Registrar
(1) For the purposes of this Act, there shall be—
(a) a Dental Registrar; and
(b) a Dental Therapists Registrar.
(2) The Principal Director shall be Dental Registrar, who shall have the following functions:
(a) the issuance of certificates to dental practitioners; and
(b) the maintenance of the Dental Register, the Dental Temporary Practising Certificate Register and the Conditional Register.
(3) The Head of Profession of Dental Therapists shall be the Dental Therapists Registrar, who shall have the following functions:
(a) the issuance of certificates to dental therapists; and
(b) the maintenance of the Dental Therapists Register and the Dental Therapists Temporary Practising Certificate Register.
(4) The Dental Register, the Dental Therapists Register, the Conditional Register, the Dental Temporary Practising Certificate Register and the Dental Therapists Temporary Practising Certificate Register shall be maintained in both physical and electronic forms as prescribed.
Register
(1) The Dental Register shall consist of the following divisions:
(a) Division I, which shall be in respect of persons registered as a dental surgeon;
(b) Division II, which shall be in respect of persons registered as a dentist; and
(c) Specialist Division, which shall be in respect of persons registered as a dental specialist.
(2) The Conditional Register shall consist of names and other particulars of persons registered under section 36.
(3) The Dental Therapists Register shall consist of the following divisions:
(a) Division A, which shall be in respect of persons registered as a dental therapist; and
(b) Division B, which shall be in respect of persons registered as a post-basic dental therapist.
(4) The Dental Temporary Practising Certificate Register and the Dental Therapists Temporary Practising Certificate Register shall consist of names and other particulars of persons registered under section 40.
(5) Any person may, on payment of the fee as prescribed in the Fourth Schedule, obtain an extract of an entry in the Dental Register, the Conditional Register, the Dental Therapists Register, the Dental Temporary Practising Certificate Register and the Dental Therapists Temporary Practising Certificate Register.
(6) The Dental Register and the Dental Therapists Register maintained under this Act shall be deemed to be a public document within the meaning of the Evidence Act 1950 [Act 56].
Alterations in Register
(1) The Dental Registrar or the Dental Therapists Registrar may insert and attest in the Dental Register or in the Dental Therapists Register, as the case may be—
(a) any alteration which may come to his knowledge in the name or address of any dental practitioner or any dental therapist registered under this Act; and
(b) any alteration in the qualifications, additional qualifications and other particulars required to be altered under this Act.
(2) Any person registered under this Act who obtains any dental qualification other than the qualification with which he was registered may apply to the Council or the Board to alter the Dental Register or the Dental Therapists Register so far as it relates to his qualifications.
(3) The Council or the Board shall decide what other degrees or additional qualifications shall be admitted to be entered in the Dental Register or the Dental Therapists Register.
Removal of names from Register
(1) The Dental Registrar or the Dental Therapists Registrar shall remove from the Dental Register or the Dental Therapists Register, as the case may be, the name and other particulars of a dental practitioner or a dental therapist—
(a) who has died;
(b) who is no longer practising dentistry;
(c) who has, after due inquiry by a Fitness to Practice Panel, been found to be unfit to perform his professional duties, by reason of his mental or physical infirmity, or been found to be incompetent to carry out his professional duties as a dental practitioner or a dental therapist; or
(d) who has, after due inquiry by the Council or the Board, as the case may be, been found to have been registered through an error as to his qualifications for registration, and was not at the time of his registration entitled to be registered.
(2) The Dental Registrar shall notify the dental practitioner, or the Dental Therapists Registrar shall notify the dental therapist, of the removal of his name under paragraph (1)(b), (c) or (d).
(3) The Dental Registrar or the Dental Therapists Registrar shall publish in the Gazette the names of every dental practitioner or dental therapist whose registration has been removed under paragraph (1)(b), (c) or (d).
