s 104 Reference to the repealed Act
Any reference to the repealed Act in any written law shall be construed as a reference to this Act and any reference to any specific provision of the repealed Act in any written law shall be construed as a reference to a provision of this Act which corresponds as nearly as may be to such specific provision. First Schedule [Subsections 6(6) and 18(6)] SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL AND THE BOARD Tenure of office 1. (1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Council— (a) who is appointed under paragraphs 6(1)(c), (d) and (i); or (b) who is elected under paragraphs 6(1)(e) to (h), shall, unless he sooner resigns or vacates his office or the appointment is revoked, hold office for a term not exceeding three years and shall be eligible for reappointment or re-election, provided that the member shall not hold office for more than two consecutive terms. (2) A member of the Board appointed under paragraphs 18(1)(d) to (i) shall, unless he sooner resigns or vacates his office or his appointment is revoked, hold office for a term not exceeding three years and is eligible for re-appointment, provided that no member of the Board is eligible to hold office for more than two consecutive terms. Vacation of office 2. (1) A member of the Council or the Board, as the case may be, shall be deemed to have vacated his office if— (a) he dies; (b) he is no longer a resident in the constituency that elected him or that he represents; (c) he is no longer practising in the relevant sector under which he was elected or appointed; (d) he absents himself from three consecutive meetings of the Council or the Board or, he attends less than fifty percent of the meetings of the Council or the Board in a year, without leave from the President or Chairman, as the case may be; (e) he becomes an undischarged bankrupt; (f) he is of unsound mind or is otherwise incapable of discharging his duties; (g) he has been convicted on a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment whether in itself only or in addition to or in lieu of a fine; (h) his conduct, whether in connection with his duties as a member of the Council, the Board or otherwise, has been such as to bring discredit to the Council or the Board, as the case may be; (i) his name has at any time been removed as a result of disciplinary proceedings, from— (i) the Dental Register; (ii) the Dental Therapists Register; or (iii) any register of dental practitioners or dental therapists or the equivalent maintained in any place outside Malaysia; (j) his resignation is accepted by the President or Chairman, as the case may be; or (k) his appointment is revoked by the Minister. (2) Where any dental surgeon who is a member by virtue of paragraphs 6(1)(e) to (h) dies before completion of his term of office, resigns or otherwise ceases to be a member by reason of any provision of this Act, a dental surgeon shall be elected in his place, for the residue of the term for which such dental surgeon might have held office if he had not died, resigned or ceased to be a member. (3) Notwithstanding subsection (2), the vacancy of any member elected under paragraphs 6(1)(e) to (h) shall not be filled for the residue of that term, if his term of office would have come to an end within twelve months by effluxion of time. (4) The Council or the Board shall not be prevented from performing any of its functions or exercising any of its powers under this Act by any vacancy in its membership. Chairperson of Council and Board meeting 3. (1) The President shall preside at all meetings of the Council and the Chairman shall preside at all meetings of the Board. (2) In the absence of the President at any meeting of the Council or the Chairman at any meeting of the Board, for any reason, the Dental Registrar or the Dental Therapists Registrar, as the case may be, shall preside at the meeting. (3) In the absence of the President and the Dental Registrar at any meeting of the Council or the Chairman and the Dental Therapists Registrar at any meeting of the Board, for any reason, any other member of the Council appointed by the President or any other member of the Board appointed by the Chairman, as the case may be, shall preside at the meeting. (4) The Dental Registrar, the Dental Therapists Registrar or the member appointed under subparagraph (3), as the case may be, shall— (a) during the period in which he is performing the functions of the President under this paragraph be deemed to be the President; or (b) during the period in which he is performing the functions of the Chairman under this paragraph be deemed to be the Chairman. Frequency and venue of meetings 4. (1) The