Reg. 547, s. 33 (2).

34. A person whose licence has been cancelled by the Registrar for non-payment of the annual fee may make application to have his or her licence reissued by the Registrar upon payment of all outstanding fees together with a penalty fee of $200.  R.R.O. 1990, Reg. 547, s. 34.

35. The class of specialists set out in Column 1 of the following Table opposite the name of a branch of dentistry set out in Column 2 of the Table is the class of specialists in that branch of dentistry:

TABLE

Item

Column 1

Class of Specialists

Column 2

Branch of Dentistry

1.

oral and maxillofacial surgeons

oral and maxillofacial surgery

2.

orthodontists

orthodontics

3.

paedodontists

paedodontics

4.

periodontists

periodontics

5.

public health dentists

dental public health

6.

endodontists

endodontics

7.

oral pathologists

oral pathology

8.

oral radiologists

oral radiology

9.

prosthodontists

prosthodontics

R.R.O. 1990, Reg. 547, s. 35.

36. (1) The qualifications for specialists in a branch of dentistry are,

(a) completion of an application for a specialist certificate in the branch of dentistry in a form that shall be supplied by the Registrar;

(b) completion of at least twelve consecutive months experience in the general practice of dentistry before the commencement of specialist training in the branch of dentistry;

(c) successful completion of the examinations set or approved by the Council at the time of the application;

(d) good standing in the College;

(e) in the case of,

(i) oral and maxillofacial surgery, successful completion of thirty-six consecutive months of full-time instruction in an oral and maxillofacial surgery program, approved by the College,

(ii) orthodontics, successful completion of a diploma or degree program in orthodontics consisting of a minimum of twenty-two consecutive months of full-time instruction,

(iii) paedodontics, successful completion of a diploma or degree program in paedodontics consisting of a minimum of twenty-two consecutive months of full-time instruction,

(iv) periodontics, successful completion of a diploma or degree program in periodontics consisting of a minimum of twenty-two consecutive months of full-time instruction,

(v) dental public health, successful completion of a diploma or degree program in public health consisting of a minimum of eight consecutive months of instruction by a school of public health followed by completion of two years public health experience acceptable to the Registration Committee of The Royal College of Dental Surgeons of Ontario,

(vi) endodontics, successful completion of a diploma or degree program in endodontics consisting of a minimum of twenty-two consecutive months of full-time instruction,

(vii) oral pathology, successful completion of a diploma or degree program in oral pathology consisting of a minimum of twenty-two consecutive months of full-time instruction and successful completion of,

(A) the Fellowship examination in oral pathology of the Royal College of Dentists of Canada,

(B) the Diplomate examination of the American Board of Oral Pathology, or

(C) the examination leading to membership in the College of Pathologists of the United Kingdom,

(viii) oral radiology, successful completion of a diploma or degree program in oral radiology, consisting of a minimum of twenty-two consecutive months of full-time instruction,

(ix) prosthodontics, successful completion of a diploma or degree program in prosthodontics consisting of a minimum of twenty-two consecutive months of full-time instruction;

(f) payment of the examination fee prescribed by this Regulation; and

(g) payment of the fee prescribed by this Regulation for the issuance of the specialist certificate by the Registrar.  R.R.O. 1990, Reg. 547, s. 36 (1).

(2) A member is in good standing in the College for the purpose of subsection (1) where,

(a) he or she is not in default of payment of any fees prescribed by the regulations;

(b) his or her professional conduct is not the subject of disciplinary proceedings;

(c) his or her licence has not been suspended; and

(d) his or her licence is not subject to a term, condition or limitation other than one prescribed by the regulations.  R.R.O. 1990, Reg. 547, s. 36 (2).

(3) An applicant who is the holder of a Fellowship in the Royal College of Dentists of Canada in any branch of dentistry referred to in subclauses (1) (e) (i), (ii), (iii), (iv), (v), (vi), (viii) and (ix), is exempt from the qualifications referred to in those subclauses and from the requirements of clauses (1) (b) and (f).  R.R.O. 1990, Reg. 547, s. 36 (3).