Restoration of name in Register
(1) Where the registration of a practitioner has been removed under paragraph 27(1)(b), (c) or (d), he may apply to the Council or the Board, as the case may be, for his name to be restored to the Dental Register or the Dental Therapists Register, as the case may be.
(2) The Council or the Board, as the case may be, may, at its discretion, upon application made to it, order that the name of the applicant be restored in the Dental Register or the Dental Therapists Register, as the case may be, subject to such conditions and restrictions as he may impose, or may reject the restoration of the name.
(3) Any practitioner whose name has been removed from the the Dental Register or the Dental Therapists Register by virtue of paragraph 27(1)(c) shall not be registered again unless he has been certified by a Fitness to Practise Panel that his mental or physical condition, as the case may be, warrants such registration.
Qualifications for registration as dental surgeon
(1) A Malaysian citizen may apply to the Dental Registrar to be registered as a dental surgeon if—
(a) he holds a qualification granted by an accredited local training institution;
(b) he has been certified by the Dental Qualifying Committee to have fulfilled the requirements of the Professional Qualifying Examination; and
(c) he has proven to the satisfaction of the Dental Registrar that he is a fit and proper person and is of good character.
(2) Notwithstanding paragraph (1)(a), a Malaysian citizen who does not hold a qualification granted by an accredited local training institution may apply to the Dental Registrar to be registered as a dental surgeon if—
(a) he has attended a dental training in a training institution where the standard of dental training and examination in that training institution meets the standard specified by the Council;
(b) he has proven to the satisfaction of the Council that he is a fit and proper person and is of good character; and
(c) he, having fulfilled the requirements under paragraphs (a) and (b), passes the Professional Qualifying Examination conducted by the Dental Qualifying Committee.
(3) The Council may order the applicant in subsection (2) to undergo further training before allowing such applicant to sit for the Professional Qualifying Examination.
(4) For the purposes of this section, the Dental Qualifying Committee is established—
(a) to determine the standard and the assessment of the Professional Qualifying Examination for a dental surgeon;
(b) to conduct the Professional Qualifying Examination for a dental surgeon or appoint any other agency to conduct the Professional Qualifying Examination;
(c) to certify any person who has fulfilled the requirements of the Professional Qualifying Examination; and
(d) to conduct any examination for the registration of dental specialists.
Qualifications for registration as dental therapist
A Malaysian citizen may apply to the Dental Therapists Registrar to be registered as a dental therapist if—
(a) he holds any of the recognized qualifications listed in the Second Schedule, granted by an institution specified in relation to that qualification; and
(b) he has proven to the satisfaction of the Dental Therapists Registrar that he is a fit and proper person and is of good character.
Registration of dental surgeon and dental therapist
(1) An application for registration—
(a) as a dental surgeon, shall be made to the Dental Registrar; and
(b) as a dental therapist, shall be made to the Dental Therapists Registrar.
(2) The application under subsection (1) shall be made in the prescribed form together with the documents, information and particulars as may be determined by the Council or the Board, as the case may be, and such application shall be accompanied by the fee as prescribed in the Fourth Schedule.
(3) The Dental Registrar or the Dental Therapists Registrar shall consider the application under subsection (1), and may require the applicant to produce further information or documents in support of the application.
(4) Where the Dental Registrar approves the application under subsection (1) in relation to a dental surgeon, the Dental Registrar shall issue a certificate of registration to the applicant and enter his name in Division I of the Dental Register.
(5) Where the Dental Therapists Registrar approves the application under subsection (1) in relation to a dental therapist, the Dental Therapists Registrar shall issue a certificate of registration to the applicant and enter his name in Division A of the Dental Therapists Register.
(6) Where the Dental Registrar or the Dental Therapists Registrar refuses the application under subsection (1), the Dental Registrar or the Dental Therapists Registrar, as the case may be, shall notify the applicant of his decision by a notice in writing.
