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South African Dental Association - Legal Mouthpiece

Dental Technicians Amendment Act, 1997

The above Act amends the Dental Technicians Act, 1979. Some of the more important changes are highlighted for information purposes. It is not meant to be a comprehensive guide to the amendments to the principal Act.

Its aims are to provide for:-

  1. recognition of the professions of dental technologist and clinical dental technologist;
  2. constitution of a new Dental Technicians Council;
  3. re-election or re-appointment of a member of that Council for one further term only;
  4. extension of the acts which may be performed by a dental laboratory assistant and their registration;
  5. direct billing of patients or medical aid schemes by dental technician contractors;
  6. a business of a dental technician or dental technologist may be carried out by associations or juristic persons;
  7. imposition of fines upon conviction for misconduct and increase penalties;

Definitions

The Act introduces and recognises a new professional known as the "dental technologist" and "clinical dental technologist".

A "clinical dental technologist" is a person trained in treating patients requiring complete artificial dentures and registered with the Council.

A "dental technologist" is a person who has acquired BTech.Dent.Tech degree and registered as such.

The definition of "dental laboratory assistant" has been amplified to include any person employed as such by a dentist, clinical dental technologist, dental technician or dental technologist.

Similarly the definition of "dental technician contractor" has been amplified.

Dental Technicians Council ("Council")

The Minister of Health is empowered to appoint 5 (five) persons (previously only 3) to the Council.

The Minister of Health has appointed or elected the following persons to serve on the Dental Technicians Council for a period of 5 (five) years from April 1998 to 31 March 2003. They are:-

Director of Oral Health – Dept of Health Dr F J Smit
Dentist attached to a University having a dental faculty – Medunsa, appointed by Min. of Health Prof T S Gugushe
Dental Technician attached to an institution where they are educated and trained Mr Z Fatagodien
3 (three) members of the public appointed after nomination called through the media, at least one of whom is appointed on account of his or her knowledge of law (previously 1 member) Ms T M Solomon
Ms L B G Mpahlwa
Mr M M Mthembu
2 (two) Dental Technician Contractors appointed by Contractors Mr A M du Plessis
Mr A P Pretorius
2 (two) practising dental technicians or dental technologists Mr E V Gebhardt
Mr W A Morton
1 (one) dentists elected by dentists (previously 3 dentists were nominated and elected) Dr H Heydt

s 8

In the past RAMS in the case of tariff of fees and DASA would be make representations to the Council. Now it is provided that any association or body of person who are representative of dentists, clinical technologists, dental technicians or dental technologists may make representations to the Council on conditions of employment and tariff of fees.

s 11

The Council must approve persons or institutions who will provide education and training to practice as a dental technician or dental technologist. A fine of R10000,00 may be imposed on conviction against any person guilty of an offence.

s 22

The Minister in consultation with the Council (previously on recommendation of the Council) prescribe qualifications for registration as a dental technician or a dental technologist.

s 27

The dental technologist may now in addition to the dentist attend to the supply, repair, alter, work upon, make any artificial denture or other dental appliance. (previously only a dentist could do so).

s 29

The clinical dental technologist is in addition to the dentist and or dental technician contractor entitled to be a owner of a laboratory.

The prohibition of a dentist owner of a dental laboratory doing work for any person other than his/her patients is retained and extended to clinical dental technologist.

In future on a date to be announced by the Minister no person who does not posses a B.Tech.Dent.Tech. degree shall be entitled to supervise a dental laboratory unless that person did so before the specified date.

s 32

The prohibition of a dental technician and extended to dental technologist accepting or giving discounts, commissions or remuneration on the tariff of fees to dentists is retained.

A new provision introduced is the right of the dental technician contractor to claim directly from the patient or the medical aid scheme for services rendered from a date to be determined by the Minister of Health.

S 32A

This Is An Entirely New Provision.

It entitles dental technicians or dental technologist to carry on their profession in partnership provided the partners are either dentists or dental technologists on the one hand, or dental technicians or dental technologists on the other hand.

The dental technician or dental technologist may practice their profession in association subject to compliance of certain administrative duties to the Council.

In the case of association of dentists or clinical dental technologists conducting a dental laboratory, only work for the patients may be carried out. All the associates must practice and operate the laboratory on the same premises.

The business of a dental technician or dental technologist may be carried on in the name of a incorporated company or a close corporation. (the latter not being available to dentists).

Fines

All provisions, which impose a penalty for failure to comply with a provision of the Act, has been revised. All references to imposition of small fines alternatively imprisonment for a period or both has been substituted by only a fine of a substantial amount.

15/10/98

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