F1PART 3AProfessions Complementary to Dentistry
F2Professional conduct and fitness to practise
Ss. 36K-36V and cross-heading inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 31 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)
36PThe Practice Committees
1
Subject to subsection (5), a Practice Committee must investigate an allegation or allegations against a person referred to them by the Investigating Committee under section 36O and determine whether that person’s fitness to practise as a member of a profession complementary to dentistry is impaired.
2
A Practice Committee shall, in exercising their function under subsection (1), make separate determinations in relation to each title under which that person is registered in the dental care professionals register, as to his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies.
3
In making a determination under subsection (1), a Practice Committee may take into account whether the person who is the subject of the allegation or allegations has complied with any relevant parts of the guidance issued under section 36M, but that question is not of itself determinative of whether a person’s fitness to practise as a member of a profession complementary to dentistry is impaired.
4
If the person who is the subject of an allegation or allegations is also registered in the dentists register, a Practice Committee shall, in exercising their function under subsection (1), make a separate determination under section 27B(1) (fitness to practise as a dentist).
5
Where a Practice Committee consider that any allegation should not have been referred to them by the Investigating Committee under section 36O, they may refer that allegation back to the Investigating Committee.
6
If a Practice Committee determine that, in relation to a title under which a person is registered in the dental care professionals register, his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is not impaired, they—
a
shall publish at his request a statement to that effect; or
b
may publish such a statement if he consents.
7
If a Practice Committee determine that, in relation to a title under which a person is registered in the dental care professionals register, his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is impaired, they may, if they consider it appropriate, direct—
a
(subject to subsection (8)) that the person’s name shall be erased from registration in that register under that title;
b
that his registration in that register under that title shall be suspended during such period not exceeding twelve months as may be specified in the direction;
c
that his registration in that register under that title shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Practice Committee think fit to impose for the protection of the public or in his interests; or
d
that he shall be reprimanded in connection with any conduct or action of his which was the subject of the allegation.
8
A direction under subsection (7)(a) that a person’s name shall be erased from registration in the dental care professionals register under a particular title shall not be given following a determination that that person’s fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is impaired solely on the ground mentioned in section 36N(2)(c) (adverse physical or mental health).
9
Where a Practice Committee give a direction under subsection (7), the registrar shall forthwith serve on the person concerned notification of the direction and (except in the case of a direction under paragraph (d) of that subsection) of his right to appeal against it under section 36S.
10
Where a Practice Committee make a determination under subsection (1) as to a person’s fitness to practise as a member of a profession, or class of members of a profession, to which a particular title applies, they shall, at the same time, revoke any interim order which has been made under section 36V—
a
in consequence of the allegation, or allegations, to which that determination relates; and
b
in relation to that person’s registration in the dental care professionals register under that title.
11
The revocation of an interim order under subsection (10) shall take effect—
a
in the case of a determination that the person’s fitness to practise is not impaired, forthwith;
b
in the case of a direction given under paragraph (d) of subsection (7), forthwith; and
c
in the case of a direction given under paragraph (a), (b) or (c) of subsection (7), subject to section 36U(5), from the time when—
i
any direction given under those paragraphs takes effect in accordance with section 36T,
ii
an appeal under section 36S against the decision giving such a direction is determined under section 36S(6)(b) or (c), or
iii
following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.
Pt. 3A inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 29 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)