(7) Any applicant who is aggrieved by the decision of the Dental Registrar or the Dental Therapists Registrar under subsection (6) may, within thirty days of the date of the notice in subsection (6), appeal in writing to the Council or the Board, as the case may be, and appear before the Council or the Board, as the case may be, and be heard personally or through his advocate and solicitor.
Restriction on registration
(1) The Council or the Board may direct the Dental Registrar or the Dental Therapists Registrar, as the case may be, not to enter the name of any person applying for registration as a dental surgeon or a dental therapist in the Dental Register or the Dental Therapists Register if—
(a) he has, at any time, been found guilty of an offence involving fraud, dishonesty or moral turpitude, or an offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine;
(b) he has, after due inquiry, been found by the Council or the Board to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character;
(c) he has contravened any provisions of this Act or any regulations made under this Act;
(d) his name has since been removed from the register of dental practitioners or register of dental therapists, or from the roll of any dental college or licensing body maintained in any place outside Malaysia, as a result of any misconduct or disciplinary proceedings; or
(e) he has, after due inquiry by a Fitness to Practice Panel, been found to be incapable by reason of physical or mental infirmity, or been found to be incompetent to perform his professional duties.
(2) Where the Council or the Board refuses to enter the person’s name in the Dental Register or the Dental Therapists Register, the Dental Registrar or the Dental Therapists Registrar, as the case may be, shall notify such person as soon as practicable of the refusal.
(3) Upon the inquiry under paragraph (1)(e), the applicant shall be entitled to appear before the Council or the Board, as the case may be, and be heard personally or by his advocate and solicitor.
Fitness to Practice Panel
(1) The Council or the Board may establish an ad hoc Fitness to Practice Panel to evaluate the medical condition of a dental practitioner or a dental therapist.
(2) The Fitness to Practice Panel shall consist of the following members:
(a) two medical practitioners, one of whom shall be a specialist; and
(b) one dental surgeon, who shall be the chairperson.
(3) In addition to the members specified in subsection (2), the Council or the Board shall appoint a dental therapist to be a member of the Fitness to Practise Panel in cases where the Fitness to Practise Panel is required to evaluate the medical condition of a dental therapist.
(4) The Fitness to Practice Panel—
(a) shall, by a notice in writing, require the dental practitioner or dental therapist to submit a medical report from a Government hospital in the prescribed form within two months of the date of the notice; and
(b) may, by a notice in writing, require the dental practitioner or dental therapist to appear before the Fitness to Practice Panel on a date, time and place as specified in the notice.
(5) The Fitness to Practice Panel shall report on its findings and make a recommendation to the Council or the Board, as the case may be, within four months of the date of the appointment of such Fitness to Practice Panel.
Registration as dental specialist
(1) A practitioner whose name does not appear in the Specialist Division of the Dental Register shall not practise as a dental specialist in that specialty.
(2) A dental surgeon may apply to be registered as a dental specialist if—
(a) he is registered in Division I of the Dental Register;
(b) he holds any post-graduate specialist qualification as specified by the Council;
(c) he fulfills the requirements of and has been recommended as a specialist by the Dental Specialists’ Evaluation Committee; and
(d) he has proven to the satisfaction of the Dental Registrar that he is a fit and proper person and is of good character.
(3) An application for registration as a dental specialist shall be made to the Dental Registrar in the prescribed form together with such documents, information and particulars as may be determined by the Council and such application shall be accompanied by the fee as prescribed in the Fourth Schedule.
(4) Upon receiving the application under subsection (3), the Dental Registrar shall submit the application to the Dental Specialists’ Evaluation Committee for assessment and recommendation.
(5) The Dental Specialists’ Evaluation Committee shall consider the application under subsection (3) and may require the applicant to produce further information or documents in support of the application.
(6) The Dental Specialists’ Evaluation Committee shall make recommendations to the Dental Registrar whether the application may be approved or refused.
