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NEWFOUNDLAND AND LABRADOR
REGULATION 49/12

Dental Auxiliaries' Regulations, 2012
under the
Dental Act, 2008

Amended by:

53/13

NEWFOUNDLAND AND LABRADOR
REGULATION 49/12

Dental Auxiliaries' Regulations, 2012
under the
Dental Act, 2008

(Filed May 30, 2012)

Under the authority of section 12 of the Dental Act, 2008 , with the approval of the Minister of Health and Community Services, the Newfoundland and Labrador Dental Board makes the following regulations.

Dated at St. Johns , May 30, 2012.

Susan Sullivan
Minister of Health and Community Services

Glen Crane
Chairperson, Newfoundland and Labrador Dental Board

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Special circumstances

              PART I
REGISTRATION

       
4.   Dental auxiliary students

       
5.   Registered dental assistants

       
6.   Rep. by 53/13 s2

       
7.   Registered dental technicians

       
8.   Classification

       
9.   Annual remittance

     
10.   Licence renewal - registered dental assistant

     
11.   Rep. by 53/13 s4

     
12.   Licence renewal - registered dental technician

              PART II
SCOPE OF PRACTICE

     
13.   Registered dental assistants

     
14.   Rep. by 53/13 s5

     
15.   Registered dental technicians

              PART III
GENERAL

     
16.   Non-practising status

     
17.   Other assistants

     
18.   Change of address

     
19.   Display of registration

     
20.   Advertising

              PART IV
REPEAL

     
21.   Repeal


Short title

        1. These regulations may be cited as the Dental Auxiliaries' Regulations, 2012 .

49/12 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Dental Act, 2008 ;

             (b)  "dental auxiliary" means a registered dental assistant or a registered dental technician;

             (c)  "direct supervision" means a practitioner is physically present and providing the necessary direction and support within the office premises while a person is providing services permitted by these regulations;

             (d)  "registered dental assistant" means a person who

                      (i)  meets the requirements of the Act and these regulations and is registered and licensed as a registered dental assistant,

                     (ii)  is employed directly or indirectly by a practitioner or a professional dental corporation, and

                    (iii)  by direct supervision, provides dental services;

             (e)  [Rep. by 53/13]

              (f)  "registered dental technician" means a person who

                      (i)  meets the requirements of the Act and these regulations and is registered and licensed as a registered dental technician,

                     (ii)  is engaged directly or indirectly by a practitioner, and

                    (iii)  by order, aids in the delivery of dental services.

49/12 s2; 53/13 s1

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Special circumstances

        3. (1) Notwithstanding section 2 , the board may under special circumstances license dental therapists as dental auxiliaries to practise in the province in locations where no reasonable possibility exists for the provision of dental health services by a person licensed under the Act and these regulations, other than a dental therapist.

             (2)  The approval for licensing of a dental therapist as provided for in subsection (1) shall be granted by the board on a case by case basis and under the location, conditions and terms offered by the board and accepted by the dental therapist.

             (3)  For the purposes of subsections (1) and (2), a dental therapist shall be a graduate of a school of dental therapy approved by the board.

49/12 s3

PART I
REGISTRATION

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Dental auxiliary students

        4. An applicant applying to be registered as a dental auxiliary student shall

             (a)  complete an application form provided by the board;

             (b)  pay the fees prescribed by the board; and

             (c)  provide proof of enrolment in a program acceptable to the board.