Council or the Board and the committees shall hold as many meetings as are necessary for the efficient performance of its functions and such meetings shall be held at such places and times as specified in a written notice issued on behalf of the President in respect of the Council, the Chairman in respect of the Board or the chairman of the committee in respect of the committee, provided that meetings are held at least twice a year. (2) The members of the Council or the Board may request a meeting of the Council or the Board, as the case may be, by submitting a requisition notice to the Secretary in accordance with subparagraph (3). (3) A requisition notice under subparagraph (2) shall contain the signatures of at least— (a) three members of the Council and shall specify the matters to be discussed by the Council; or (b) three members of the Board and shall specify the matters to be discussed by the Board. Quorum 5. (1) The quorum for meetings of the Council shall be eight and the quorum for meetings of the Board shall be five. (2) The quorum for meetings of committees shall be not less than half of the members of the committee. Council, Board and committee may invite others to a meeting 6. The Council, the Board or a committee may invite any person to attend any meeting or deliberation of the Council, the Board or the committee for the purpose of advising the Council, the Board or the committee on any matter under discussion, but such person shall not be entitled to vote at the meeting or deliberation. Casting vote 7. The decision of the Council or the Board shall be adopted by a simple majority of votes of the members present and voting, and in the case of an equality of votes, the President or the Chairman, as the case may be, shall have a casting vote in addition to his deliberative vote. Minutes 8. (1) The Council, the Board and the committees shall cause minutes of all its meetings to be maintained and kept in a proper form. (2) The minutes of meetings of the Council, the Board and the committees, if duly signed, shall, in any legal proceedings, be admissible as prima facie evidence of the facts stated in the minutes without further proof. (3) Every meeting of the Council, the Board and the committees of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act. (4) A committee shall make available copies of the minutes of all its meetings to the Council should the Council request for it or to the Board should the Board request for it. Procedure 9. The Council, the Board and the committees may regulate its own procedure. Disclosure of interest 10. (1) A member of the Council, the Board or a committee or any person invited to attend the meeting of the Council, the Board or a committee having, directly or indirectly, any interest in relation to any matter under discussion by the Council, the Board or the committee shall disclose to the Council, the Board or the committee, as the case may be, the fact and nature of his interest. (2) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the Council, the Board or the committee, as the case may be. (3) After the disclosure under subparagraph (1), the member of the Council, the Board or the committee or any person invited to attend the a meetings of the Council, the Board or the committee— (a) shall not take part or be present in any deliberation or during the making of any decision of the Council, the Board or the committee, as the case may be, about the matter; and (b) shall be disregarded for the purpose of constituting a quorum of the Council, the Board or the committee, as the case may be, in the deliberation or during the making of any decision about the matter. Validity of acts and proceedings 11. No act done or proceedings taken under this Act shall be questioned on the ground of— (a) any vacancy in the membership of, or any defect in the constitution of, the Council, the Board or a committee; or (b) any omission, defect or irregularity not affecting the merits of the case. Office of the Council or the Board 12. The office of the Council and the Board shall be at such place as the Director General may determine. Second Schedule [Section 2, paragraphs 30(a) and 40(2)(b)] RECOGNIZED QUALIFICATIONS FOR REGISTRATION OF DENTAL THERAPISTS Country Institution granting Qualification awarded in which qualification qualification is granted Malaysia Institut Latihan Kementerian Diploma Kesihatan Malaysia Kejururawatan (Pergigian) Georgetown, Pergigian Pulau Pinang Kolej Latihan Pergigian Diploma Malaysia Kejururawatan Pergigian Sekolah Latihan Pergigian Diploma Malaysia Kejururawatan Pergigian Sekolah Latihan Pergigian Sijil Kejururawatan Malaysia Pergigian Third Schedule [Paragraph 35(1)(b)] REGISTRABLE