CHAPTERS OF THE DENTIST ACT OF INDIA 1948.• Chapter 1 : Introduction.• Chapter 2 : Dental Council of India.• Chapter 3 : State Dental Councils.• Chapter 4 : Registration.• Chapter 5 : Miscellaneous.
CHAPTER 1 : Introduction.Short title and extent:• This act may be called the Dentist Act,1948.• It extends to the whole of India.
CHAPTER 1 : Introduction. Interpretation of the Act:• “The Council” means The Dental Council Of India.• “Dental Hygienist” means a person not being a dentist or a medical practitioner , who scales, cleans or polishes the teeth or gives instruction in dental hygiene.• “Dental Mechanic” means a person who makes or repairs denture and denture appliances.
CHAPTER 1 : Introduction. Interpretation of the Act:• “Dentist” is a person who practices dentistry.• “Dentistry” includeso The performance of any operation on, and the treatment of any disease, deficiency or lesion of the human teeth or jaws and the performance of radiographic work in connection with human teeth or jaws or the oral cavity
CHAPTER 1 : Introduction. Interpretation of the Act:o The giving of any anesthetic in connection with and such operation or treatment.o The mechanical construction or the renewal of artificial dentures or restorative dental appliances.o The performance of any operation on, or the giving of any treatment , advice or attendance to any person for the purpose of or in connection with the fitting , inserting, fixing, constructing, repair or renewing of artificial dentures or restorative dental appliance and the performance of any such operation and the giving of any such treatment , advice or attendance as is usually
CHAPTER 2 : Dental Council Of India. Constitution and Composition. Mode Of Elections. President and Vice-President. The Executive Committee. Recognition of Dental Qualifications. Qualification of Dental Hygienists. Qualification of Dental Mechanics. Withdrawal of Recognition. Mode of Declarations Professional Conduct. The Indian Register.
CHAPTER 2 : Dental Council Of India. Constitution and composition of the council: The Central Government shall constitute a council consisting of the following members• One registered dentist possessing a recognized dental qualification elected by the dentists registered in part A of each state register.• One member elected from amongst themselves by the members of the Medical Council Of India• One member from each university established by law in the states which grants a recognized dental qualification, to be elected by the members of the Senate of the University
CHAPTER 2 : Dental Council Of India. Constitution and composition of the council:• One member to represent each state nominated by the government of each such state from among persons registered either in a medical or dental register of the state.• Six members nominated by the Central Government , of whom at least one shall be a registered dentist possessing a recognized qualification and practicing or holding an appointment in an institution for the training of dentists, and at least two shall be dentists registered in Part B of a state register.• The Director General of Health Services (ex-official)
CHAPTER 2 : Dental Council Of India. Incorporation Of Council:• The council shall be a body corporate by the name of the Dental Council Of India having perpetual succession and a common seal. Mode Of Elections:• Elections shall be conducted in the prescribed manner and where any dispute arises regarding any such election , it shall be referred to the central government whose decision shall be final.
CHAPTER 2 : Dental Council Of India. President and vice president of the council:• The President and Vice President of the council shall be elected by the members from among themselves.• An elected President or Vice President shall hold office for a term not exceeding five years and not extending beyond the expiry of his term as member of the council , but subject to his being as a member of the council , he shall be eligible for re election
CHAPTER 2 : Dental Council Of India. The Executive Committee:• The Council shall constitute from among its members, an Executive Committee or other committees necessary for carrying out its functions under this act.• The Executive Committee shall consist of the President and the Vice President ex-official and the Director General of Health Services ex-official and five other members elected by the council.• The President and the Vice president of the council shall be Chairman and Vice chairman respectively, of the Executive Committee.
CHAPTER 2 : Dental Council Of India. The Executive Committee:• A member of the Executive Committee shall hold office until the expiry of his term of office as member of the council and subject to his being a member of the council, he shall be eligible for election.• In addition to the powers and duties conferred and imposed on it by this Act, the Executive Committee shall exercise and discharge such powers and duties as may be prescribed .
CHAPTER 2 : Dental Council Of India. Recognition of Dental Qualification:• The dental qualifications granted by any authority or institution in India, which are included in Part I of the schedule shall be recognized dental qualifications for the purpose of this act.• Any authority or institution in India which grants a dental qualification not included in Part I of the schedule may apply to the central government to have such qualification recognized and included in that part and the Central Government , after consulting with the council, may, by notification in the official gazette amend Part I of the schedule for declaration of the recognition to the institution.