(7) Where the Dental Registrar approves the application under subsection (3), the Dental Registrar shall issue a certificate of registration as a dental specialist to the applicant and enter his name in the Specialists’ Division of the Dental Register.
(8) Where the Dental Registrar refuses the application under subsection (3), the Dental Registrar shall notify the applicant of his decision by a notice in writing.
(9) Any person who is aggrieved by the decision of the Dental Registrar under subsection (8) may, within thirty days of the date of the notice in subsection (8), appeal in writing to the Council and appear before the Council and be heard personally or through his advocate and solicitor.
(10) Any dental practitioner who is eligible to be registered in the Specialist Division of the Dental Register and is registered with the National Specialist Register shall be exempted from the fee as prescribed in the Fourth Schedule.
Registration as post-basic dental therapist
(1) A dental therapist may apply to be registered as a post-basic dental therapist if—
(a) he is registered in Division A of the Dental Therapists Register;
(b) he holds any of the registrable qualifications listed in the Third Schedule, granted by an institution specified in relation to that qualification; and
(c) he has proven to the satisfaction of the Dental Therapists Registrar that he is a fit and proper person and is of good character.
(2) An application for registration as a post-basic dental therapist shall be made to the Dental Therapists Registrar in the prescribed form together with such documents, information and particulars as may be determined by the Board and such application shall be accompanied by the fee as prescribed in the Fourth Schedule.
(3) Where the Dental Therapists Registrar approves the application under subsection (2), the Dental Therapists Registrar shall issue a certificate of registration as a post-basic dental therapist to the applicant and enter his name in Division B of the Dental Therapists Register.
(4) Where the Dental Therapists Registrar refuses the application under subsection (2), the Dental Therapists Registrar shall notify the applicant of his decision by a notice in writing.
(5) Any person who is aggrieved by the decision of the Dental Therapists Registrar under subsection (4) may, within thirty days of the date of the notice in subsection (4), appeal in writing to the Board and appear before the Board and be heard personally or through his advocate and solicitor.
Conditional registration
(1) Any person may apply for conditional registration where such conditional registration is required to fulfill the conditions for registration or employment outside Malaysia if—
(a) he holds a qualification granted by an accredited local training institution;
(b) he has been certified to have fulfilled the requirements of the Professional Qualifying Examination; and
(c) he has proven to the satisfaction of the Dental Registrar that he is a fit and proper person and is of good character.
(2) An application for conditional registration shall be made to the Dental Registrar in the prescribed form together with such documents, information and particulars as may be determined by the Council and such application shall be accompanied by the fee as prescribed in the Fourth Schedule.
(3) Where the Dental Registrar approves the application under subsection (2), the Dental Registrar shall issue a certificate of conditional registration to the applicant.
(4) Where the Dental Registrar refuses the application under subsection (2), the Dental Registrar shall notify the applicant of his decision by a notice in writing.
(5) Any applicant who is aggrieved by the decision of the Dental Registrar under subsection (4) may, within thirty days of the date of the notice in subsection (4), appeal in writing to the Council.
(6) A person who holds a certificate of conditional registration shall not practice dentistry in Malaysia and shall not be eligible to be granted a practising certificate.
Chapter 3 — Practising Certificate
Practising certificate
(1) Any person who practices dentistry shall have a valid practising certificate.
(2) The practising certificate shall specify the principal practising address and all other places of practice of the practitioner.
(3) An application for a practising certificate—
(a) as a dental practitioner, shall be made to the Dental Registrar; and
(b) as a dental therapist, shall be made to the Dental Therapists Registrar.
(4) The application under subsection (3) shall be made in the prescribed form and such application shall be accompanied by—
(a) the evidence of sufficient continuing professional development points obtained as specified by the Council or the Board, as the case may be;
(b) the evidence of Professional Indemnity Cover as required by the Council or the Board;
(c) the evidence of approval or registration under the Private Healthcare Facilities and Services Act 1998 [Act 586] for every private healthcare facility to be entered in the practising certificate;
(d) the fee as prescribed in the Fourth Schedule; and
(e) any other documents or evidence, as may be required by the Dental Registrar or the Dental Therapists Registrar, as the case may be.