37. (1) For the purposes of Part II of the Act,

“professional misconduct” means,

1. the contravention of any provision of Part II of the Act or of the regulations or of the Health Insurance Act,

2. failure by a member to abide by the terms, conditions or limitations of his or her licence,

3. engaging or holding oneself out as engaging in the practice of dentistry using any name other than the name of the member that is permitted to be entered in a register under subsection 32 (1),

4. failure to maintain the standards of practice of the profession,

5. charging fees that are excessive or unreasonable in relation to the services performed,

6. charging fees for services not performed,

7. failure to fulfil the terms of an agreement with a patient respecting professional charges,

8. failure to itemize accounts in cases where a commercial laboratory fee is involved,

9. failure to itemize an account at the request of a patient or of an agency making payments for professional services,

10. directly or indirectly receiving, making or conferring a rebate, credit or other benefit by reason of the referral of a patient from or to any other person,

11. directly or indirectly receiving, making or conferring a rebate, credit or other benefit in respect of drugs, dental appliances, dental material or dental equipment, including those intended to be dispensed to patients,

12. the entering into any agreement, including a lease of premises pursuant to which the amount payable by or to a member directly or indirectly is related to the amount of fees charged by the member or by a person licensed or registered under any Act regulating a health discipline,

13. the selling or supplying of a drug, medical product or biological preparation by a member to a patient at a profit, except where the drug is necessary,

i. for the immediate treatment of the patient,

ii. in an emergency, or

iii. where the services of a pharmacist are not reasonably readily available,

14. failure to maintain the records that are required by this Regulation to be kept in respect of a member’s patients or practice,

15. falsifying a record regarding the examination or treatment of a patient,

16. knowingly submitting a false or misleading account or false or misleading charges for services rendered to a patient,

17. selling a professional account to a third party,

18. performing a dental procedure, for fee or otherwise, in any public place or in any vehicle or other moveable contrivance, without the approval of the Council or of the Minister,

19. using in any way with respect to a member’s practice, the name of another member whose practice the member has acquired after a period of one year from the date of the acquisition,

20. announcing or holding out to the public that the member is a specialist or is specially qualified in a branch of dentistry or that the member limits his or her practice to any branch of dentistry where the member is not qualified as a specialist and does not hold a specialist certificate in the branch of dentistry,

21. engage in the practice of dentistry under employment by or in partnership with any person or corporation other than,

i. with a member who is engaged in the practice of dentistry,

ii. as an employee or agent of a municipal or other government, agency of a municipal or other government, a university or hospital,

22. using terms, titles or designations other than those authorized, or using terms, titles or designations that are prohibited by this Regulation,

23. signing or issuing a certificate, report or similar document that contains a statement that a member knows or ought to know is false, misleading or otherwise improper,

24. conviction of an offence that affects the fitness of a member to engage in the practice of dentistry,

25. improper use of the authority to prescribe, sell or dispense a drug, or falsifying a record in respect of a prescription or the sale of a drug,

26. engaging in the practice of dentistry while the ability to perform any professional service usually performed by a dentist or dental surgeon is impaired by alcohol or a drug,

27. permitting, counselling or assisting any person who is not licensed under Part II of the Act to engage in the practice of dentistry except as provided for in the Act or this Regulation,

28. making a misrepresentation respecting a remedy treatment or device,

29. refusal to allow an authorized representative of the Council to enter at a reasonable time the office in which the member is engaged in the practice of dentistry for the purpose of an inspection and examination of the office records and equipment of the member in connection with his or her practice,

30. giving information concerning a patient’s dental condition or any professional services performed for a patient to any person other than the patient without the consent of the patient unless required to do so by law,

31. failure to provide within a reasonable time and without cause any report or certificate requested by a patient or his or her authorized agent in respect of an examination or treatment performed by the member,

32. failing to continue to provide professional services to a patient until the services are no longer required or until the patient had a reasonable opportunity to arrange for the services of another member,

33. using in respect of the practice of dentistry by a member the designation “clinic” or “dental centre” or any other designation indicative of the practice of dentistry by a group except where,

i. not less than three members are engaged as a group in the full-time practice of dentistry,

ii. none of them is engaged in the practice of dentistry in any other group or in any other private practice, and

iii. the Council or the Executive Committee thereof has given its prior written approval to the name of such “clinic” or “dental centre”,

34. using in respect of the practice of dentistry, the designation “dental emergency service”, “dental emergency clinic”, or any other designation indicative of the rendering of dental emergency care by a member or group of members, except where it is a service that is,

i. operated under the sponsorship of a component society of the Ontario Dental Association, or

ii. performed in an office established and maintained exclusively for the purpose of rendering dental emergency care, which office has received prior approval of the Council and which has a member or members present therein for not less than sixteen hours each and every day and an emergency telephone number available for the remaining time,