49/12 s4

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Registered dental assistants

        5. An applicant applying to be registered and licensed as a registered dental assistant shall

             (a)  complete an application form provided by the board;

             (b)  pay the fees prescribed by the board;

             (c)  provide proof of current membership in good standing in the Newfoundland and Labrador Dental Assistants' Association;

             (d)  either

                      (i)  show

                            (A)  proof of graduation from a dental assisting program, which is acceptable to the board and accredited by the Commission on Dental Accreditation of Canada, and

                            (B)  evidence satisfactory to the board that the applicant holds a National Dental Assisting Examining Board Certificate or a certificate considered equivalent by the board, or

                     (ii)  show

                            (A)  proof of graduation from a non-accredited dental assisting program, which is approved by the board, and

                            (B)  evidence satisfactory to the board that the applicant holds a National Dental Assisting Examining Board Certificate and has successfully completed the clinical practice evaluation from the National Dental Assisting Examining Board;

             (e)  have a working knowledge of the English language that the board considers sufficient to enable the person to practise in the province;

              (f)  provide proof of holding a current CPR certificate at a level acceptable to the board;

             (g)  provide proof of good standing from each jurisdiction where he or she was previously registered to practise;

             (h)  provide proof of professional malpractice insurance, to be maintained throughout the licence period, of the kind and in the amount set by the board; and

              (i)  comply with other requirements that the board may consider appropriate.

49/12 s5

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Rep. by 53/13 s2

        6. [Rep. by 53/13 s2]

53/13 s2

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Registered dental technicians

        7. An applicant applying to be registered and licensed as a registered dental technician shall

             (a)  complete an application form provided by the board;

             (b)  pay the fees prescribed by the board;

             (c)  provide proof, satisfactory to the board, of practice of general dental laboratory technology, under the supervision of a registered dental technician in a laboratory recognized by the board, for a period of not less than 4 years immediately preceding the application for registration, or provide proof acceptable to the board in its discretion of an equivalent level of competence and training;

             (d)  have successfully completed a high school education or equivalent; and

             (e)  comply with other requirements that the board may consider appropriate.

49/12 s7

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Classification

        8. Registered dental technicians who have worked for an additional 2 years after registration dealing with the terminology, design and manufacture of the enumerated specialized products may, with the approval of the board, be classified as a

             (a)  prosthetic technician;

             (b)  chrome-cobalt technician;

             (c)  orthodontic technician;

             (d)  crown and bridge technician; or

             (e)  ceramic technician.

49/12 s8

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Annual remittance

        9. Every registered dental assistant and registered dental technician whose licence under the Act and these regulations is subsisting shall annually, before the date as may be determined by the board, remit to the board those fees that may be prescribed, for the purpose of maintaining a licence to practice in the province for the year then commencing.

53/13 s3

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Licence renewal - registered dental assistant

      10. A person shall have his or her licence as a registered dental assistant renewed upon

             (a)  payment of the renewal fee prescribed by the board;

             (b)  proof that he or she is in good standing with the board;

             (c)  proof of current membership in good standing in the Newfoundland and Labrador Dental Assistants' Association;

             (d)  proof of holding a current CPR certificate at a level acceptable to the board;

             (e)  proof of professional malpractice insurance, to be maintained throughout the licence period, of the kind and in the amount set by the board;

              (f)  evidence satisfactory to the board of completion of continuing education requirements; and

             (g)  in the case of a person whose licence has not been renewed for 3 years or who has not practised for the same period, successful completion of a professional reentry program, which includes clinical and didactic content as prescribed by the board, or successful completion of a clinical practice examination approved by the board.

49/12 s10

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Rep. by 53/13 s4

      11. [Rep. by 53/13 s4]

53/13 s4

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Licence renewal - registered dental technician

      12. A person shall have his or her licence as a registered dental technician renewed upon

             (a)  payment of the renewal fee prescribed by the board;

             (b)  proof that he or she is in good standing with the board;

             (c)  evidence satisfactory to the board of completion of continuing education requirements set by the board; and

             (d)  in the case of a person whose licence has not been renewed for 3 years or who has not practised for the same period, fulfillment of requirements that may be set by the board.