(5) Where the Dental Registrar or the Dental Therapists Registrar approves an application under subsection (3), the Dental Registrar or the Dental Therapists Registrar shall issue a practising certificate to the applicant authorizing the applicant to practise as a dental practitioner or a dental therapist for the period and at such healthcare facility as stated on the practising certificate.
(6) Where the Dental Registrar or the Dental Therapists Registrar refuses the application under subsection (3), the Dental Registrar or the Dental Therapists Registrar shall notify the applicant of his decision by a notice in writing.
(7) Any applicant who is aggrieved by the decision of the Dental Registrar or the Dental Therapists Registrar under subsection (6) may, within thirty days of the date of the notice in subsection (6), appeal in writing to the Council or the Board, as the case may be.
(8) A person who has been registered within two years of applying for a practising certificate shall be exempted from showing evidence of sufficient continuing professional development points obtained as required in paragraph (4)(a).
(9) Notwithstanding paragraph (4)(a), any dental practitioner or dental therapist who fails to obtain sufficient continuing professional development points as specified by the Council or the Board may appeal in writing to the President or the Chairman, as the case may be.
Annual practising certificate
(1) Any practitioner who makes an application for an annual practising certificate shall ensure that the application reaches the office of the Dental Registrar or the Dental Therapists Registrar, as the case may be, not later than the first day of November of the year prior to the year for which the application is made.
(2) Notwithstanding subsection (1), where the dental practitioner or the dental therapist applies for an annual practising certificate for the first time, such application may be made at any time during the year, and the applicant shall be granted an annual practising certificate for the remainder of the year in which the application is made.
(3) The annual practising certificate shall be in force until thirty-first December of the year in which it is issued.
(4) Any dental practitioner or dental therapist who fails to apply for the annual practising certificate in accordance with this Chapter shall be deemed to be suspended from the date the current annual practising certificate lapses.
(5) No annual practising certificate may be issued to a dentist unless a report on the inspection of the healthcare facility, in the prescribed form, has been received by the Dental Registrar, during the preceding twelve months, to the effect that the healthcare facility and conditions of practice of that dentist are satisfactory.
Lifting of suspension
(1) A dental practitioner or dental therapist who is deemed to be suspended under subsection 38(4) may apply for the annual practising certificate to the Dental Registrar or to the Dental Therapists Registrar, as the case may be, in the prescribed form together with the documents, information and particulars as may be determined by the Council or the Board, as the case may be, and such application shall be accompanied by the fee and charges for late application as prescribed in the Fourth Schedule.
(2) Where the Dental Registrar or the Dental Therapists Registrar approves an application under subsection (1), the Dental Registrar or the Dental Therapists Registrar shall issue an annual practising
certificate to the applicant and the annual practising certificate shall be in force until thirty-first December of the year in respect of which it is issued, and the suspension shall be lifted.
(3) A dental practitioner or dental therapist who has been granted an annual practising certificate under subsection (2) may, within thirty days of the date the suspension was lifted, appeal in writing to the Council or the Board, as the case may be, for the suspension to be removed from his record.
Temporary practising certificate
(1) A non-Malaysian citizen may apply to the Dental Registrar for a temporary practising certificate to practice dentistry in Malaysia if he fulfils the following conditions:
(a) he is registered outside Malaysia as a dental surgeon or the equivalent of a dental surgeon;
(b) he—
(i) has passed the Professional Qualifying Examination; or
(ii) holds a qualification granted by an accredited local training institution and has been certified by the Dental Qualifying Committee to have fulfilled the requirements of the Professional Qualifying Examination;
(c) he has proven to the satisfaction of the Dental Registrar that he is a fit and proper person and is of good character; and
(d) he proves to the satisfaction of the Dental Registrar that he has an offer of employment or sponsorship.
