Establishment of the Council
(1) A body corporate by the name of the Malaysian Dental Council is established. (2) The Council shall have perpetual succession and a common seal. (3) The Council may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, the Council may, upon such terms as it thinks fit, enter into contracts.
Functions of the Council
The Council shall have the following functions: (a) to recognize qualifications for registration of practitioners under this Act; (b) to approve post-graduate qualifications to register as dental specialists; (c) to register and issue certificates to dental practitioners; (d) to register and issue certificates to dental specialists; (e) to determine the criteria for registration of dental specialists; (f) to regulate examinations for registration of dental surgeons; (g) to regulate the period of compulsory service of dental practitioners; (h) to regulate the standards of practice of dental practitioners; (i) to regulate the ethics and professional conduct of dental practitioners; (j) to regulate the scope of practice of practitioners; and (k) to do such other things as may be required or permitted to do under this Act.
Powers of the Council
(1) The Council may do all things necessary or expedient for, or in connection with, the performance of its functions under this Act. (2) Without prejudice to the generality of subsection (1), the Council may— (a) approve or reject applications for registration of dental practitioners and dental specialists under this Act or approve any such applications subject to such conditions and restrictions as it thinks fit to impose; (b) impose as it thinks fit fees or any other charges as prescribed in the Fourth Schedule in the performance of its functions and the exercise of its powers; (c) pay allowances and other expenses of the members of the Council and committees; (d) employ such number of employees as the Council thinks necessary upon such terms and conditions of service as may be determined by the Council for carrying out the purposes of this Act; (e) pay remuneration, allowances and other benefits to the employees; and (f) appoint any practitioner to represent the Council in any committee, panel or institution where that person would subsequently make recommendations to the Council on all matters relating to qualifications for admission to the profession.
Membership of the Council
(1) The Council shall consist of the following members: (a) the Director General who shall be the President; (b) the Principal Director who shall be the Dental Registrar; (c) six dental surgeons from among the academic staff of the dental faculties of the accredited local training institutions to be appointed by the Minister, three of whom shall be from the public sector and three of whom shall be from the private sector; (d) six dental surgeons to be nominated by the President and appointed by the Minister, three of whom shall be from the public sector and three shall be from the private sector; (e) four dental surgeons from the public sector, resident in Peninsular Malaysia, to be elected by the dental surgeons resident in Peninsular Malaysia; (f) four dental surgeons from the private sector, resident in Peninsular Malaysia, to be elected by the dental surgeons resident in Peninsular Malaysia; (g) one dental surgeon resident in Sabah to be elected by the dental surgeons resident in Sabah; (h) one dental surgeon resident in Sarawak to be elected by the dental surgeons resident in Sarawak; and (i) two dental therapists who are members of the Board nominated by the Board and appointed by the Minister. (2) A dental surgeon shall not be appointed as a member of the Council under paragraph (1)(c) or (d) or elected to be a member of the Council under paragraphs (1)(e) to (h) unless— (a) he is a citizen of Malaysia; (b) he resides in Malaysia; (c) he holds a valid annual practising certificate; and (d) he has been registered with the Council and practising in Malaysia for not less than seven years. (3) A dental surgeon shall not be eligible to nominate a member of the Council under paragraphs (1)(e) to (h) unless— (a) he is a citizen of Malaysia; and (b) he holds a valid annual practising certificate. (4) The nomination and election of the members of the Council referred to in paragraphs (1)(e) to (h) shall be conducted in the prescribed manner. (5) A dental surgeon shall not at the same time serve as a member of the Council in more than one capacity. (6) The provisions of the First Schedule shall apply to the members of the Council.
Power of Minister to appoint members of the Council
(1) For the purposes of paragraphs 6(1)(e) to (h), the Minister may appoint any dental surgeon qualified to be so nominated or elected to be the member of the Council if the dental surgeons fail to nominate the member of the Council by such date as may be specified in the notice of and request for nomination. (2) Any dental surgeon appointed under subsection (1) shall be deemed to be a member as if he had been duly nominated or elected.
