2006 No. 1718

HEALTH CARE AND ASSOCIATED PROFESSIONSPROFESSIONS COMPLEMENTARY TO DENTISTRY

The European Qualifications (Professions Complementary to Dentistry) Regulations 2006

Made

Laid before Parliament

Coming into force

The Secretary of State for Health, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations2, makes the following Regulations in exercise of her powers conferred under section 2(2) of the European Communities Act 1972.

Citation and commencement1

These Regulations may be cited as the European Qualifications (Professions Complementary to Dentistry) Regulations 2006 and shall come into force on 28th July 2006.

Amendment of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 20022

In the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 20023, in Part 1 of Schedule 2 (regulated professions – professions regulated by law or public authority)—

a

in the column headed “Profession”—

i

after “Childminder (England)” insert “Clinical Dental Technican (also known as Clinical Dental Technologist and Denturist)”,

ii

after “Dental Hygienist” insert “Dental Nurse (also known as Dental Surgery Assistant)”,

iii

after “Dental Nurse (also known as Dental Surgery Assistant)” insert “Dental Technician (also known as Dental Technologist)”, and

iv

after “Operating Department Practitioner” insert “Orthodontic Therapist (also known as Orthodontic Auxiliary)”; and

b

in the column headed “Designated Authority”, opposite each of the four new entries in the column headed “Profession” inserted by paragraph (a), insert “General Dental Council”.

Amendment of section 36C of the Dentists Act 19843

In section 36C of the Dentists Act 19844 (professions complementary to dentistry – qualifications for registration) (as inserted by article 29 of the Dentists Act 1984 (Amendment) Order 2005)5—

a

in subsection (1)(a), for “in a case where the title concerned is that of dental hygienist or dental therapist” substitute “in a case where the title concerned applies to the profession pursued by clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists or orthodontic therapists”;

b

in subsection (3)(b), for “as a dental hygienist or dental therapist” substitute “as a member of the profession pursued by clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists or orthodontic therapists”; and

c

in subsection (4)(c), at the beginning insert “(except where he is a national of an EEA State or a person within subsection (3)(a)(ii))”.

Signed by authority of the Secretary of State

Andrew BurnhamMinister of State,Department of Health

(This note is not part of the Regulations)

Regulation 2 of these Regulations applies the requirements of Council Directive 92/51/EEC on a second general system for the regulation of professional education and training6, as amended7, to the professions of clinical dental technician, dental nurse, dental technician and orthodontic therapist. The General Dental Council is designated as the authority responsible for processing applications for inclusion in the dental care professionals register from migrants with similar qualifications recognised in the European Economic Area or Switzerland, and for authorising those migrants to practise in the United Kingdom in accordance with that Directive.

Regulation 3 of these Regulations makes amendments to section 36C of the Dentists Act 1984 (qualifications for registration in the dental care professionals register) to add references to the professions of clinical dental technician, dental nurse, dental technician and orthodontic therapist. It also makes an amendment which has the effect that a person with free movement rights in the European Economic Area or Switzerland may not be required to demonstrate proficiency in the English language as a condition of registration in the professional register.