(2) A non-Malaysian citizen may apply to the Dental Therapists Registrar for a temporary practising certificate to practice dentistry in Malaysia if he fulfils the following conditions:
(a) he is registered outside Malaysia as a dental therapist or the equivalent of a dental therapist;
(b) he holds any of the recognized qualifications listed in the Second Schedule, granted by an institution specified in relation to that qualification;
(c) he has proven to the satisfaction of the Dental Therapists Registrar that he is a fit and proper person and is of good character; and
(d) he proves to the satisfaction of the Dental Therapists Registrar that he has an offer of employment or sponsorship.
(3) A temporary practising certificate shall be in force for a maximum period of twelve months.
(4) The holder of a temporary practising certificate shall not have more than one practising address except with the approval of the Council or the Board, as the case may be.
(5) The Dental Registrar or the Dental Therapists Registrar may at any time cancel the temporary practising certificate granted under this section and such certificate shall lapse from the date of cancellation.
(6) The holder of a temporary practising certificate shall, while the temporary practising certificate remains in force and subject to the conditions and restrictions specified in the temporary practising certificate, be deemed to be registered as a dental surgeon or a dental therapist, as the case may be.
(7) Notwithstanding paragraph (1)(b), the Dental Registrar may issue a temporary practising certificate to any person who holds a specialist qualification, subject to such terms and conditions as the Dental Registrar may determine.
(8) The Dental Registrar may, if he thinks fit, allow the holder of a temporary practising certificate to practice as a dental specialist by stating on the temporary practising certificate the specialty he is allowed to practice.
Privileges of persons having a practising certificate
(1) A dental practitioner or a dental therapist who has a valid practising certificate shall be entitled—
(a) to charge reasonable fee for professional aid, advice, visit or dental treatment; and
(b) to charge for the value of any dental appliances rendered, made or supplied by him to his patients.
(2) No person shall be entitled to recover in any court any charges referred to in subsection (1) unless at the date when such charges were accrued he was a dental practitioner or a dental therapist and had a valid practising certificate.
Display of certificate
(1) A practitioner shall display in a conspicuous place in the principal practising address, other than in a public healthcare facility or in a local training institution, the certificate of registration and the current practising certificate issued to him.
(2) A practitioner shall display in a conspicuous place in any other healthcare facility in which he practises dentistry, other than in a public healthcare facility or in a local training institution, the current practising certificate issued to him.
(3) A dental surgeon who has been issued with a certificate of registration as a dental specialist, shall display in a conspicuous place in the principal practising address, other than in a public healthcare facility or in a local training institution, the certificate of registration as a dental specialist.
(4) A dental therapist who has been issued with a certificate of registration as a post-basic dental therapist shall display in a conspicuous place in the principal practising address, other than in a public healthcare facility or in a local training institution, the certificate of registration as a post-basic dental therapist.
(5) Any practitioner who fails to comply with this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit.
Practising as dental therapist
(1) A dental therapist in the private sector shall practise dentistry only under the direct supervision of a dental surgeon.
(2) For the purposes of this section, “direct supervision” means a dental surgeon shall be present at all times in the healthcare facility when the dental therapist carries out any treatment according to the treatment plan approved by a dental surgeon.
(3) A dental therapist who practises dentistry in the private sector shall carry out the procedures listed in the Fifth Schedule only.
(4) A post-basic dental therapist who practises dentistry in the private sector shall carry out only the procedures listed in the Fifth Schedule and the Sixth Schedule in relation to the discipline for which he is qualified.
(5) A dental therapist who practises dentistry in the public sector shall carry out dental procedures only under the supervision of a dental surgeon in the public sector.
Notification of change in address
(1) A dental practitioner or a dental therapist shall notify the Dental Registrar or the Dental Therapists Registrar, as the case may be, of any change in his home address or practising address within thirty days of such change.