Disqualification from appointment, nomination or election
(1) A dental surgeon shall not be qualified to be appointed, nominated or elected as a member of the Council under paragraphs 6(1)(c) to (h) if— (a) he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine; (b) he is an undischarged bankrupt; (c) his name has at any time been removed from the Dental Register; or (d) his name has been removed from any register of dental practitioners or its equivalent maintained in any place outside Malaysia as a result of any misconduct or disciplinary proceedings. (2) Any dental surgeon whose name has been suspended from the Dental Register shall not be eligible to be appointed, nominated or elected, as the case may be, under paragraphs 6(1)(c) to (h) for a period of six years after the expiration of the suspension. (3) Any dental surgeon who has been reprimanded under paragraph 58(1)(c), shall not be eligible to be appointed, nominated or elected, as the case may be, under paragraphs 6(1)(c) to (h) for a period of three years from the date of such reprimand. (4) A member who has been appointed or elected under this Act shall be deemed to have vacated his seat as a member of the Council if— (a) he is no longer a citizen of Malaysia; (b) he no longer resides in Malaysia; (c) he no longer holds a valid annual practising certificate; (d) he is an undischarged bankrupt; (e) he is no longer eligible under subsection 6(1); (f) he, subject to the periods stipulated in subsections (2) and (3), has been punished by the Council under section 58; (g) his name has been removed from any register of dental practitioners maintained in any place outside Malaysia as a result of any misconduct or disciplinary proceedings; or (h) he has been found guilty by a court for any offence involving fraud, dishonesty or moral turpitude, or for any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine.
Revocation and resignation of members of the Council
(1) The Minister may, at any time after consulting the President, revoke the appointment of any member of the Council appointed under paragraph 6(1)(c), (d) or (i). (2) T h e m e m b e r o f t h e C o u n c i l a p p o i n t e d u n d e r paragraph 6(1)(c), (d) or (i) or elected under paragraphs 6(1)(e) to (h) may at any time resign his office by a notice in writing to the President.
Temporary exercise of functions of the President
(1) The Dental Registrar shall act as the President for the period when— (a) the office of the President is vacant; (b) the President is absent from duty or from Malaysia; or (c) the President is, for any other reason, unable to carry out his functions. (2) The Dental Registrar shall, during the period in which he is carrying out the functions of the President under this section, be deemed to be the President.
Secretary to the Council
(1) The Director General shall appoint a dental officer of the Ministry of Health to be the Secretary to the Council. (2) The Secretary shall be responsible for the following: (a) the day to day management of the affairs of the Council; (b) the implementation of the decisions of the Council; and (c) the carrying out of any other duties as directed by the Council. (3) The Secretary shall, in carrying out his responsibilities, act under the power and direction of the Council. (4) The Director General may appoint any officer of the Ministry of Health to assist the Secretary in carrying out his functions.
Committees of the Council
(1) The Council may establish committees as the Council considers necessary or expedient to assist the Council in the performance of its functions or in the exercise of its powers. (2) A committee established under subsection (1)— (a) shall be chaired by a dental surgeon appointed by the Council; (b) shall be subject to, and act in accordance with, any direction given to the committee by the Council; and (c) shall conform to any procedure determined by the Council. (3) The Council may appoint any person as a member of any such committee. (4) A member of a committee shall hold office for such term as the Council may specify in his letter of appointment and be eligible for reappointment. (5) The Council may, at any time, revoke the appointment of any member of a committee. (6) A member of a committee may, at any time, resign by giving a notice in writing to the President. (7) The Council may, at any time, alter the composition of or dissolve a committee.
Allowances for members of the Council, etc.
The members of the Council and committees and any other person invited to attend any meeting or deliberation of the Council and the committees shall be paid such allowances or expenses as may be determined by the President.
Appointment of employees of the Council
(1) The Council may appoint or employ such number of employees on such terms and conditions as the Council thinks appropriate for carrying out the purposes of this Act. (2) The employees referred to in subsection (1) shall be paid such remuneration, allowances and benefits and whose appointment shall be on such terms as the Council thinks fit. (3) A person shall not be eligible for employment as an employee of the Council if he, directly or indirectly, by himself or his partner, has any share or interest in any contract or proposed contract with, for or on behalf of the Council.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).