35. accepting a credit card to obtain payment for a dental service,

i. that is prescribed as an insured service under Regulation 552 of the Revised Regulations of Ontario, 1990, or

ii. prior to rendering the dental service,

36. accepting a credit card other than one defined in subsection (3) to obtain payment for a dental service,

37. sexual impropriety with a patient,

38. abusing a patient verbally or physically,

39. contravening while engaged in the practice of dentistry any federal, provincial or municipal law, regulation or rule or a by-law of a hospital passed for the purpose of regulating the provision of dental care to the public,

40. publishing, displaying, distributing or using or permitting, directly or indirectly, the publishing, display, distribution or use of any advertisement related to the practice of dentistry by a member, or a member associating with or being employed by any person, other than,

i. professional cards that contain only the name of the member, a vocational designation, the member’s address, academic degrees, telephone number and office hours,

ii. an announcement upon commencing practice or changing the geographical location of a member’s practice that,

A. does not exceed two standard newspaper columns in width and five centimetres in depth including the margins,

B. does not contain references to qualifications, procedures or equipment, and

C. does not appear more than three times in a newspaper or periodical in respect of the commencement of the practice or of a change in the geographical location of the practice,

iii. appointment cards that do not contain more than the information contained in a professional card and the time and date of the appointment or appointments,

iv. reminder notices to patients,

v. announcement cards that do not state more than the information contained in a professional card and an announcement of the commencement of the practice of the member, a change of location or a new association in practice,

vi. not more than two exterior signs stating a member’s name and the vocational designation, on the premises where the member practises but,

A. only one sign may be a suspended sign,

B. only one sign may be illuminated and shall not be of an intermittent or neon type,

C. the letters used in a sign shall not exceed ten centimetres in height,

D. words designating office hours may be added to an entrance sign in unilluminated letters not more than five centimetres in height,

E. where an entrance is difficult to find, the words “Entrance on” may be added to the sign,

vii. door plates and listings on building directories on the premises where the member is engaged in the practice of dentistry in letters not exceeding 2.5 centimetres in height,

viii. a telephone directory listing,

A. in the white pages that,

1. is of dark or light type,

2. where a member is a certified specialist, may indicate the specialty designation,

3. does not list office hours, and

4. is only an alphabetical listing according to the member’s surname, and

B. in the yellow pages that,

1. is only of light type,

2. where the member is a certified specialist, may indicate the specialty designation,

3. does not list office hours, and

4. is listed only in the telephone listing for the geographical area in which the member is engaged in the practice of dentistry, and

41. conduct or an act relevant to the practice of dentistry that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  R.R.O. 1990, Reg. 547, s. 37 (1).

(2) Subparagraph ii of paragraph 35 of subsection (1) does not apply with respect to payment for a laboratory fee to be incurred by a member in connection with a dental service or services to be rendered.  R.R.O. 1990, Reg. 547, s. 37 (2).

(3) For the purposes of subsection (1),

“credit card” means a credit card that is accepted by a member pursuant to a standard form of agreement that requires the provider of the credit card to rely solely upon the provider’s contract with the credit card holder or credit card sales slip to enforce payment of money owed and not upon a member’s patient records.  R.R.O. 1990, Reg. 547, s. 37 (3).

38. A member in the practice of dentistry shall exercise generally accepted standards of practice and procedures in the performance of professional services, and shall,

(a) maintain the office in which and the equipment with which the member engages in the practice of dentistry in a sanitary and hygienic condition;

(b) make and keep clinical and financial records respecting his or her patients and the record for each patient shall contain not less than,

(i) the patient’s history,

(ii) the examination procedures used,

(iii) the clinical findings obtained,

(iv) the treatment prescribed and provided, and

(v) the member’s fees and charges;

(c) keep the records required under clause (b) in a systematic manner and such records shall be retained for a period of at least ten years after the date of the last entry in the record or until two years following the death of the member, whichever first occurs;

(d) where any person other than a member performs acts in the practice of dentistry on behalf or while employed by the member, ensure that the person performs only the specified acts in the practice of dentistry that are authorized by the regulations and that the specified acts are performed under the supervision of a member;

(e) where giving directions for the making, producing, reproducing, constructing, furnishing, supplying, altering or repairing of any prosthetic denture, bridge, appliance or similar thing,

(i) give the direction in writing,

(ii) sign the direction, and

(iii) where a member would reasonably consider it advisable or the person who is directed by the direction requests it, give a design impression or cast with the direction.  R.R.O. 1990, Reg. 547, s. 38.