49/12 s12

PART II
SCOPE OF PRACTICE

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Registered dental assistants

      13. (1) A registered dental assistant may perform, under the direct supervision of a practitioner, all the duties in accordance with the National Scope of Practice for Dental Assisting which include but are not limited to:

             (a)  carrying out of the exposure, processing and mounting of dental radiographs;

             (b)  taking of preliminary impressions;

             (c)  selective polishing;

             (d)  provision of dental health education;

             (e)  dental nutritional counselling;

              (f)  provision of topical application of anticariogenic agents and other materials to prevent caries;

             (g)  application of pit and fissure sealants;

             (h)  application and removal of dental dams;

              (i)  application and removal of matrices and wedges;

              (j)  taking and recording of vital signs;

             (k)  application of desensitizing agents;

              (l)  application of topical anaesthesia;

            (m)  application of treatment liners, excluding pulpal involvement;

             (n)  removal of sutures;

             (o)  fabrication and insertion of bleaching trays;

             (p)  removal of periodontal dressings;

             (q)  taking and recording of gingival plaque indices;

              (r)  acid-etch preparation; and

             (s)  fabrication and insertion of mouth guards.

             (2)  A registered dental assistant may perform, under the direct supervision of a practitioner, other duties in accordance with recognized advanced training modules as approved by the board.

             (3)  The National Scope of Practice for Dental Assisting referenced in subsection (1) is the scope of practice for dental assisting which is based on the Canadian Dental Assistants Association National Occupational Analysis and the National Dental Assisting Examining Board Domain Description as identified through the accreditation process for dental assisting by the Commission on Dental Accreditation of Canada.

49/12 s13

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Rep. by 53/13 s5

      14. [Rep. by 53/13 s5]

53/13 s5

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Registered dental technicians

      15. (1) A registered dental technician working with and under a prescription and related designs, impressions or casts furnished by an authorized prescriber for the case may fabricate, produce, reproduce, construct, furnish, supply, alter or repair, as prescribed by the case, a prosthetic denture, bridge, appliance or thing to be used in, upon or in connection with a human tooth, jaw or associated structure or tissue.

             (2)  A registered dental technician shall not use materials other than those prescribed by the authorized prescriber for the case.

             (3)  A registered dental technician shall comply with quality assurance standards, policies and recommendations of the board.

49/12 s15

PART III
GENERAL

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Non-practising status

      16. (1) A person who holds a dental auxiliary licence issued under the Act and these regulations who does not wish to practise in the province for a period of time may apply to the registrar for non-practising status.

             (2)  A person who has elected non-practising status may apply to be reinstated to practising status and, on complying with the requirements of section 10 or 12 as applicable, shall be reinstated to practising status.

49/12 s14; 53/13 s6

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Other assistants

      17. Notwithstanding the Act or other provisions of these regulations, a person who is not registered and licensed under the Act may provide the following services under the direct supervision of a practitioner:

             (a)  assistance with laboratory procedures;

             (b)  assistance with practice management procedures; and

             (c)  assistance with clinical support procedures including

                      (i)  suctioning of the oral cavity,

                     (ii)  passing of instruments,

                    (iii)  mixing of dental materials,

                    (iv)  developing of exposed x-ray film, and

                     (v)  pouring of study models and casts in dental stone.

49/12 s17

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Change of address

      18. A person registered under these regulations shall notify the registrar of a change of address or a change or addition of employer within 10 days of the change.

49/12 s18

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Display of registration

      19. (1) For a person registered under these regulations, the registration certificate shall be displayed at the location of the premises where the registrant usually provides services. 

             (2)  In cases of more than one location the registrar shall provide duplicate registration certificates.

49/12 s19

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Advertising

      20. (1) A dental auxiliary shall not advertise except in accordance with the by-laws of the board.

             (2)  A person shall not advertise on behalf of a dental auxiliary except in accordance with the by-laws of the board.

49/12 s20

PART IV
REPEAL

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Repeal

      21. The Dental Auxiliaries' Regulations , Consolidated Newfoundland and Labrador Regulation 1013/96, are repealed.

49/12 s21