CHAPTER 2 : Dental Council Of India. Qualification Of Dental Hygienists:• Any authority in a state which grants a qualification for dental hygienists may apply to the council to have such qualifications recognized and the council may, after consulting the government and the state council in which authority of making the application is situated, declare that such qualification when granted after a specified date, shall be a recognized dental hygiene qualification for the purpose of this act.
CHAPTER 2 : Dental Council Of India.Qualifications Of Dental Mechanics:• The Council may prescribe the period and nature of an apprenticeship or training which shall be undergone and the other conditions which shall be satisfied by a person before he is entitled to be registered under this act as a dental mechanic.
CHAPTER 2 : Dental Council Of India. Withdrawal Of Recognition:• When upon report by the Executive Committee it appears to the council that the courses of study and training or the examinations to be undergone , the conditions of admission to such courses , the standards of proficiency required from the candidates etc are not in confirmation with regulations made under this act or fall short of the standards required thereby.• When an institution does not satisfy the requirements of the council in the matter of staff, equipment, accommodation, training and other
CHAPTER 2 : Dental Council Of Mode Of Declaration: India.• All declarations shall be made by a resolution passed at the meeting of the council and shall be published in the official gazette. Professional Conduct:• The Council may prescribe the standards of professional conduct and etiquette or the code of ethics for dentists.• Regulations made by the Council may specify which violation shall constitute professional misconduct.
CHAPTER 2 : Dental Council Of India. The Indian Register:• The Council shall maintain a register of dentists to be known as the Indian Dentists Register and consisting of the entries in all the state registers of India.• Each State Council shall supply to the council, twenty printed copies of the state register after the first day of April each year and each registrar shall inform the Council of all the additions or amendments in the state register.
CHAPTER 3 : State Dental Councils.Constitution and composition.Mode of Elections.President and Vice-President.Executive Committee.
CHAPTER 3 : State Dental Councils. Constitution and Composition:• Four members elected from among themselves by dentists registered in Part A of the state register.• Four members elected from among themselves by dentists registered in Part B of the state register.• The heads of Dental Colleges in the state.• One member elected from amongst themselves by members of the Medical Council.• Three members nominated by the State government• The Chief Medical Officer of the state
CHAPTER 3 : State Dental Councils.Mode Of Elections:• Elections shall be conducted in the prescribed manner and where any dispute arises it shall be referred to the State Government whose decision is final.
CHAPTER 3 : State Dental Councils. President and Vice-President:• They shall be elected by members among themselves, provided that for five years from the first constitution of the State Council, the President shall, if the State government so decides be a person nominated by the state government.• The President or Vice-President shall hold office for a term not exceeding five years and not extending beyond the expiry of his term as a member of the State Council.
CHAPTER 3 : State Dental Councils. The Executive Committee:• Consisting of the President and Vice- President and the Chief Medical Officer of the state or states concerned.• President and Vice-President shall be the Chairman and Vice-Chairman of the committee respectively.
CHAPTER 4 : Registration. Preparation and Maintenance Of Register. Registration Of Dental Hygienists and Dental Mechanics. Renewal Fees. Effect Of Registration. Transfer of Registration.
CHAPTER 4 : Registration. Preparation and Maintenance Of Register:• The State Government shall prepare a register of dentists for the State.• The State Council shall assume the duty of maintaining the register according to the Act.• The register of dentists shall be maintained in two parts, A and B. Persons possessing recognized dental qualification being registered in Part A and persons not possessing such qualifications being registered in Part B.
CHAPTER 4 : Registration. Preparation and Maintenance Of Register:• The register shall include the following particulars namely,a) Full name, nationality , residential address.b) Date of first admission to the register.c) Qualification for registration and date of graduation along with the authority which conferred it.
CHAPTER 4 : Registration.Registration Of Dental Hygienists and Dental Mechanics.• The State Government may, by notification in the official gazette, direct that the State Council shall maintain a register of Dental Hygienists and Dental Mechanics.
CHAPTER 4 : Registration. Renewal Fees:• The State Government may direct that for the retention of a name in a register after the 31st day of December, following the year in which the name is first entered in the register, there shall be paid annually to the State Council such renewal fees as prescribed.• Where a renewal fees is not paid before the due date, the registrar shall remove the name of the defaulter from the register .• On payment of the renewal fees, the registrar shall issue a certificate of renewal.