39. (1) In this section, and in sections 40 to 48,

“drug” means drug as defined in Part VI of the Act;

“pharmacist” means pharmacist as defined in Part VI of the Act;

“prescriber” means prescriber as defined in Part VI of the Act;

“prescription” means prescription as defined in Part VI of the Act;

“Schedule G preparation” means a drug that contains one drug referred to in Schedule G and one or more active medicinal ingredients which are not referred to in Schedule G in a recognized therapeutic dose, or a drug that contains as the only medicinal ingredient phenobarbital or any of its salts in an amount not exceeding 32.4 milligrams (½ grain) per unit dosage;

“Schedule N preparation” means a drug that,

(a) contains one drug referred to in Schedule N and two or more active medicinal ingredients that are not referred to in Schedule N or a recognized therapeutic dose, and

(b) is not intended for parenteral administration;

“sell” includes offer to sell, dispense, distribute, give away and supply.  R.R.O. 1990, Reg. 547, s. 39 (1).

(2) A reference to Schedule A, B, C, D, E, F, G or N is a reference to such Schedule established by the regulations for the purposes of Part VI of the Act.  R.R.O. 1990, Reg. 547, s. 39 (2).

40. (1) Where a member decides to treat a patient with a drug, the member shall give a written prescription to the patient or offer to give a verbal prescription to a pharmacist acceptable to the patient.  R.R.O. 1990, Reg. 547, s. 40 (1).

(2) A member who has given a written prescription for a drug to a patient may sell the drug to the patient subject to the provisions of this Regulation governing the sale, recording, labelling and packaging of drugs.  R.R.O. 1990, Reg. 547, s. 40 (2).

41. A member who sells a drug referred to in Schedule G or N, in an amount,

(a) that exceeds three times the maximum daily dosage recommended by the manufacturer of the drug for the drug; or

(b) if the manufacturer has not recommended a maximum daily dosage for the drug, that exceeds three times the generally recognized maximum daily therapeutic dosage for the drug,

shall keep a record showing,

(c) the date of the sale;

(d) the name and address of the person for whom the drug was prescribed;

(e) the name, strength where applicable, and quantity of the drug; and

(f) the price, if any, charged.  R.R.O. 1990, Reg. 547, s. 41.

42. A member shall keep or cause to be kept a record of every purchase or acquisition of a drug referred to in the Schedules to Part VI of the Act by entering or causing to be entered in a register or other record that shall be maintained for that purpose forthwith upon such purchase,

(a) the date of the purchase;

(b) the name, strength where applicable, and quantity of the drug;

(c) the name and address of the person from whom the drug was purchased or received; and

(d) the purchase price, if any.  R.R.O. 1990, Reg. 547, s. 42.

43. Every member who sells a drug shall,

(a) retain the written prescription for the drug for a period of not less than two years or until he or she ceases to engage in the practice of dentistry, whichever first occurs;

(b) record on the prescription,

(i) the name and address of the person for whom the drug is prescribed,

(ii) the name, strength where applicable, and quantity of the prescribed drug,

(iii) the identity of the manufacturer of the drug,

(iv) the directions for use,

(v) an identification number or other designation,

(vi) the date on which the drug is dispensed, and

(vii) the price charged, if any; and

(c) mark the container in which the drug is dispensed with,

(i) the identification number that is on the record of sale,

(ii) the name of the drug, if the member considers it advisable,

(iii) the quantity, where the drug dispensed is in solid oral dosage form,

(iv) the date the drug is dispensed,

(v) the name and address of the prescriber,

(vi) the name of the person for whom it is prescribed, and

(vii) the prescribed directions for use.  R.R.O. 1990, Reg. 547, s. 43.

44. Every container in which any article or substance referred to in Part II of Schedule B is sold by a member shall include on the label, legibly and conspicuously displayed on the outer surface of the container in which the article or substance is contained, a caution or warning to the effect that the article or substance should be kept out of the reach of children, but if the article or substance is an article or substance referred to in the Hazardous Products Act (Canada) the provisions of this section do not apply.  R.R.O. 1990, Reg. 547, s. 44.