(2) A dental practitioner or a dental therapist who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit.
Service of notice or correspondence
Where any notice or correspondence is required to be served or sent to a dental practitioner or a dental therapist, it shall be deemed to have been served or sent to him if it is served or sent by post to his principal practising address.
Signing of dental sick certificates and other documents
(1) A dental sick certificate or other document required by any written law to be signed by a duly qualified dental practitioner shall not be valid unless the certificate or document is signed by a dental surgeon.
(2) A dental surgeon who allows any other person to sign a dental sick certificate or other document required by any written law to be signed by a duly qualified dental practitioner shall be subject to disciplinary punishment by the Council.
(3) For the purposes of subsections (1) and (2), the words “duly qualified dental practitioner” or any words importing a person recognized by law as a qualified dental practitioner, when used in any written law with reference to such persons, shall be construed to mean a dental surgeon.
Community service for dental surgeon
A dental practitioner who intends to practise dentistry at any location other than the healthcare facility stated in his practising certificate as a community service—
(a) for a period of not more than seven consecutive days; and
(b) for a total of not more than fourteen days in a year,
shall obtain an approval in writing from the Dental Registrar prior to the commencement of such community service.
Dental bodies corporate and companies
(1) A dental body corporate or a company may carry on the business of dentistry if—
(a) it carries on no business other than dentistry or some business ancillary to the business of dentistry; and
(b) at least half of the members of the Board of Directors of the dental body corporate or the company are dental surgeons.
(2) Notwithstanding subsection (1), a body corporate or a company may carry on the business of dentistry, if the dental treatment or dental service is provided—
(a) in a hospital or an ambulatory care centre;
(b) as part of a dental faculty or a dental school, in a local training institution;
(c) for its employees by a dental practitioner, other than for profit; or
(d) through a local authority or a statutory body by a dental practitioner.
(3) Any body corporate or company which fails to comply with this section commits an offence and any person who at the time of the commission of the offence—
(a) was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or the company; or
(b) was purporting to act in any capacity referred to in paragraph (a) or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or the company or was assisting in such management—
(i) may be charged severally or jointly in the same proceedings with the body corporate or the company; and
(ii) shall be deemed to have committed that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
(4) Where any person would be liable under this Act or any of its subsidiary legislation to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any practitioner engaged by him, employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—
(a) by his employee in the course of his employment;
(b) by the agent when acting on his behalf; or
(c) by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.
Exemption of dental surgeon on ships
A dental surgeon while in the discharge of his duties on ships on a full-time basis shall be exempted from the requirement of registration under this Act and shall be entitled to all the privileges of a dental practitioner under this Act.
Carrying out dental procedures
(1) A person who is pursuing a course of study in dentistry, either as a dental practitioner or a dental therapist, in any local training institution may carry out, in pursuance of such course of study, any dental investigation, dental examination or dental treatment of patients in any hospital, clinic, health centre, or other institution which is approved by the Director General for the purpose of this section, provided that the investigation, examination or treatment is carried out by a person under the control and supervision of a dental surgeon who holds a valid practising certificate.
(2) For the purpose of subsection (1), a person who is pursuing a course of study as a dental therapist shall only carry out the dental investigation, dental examination or dental treatment of patients as listed in the Fifth Schedule and Sixth Schedule.
(3) A person may carry out dental procedures falling within the meaning of the practice of dentistry, if that person is employed in the public service for that purpose and the dental procedures are carried out in the course of that person’s employment and under the supervision of a dental specialist in the public service.
(4) A person who has been granted an approval in writing to sit for the Professional Qualifying Examination, may carry out dental procedures, provided such procedures are carried out—
(a) with the approval of the Council while in the course of any training in preparation for the Professional Qualifying Examination; or
(b) as a requirement of the Professional Qualifying Examination.
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).