CHAPTER 4 : Registration.Effect Of Registration:1. Any reference to a person recognized by the law as a dentist shall be deemed to be a reference to a dentist registered under this act.2. No certificate required by the law from a dentist shall be valid unless the person signing it is registered as a dentist under this act.3. Any person who is a registered dentist in a state may practice as such in any other state.
CHAPTER 4 : Registration.Transfer of Registration.• Where a dentist recognized in one state, is practicing dentistry in another state, he may, on payment of the prescribed fee, make an application to the Council for the transfer of his name from the register of the state in which he is registered to that of the state in which he is practicing dentistry.
CHAPTER 5 : Miscellaneous.• If any person, whose name is not for the time being entered in a register falsely represents that it is so entered, he shall be punishable on first conviction with fine, which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.
CHAPTER 5 : Miscellaneous.• If any person not being a person registered in a register of dentists, takes or uses the description of dental practitioner or a person not possessing a recognized dental qualification, he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment of up to 6months or with fine of thousand rupees or with both.• The Dentist Amendment Act 1993 came into force on 27th August 1992 to regulate recognition and management of Dental Institutions.
Case Study-Dentist to compensate for extracting wrong tooth Case-Poonam Devi Vs Dr.Ashima Kohli Jul 9,2010Facts of the case:• According to the complaint, Poonam Devi in June 2009 had gone to Ashima Kohli’s private dental clinic Sector 30 in Chandigarh.• She visited the clinic as she had pain in her lower jaw. Earlier, a doctor had suggested the extraction of my sixth tooth in the lower jaw, as it was infected. She apprised Kohli about this, but she diagnosed that the seventh tooth was causing pain.
Poonam Devi Vs Dr.Ashima Kohli• Dr.Kohli extracted the seventh tooth, but it did not bring Mrs.Devi any relief.• On June 16, 2009, she again felt the pain and visited Dr Kohli, who diagnosed that it was the seventh tooth that was carious.• She also prescribed medicines for three days and advised Poonam to visit the clinic on June 18 if pain continued.
Poonam Devi Vs Dr.Ashima Kohli• The complainant said she visited the clinic on the said date and told Dr Kohli that the government clinic dentist had found her sixth tooth to be infected.• She added that the doctor said she would take note of it at the time of extracting the tooth, which was done on the same day.• Later, the patient was prescribed medicines for five days. She stated that Dr Kohli did not x-ray her tooth before pulling it out.
Poonam Devi Vs Dr.Ashima Kohli• The dentist told her that in case there was swelling in her mouth, Poonam should visit the clinic on June 20. The petition mentioned that Poonam went to the clinic with her husband on that date as the inflammation emerged.• The patient mentioned that the doctor checked her tooth and her husband pointed out that the carious tooth was still intact and causing pain. When they asked why the wrong tooth had been pulled, Dr Kohli allegedly told them to get out of the clinic.
Poonam Devi Vs Dr.Ashima Kohli• Later, Poonams husband complained to the police about the dentists behaviour.• Following this, Devi and her husband approached the consumer forum.• In her reply before consumer forum, Dr Kohli stated that she had extracted the carious tooth, and so, there had been no deficiency in service on her part.
Poonam Devi Vs Dr.Ashima Kohli• The consumer forum referred the medical reports to Chandigarhs Postgraduate Institute of Medical Education and Research (PGIMER).• A special team of senior doctors was constituted to look into the matter, which gave its decision in the favour of Devi.
Poonam Devi Vs Dr.Ashima Kohli• The dentist Dr.Kohli, accused of extracting a wrong tooth, was directed by a consumer dispute forum to pay Rs.57,200 as compensation to the patient.• The district consumer disputes redressal forum directed Kohli to pay a compensation of Rs.50,000 for causing mental agony and harassment to the complainant, Rs.5,000 for covering the cost of litigation and Rs.2,200 for the medical expense.
SEMINAR REPORT• Total No of YAWNS : 100+• Total No of Listeners: ……..• Total No of Daydreamers : A lot!!!• Total No of Mobile SMS’ers : A lot!!!• Total No of Questions asked : None!
Bibliography:• Essentials Of Preventive Dentistry 3rd Edition.• Essentials Of Preventive Dentistry 4th Edition.• www.dciindia.org/dentistact_1948_pages /dentistact_1948.html• http://en.wikipedia.org/wiki/Dental_Council _of_India• http://www.ncbi.nlm.nih.gov/pubmed