45. Every container in which any article or substance referred to in Part III of Schedule B is sold by a member, shall include on the label, legibly and conspicuously displayed on the outer surface of the container in which the article or substance is contained, a caution or warning to the effect that the article or substance should be used only with adequate ventilation, but if the article or substance is an article or substance referred to in the Hazardous Products Act (Canada) the provisions of this section do not apply.  R.R.O. 1990, Reg. 547, s. 45.

46. (1) Every container in which any drug specified in subsection (2) is sold in a form for internal use, shall bear the following words legibly and conspicuously displayed on the outer surface of the container in which the drug is dispensed:

“WARNING: Do not exceed the dose prescribed. If difficulty in breathing persists, contact a physician immediately.”

R.R.O. 1990, Reg. 547, s. 46 (1).

(2) The following drugs are specified for the purpose of subsection (1):

1. Epinephrine and its salts.

2. Isoproterenol (Isoprenaline) and its salts.

3. Metaproterenol (Orciprenaline) and its salts.  R.R.O. 1990, Reg. 547, s. 46 (2).

47. Every member who sells drugs shall maintain a system for filing his or her records of the purchases and sales of the drugs.  R.R.O. 1990, Reg. 547, s. 47.

48. (1) In this section,

“child resistant package” means a container or package that meets the standards for child resistant packages approved by the Minister.  R.R.O. 1990, Reg. 547, s. 48 (1).

(2) A member shall only dispense a drug in a child resistant package except where,

(a) in the opinion of the member it is advisable not to use a child resistant package;

(b) a child resistant package is not suitable because of the physical form of the drug; or

(c) the member is unable to obtain a child resistant package because supplies of such packages are unavailable on the market.  R.R.O. 1990, Reg. 547, s. 48 (2).

49. The following specified acts in the practice of dentistry may be performed under the supervision or direction of a member by a preventive dental assistant who has successfully completed the preventive dental assistants’ program of a College of Applied Arts and Technology, or other courses approved by the Council, and who provides to the College, his or her name and current address, together with the name and business address of the member by whom he or she is employed:

1. Mechanical polishing of the coronal portion of the teeth and not including any instrumentation.

2. Taking impressions of teeth for study models.

3. Topical application of anti-cariogenic agents.

4. Placement and removal of rubber dams.

5. Maintenance of a patient’s oral hygiene.  R.R.O. 1990, Reg. 547, s. 49.

50. (1) Dental hygienists may perform the following specified acts in the practice of dentistry under the supervision or direction of a member:

1. Preliminary examination of the oral cavity and surrounding structures including the taking of a case history, periodontal examination and recording of clinical findings.

2. Complete prophylaxis, including scaling, root planing, subgingival curettage and polishing of fillings.

3. Topical application of anticariogenic agents, and other materials designed to assist in the prevention of caries.

4. Taking impressions for study models.

5. Maintenance of patient’s oral hygiene.

6. Placement and removal of rubber dam.

7. Application and removal of periodontal dressings.

8. Removal of sutures.

9. Placement and removal of arch wires previously fitted by a dentist.

10. Separating of teeth prior to banding by a dentist.

11. Cementation and removal of bands or brackets or both for orthodontic purposes that have been previously fitted by a dentist.

12. Application of topical anaesthetics.

13. Topical application of desensitizing agents.  R.R.O. 1990, Reg. 547, s. 50 (1).

(2) In addition to the acts specified in subsection (1), dental hygienists who have been approved in writing by the College may perform the following acts in the practice of dentistry under the supervision or direction of a member:

1. Placement, finishing and polishing of amalgam, silicate and resin restorations.

2. Placement and removal of matrix bands.

3. Placement of cavity liners in a tooth where the pulp has not been exposed.

4. Gingival retraction for impression taking.

5. Cementation of temporary crowns previously fitted by a dentist.

6. Placing of temporary fillings.  R.R.O. 1990, Reg. 547, s. 50 (2).

51. Every member shall provide the Registrar with the complete address of his or her principal residence as well as the address or addresses of the principal place or places at which the member engages in the practice of dentistry and shall inform the Registrar of any change of address within ten days of the change.  R.R.O. 1990, Reg. 547, s. 51.

52. (1) No member shall engage in the practice of dentistry where there is a conflict of interest.  R.R.O. 1990, Reg. 547, s. 52 (1).

(2) It is a conflict of interest for a member to have a proprietary interest in a commercial dental laboratory.  R.R.O. 1990, Reg. 547, s. 52 (2).

53. (1) A member, in the practice of dentistry, shall only use the titles “Doctor”, “Dentist”, or “Dental Surgeon”, or accepted abbreviations thereof or the accepted abbreviations of recognized degrees and diplomas held by the member.  R.R.O. 1990, Reg. 547, s. 53 (1).

(2) A member who holds a specialist certificate may use the name of the class of the specialty in respect of the member’s practice.  R.R.O. 1990, Reg. 547, s. 53 (2).

54. The decisions of the Discipline Committee shall be published by the College in its annual report and may be published by the College in any other publication of the College, and where a member has been found guilty of professional misconduct or incompetence, the full name and address of the member may be stated and a summary of the charge, the decision and the penalty imposed may be stated and the text or substance of any restriction on the licence of the member or of any reprimand may be added, but where a member has been found not guilty of professional misconduct or incompetence, the identity of the member shall not be published but the substance of the proceedings may be published without identification of the parties for the purpose of publishing advice to the member or to the profession.  R.R.O. 1990, Reg. 547, s. 54.

55. (1) The annual fee for a member is $1,350.  O. Reg. 548/93, s. 1.

(2) The annual fee for a member other than a member holding an education licence is for a calendar year and is due and payable,

(a) for a member making an original application for a licence, at the time the application is made; or

(b) in any other case, on or before the 15th day of December of the preceding year.  R.R.O. 1990, Reg. 547, s. 55 (2).

(3) The annual fee for a member holding an education licence issued on or after the 1st day of January, 1991 is for the twelve months following the first day of the month in which the hospital internship or residency commences under the written agreement referred to in clause 30 (c) and the fee is due and payable on or before that day.  R.R.O. 1990, Reg. 547, s. 55 (3).

56. The fee for a licence is $100.  R.R.O. 1990, Reg. 547, s. 56.

57. The examination fee for a general licence is $1,500.  R.R.O. 1990, Reg. 547, s. 57.

58. The examination fee for a specialist certificate is $1,500.  R.R.O. 1990, Reg. 547, s. 58.

59. The fee for the issuance of a specialist certificate by the Registrar is $50.  R.R.O. 1990, Reg. 547, s. 59.

60. The penalty for late payment of an annual fee is $100.  R.R.O. 1990, Reg. 547, s. 60.

Form 1
GENERAL LICENCE

Drug and Pharmacies Regulation Act

 

Royal College of Dental Surgeons of Ontario

 

This is to certify that

 

......................................................................................................
(name)

 

is duly licensed as a member of the College and is entitled to engage in the general practice of dentistry.

 

In witness whereof, we have hereunto subscribed our names and affixed the seal of the College.

 

............................................................................

President

 

............................................................................

Registrar

 

Number:

 

Dated at Toronto, Ontario, Canada, this ......................................

 

day of ........................................., 19..........

R.R.O. 1990, Reg. 547, Form 1.

Form 2
ACADEMIC LICENCE

Drug and Pharmacies Regulation Act

 

This is to certify that

 

......................................................................................................
(name)

 

is duly licensed as a member of the College and is entitled to engage in the practice of dentistry subject to the conditions prescribed for Academic licences by the regulations.

 

In witness whereof, we have hereunto subscribed our names and affixed the seal of the College.

 

......................................................................................................
President

 

......................................................................................................
Registrar

 

Number:

 

Dated at Toronto, Ontario, Canada, this ......................................

 

day of ........................................., 19..........

R.R.O. 1990, Reg. 547, Form 2.

Form 3
EDUCATION LICENCE

Drug and Pharmacies Regulation Act

 

Royal College of Dental Surgeons of Ontario

 

This is to certify that

 

......................................................................................................
(name)

 

is duly licensed as a member of the College and is entitled to engage in the practice of dentistry subject to the conditions prescribed for Education licences by the regulations.

 

In witness whereof, we have hereunto subscribed our names and affixed the seal of the College.

 

............................................................................

President

 

............................................................................

Registrar

 

Number:

 

Dated at Toronto, Ontario, Canada, this ......................................

 

day of ........................................., 19..........

R.R.O. 1990, Reg. 547, Form 3.