QUALIFICATIONS FOR REGISTRATION OF POST-BASIC DENTAL THERAPISTS Country Discipline Institution granting Qualification in which qualification awarded qualification is granted Malaysia Orthodontics Institut Latihan Sijil Pos Basik Kementerian Ortodontik Kesihatan Malaysia (Pergigian) Georgetown, Pulau Pinang Orthodontics Kolej Latihan Sijil Pos Basik Pergigian Malaysia Ortodontik Jururawat Pergigian Orthodontics Kolej Latihan Sijil Pos Basik Pergigian Malaysia Ortodontik Orthodontics Sekolah Latihan Sijil Pos Basik Pergigian Malaysia Ortodontik Oral Surgery Kolej Latihan Sijil Pos Basik Pergigian Malaysia Bedah Mulut Jururawat Pergigian Paediatric Institut Latihan Sijil Pos Basik Dentistry Kementerian Pergigian Pediatrik Kesihatan Malaysia (Pergigian) Georgetown, Pulau Pinang Paediatric Kolej Latihan Sijil Pos Basik Dentistry Pergigian Malaysia Pergigian Pediatrik Paediatric Sekolah Latihan Sijil Pos Basik Dentistry Pergigian Malaysia Pergigian Pediatrik Periodontics Institut Latihan Sijil Pos Basik Kementerian Periodontik Kesihatan Malaysia (Pergigian) Georgetown, Pulau Pinang Periodontics Kolej Latihan Sijil Pos Basik Pergigian Malaysia Pengkhususan Periodontik Country Discipline Institution granting Qualification in which qualification awarded qualification is granted Periodontics Kolej Latihan Sijil Pos Basik Pergigian Malaysia Perawatan Periodontik Periodontics Kolej Latihan Sijil Pos Basik Pergigian Malaysia Periodontik Periodontics Sekolah Latihan Sijil Pos Basik Pergigian Malaysia Periodontik Periodontics Kolej Latihan Sijil Pos Basik (Community) Pergigian Malaysia Periodontik Fourth Schedule [Section 81] FEES AND CHARGES TYPE OF APPLICATION FEE (RM) 1. Registration as a dental surgeon 2. Conditional registration 3. Registration as a dental specialist (per specialty) 1,200 4. Copy of certificate of registration as a dental surgeon or dental specialist or a certificate of conditional registration 5. Registration as a dental therapist 6. Registration as a post-basic dental therapist 7. Copy of certificate of registration as a dental therapist or post-basic dental therapist 8. Annual practising certificate with— (a) a principal practising address only (b) two practising addresses (c) three or more practising addresses 9. Copy of annual practising certificate TYPE OF APPLICATION FEE (RM) 10. Change of particulars or address on annual practising certificate 11. Charges for late application for annual practising certificate 12. Temporary practising certificate 13. Temporary practising certificate for a specialist (per specialty) 14. Copy of temporary practising certificate 15. Evaluation of qualification for Professional Qualifying Examination 16. Search on or extracts from the Dental Register or the Dental Therapists Register 17. Letter of Good Standing 18. Translation of certificate of registration or practising certificate 19. Guidelines issued by the Council 20. Copy of records of disciplinary proceedings Fifth Schedule [Subsections 43(3) and (4), subsection 50(2) and paragraphs 51(2)(g), (h), (i) and (j)] PROCEDURES THAT MAY BE CARRIED OUT BY A DENTAL THERAPIST 1. A dental therapist may carry out the following procedures: (a) clinical procedures on persons below the age of 18 years; (b) dental health promotion, education and instruction; and (c) intra-oral photography on instruction of the dental surgeon. 2. The clinical procedures that may be carried out by a dental therapist referred to in subparagraph (1)(a) shall be limited to the following: (a) oral examination; (b) Class I, II, III and V restorations, using direct restorative materials; (c) administration of local infiltration anaesthesia; (d) extraction of primary teeth; (e) placement of fissure sealant; (f) application of topical fluoride gel and paste; and (g) supra-gingival scaling and polishing. Sixth Schedule [Subsection 43(4), subsection 50(2) and paragraphs 51(2)(i) and (j)] PROCEDURES THAT MAY BE CARRIED OUT BY A POST-BASIC DENTAL THERAPIST A dental therapist registered in Division B of the Dental Therapists Register as a post-basic dental therapist may carry out, in addition to the procedures in the Fifth Schedule, the following procedures in relation to the discipline for which he is trained: A. Procedures for the discipline of periodontics 1. Pocket charting 2. Placement of desensitizing agent 3. Removal of suture 4. Root planing and debridement 5. Electric pulp test 6. Taking of impressions for study models 7. Taking of intra-oral x-rays B. Procedures for the discipline of orthodontics 1. Preparation of teeth for banding and bonding 2. Insertion of elastic seperators 3. Taking of impressions for study models 4. Taking of intra-oral x-rays C. Procedures for the discipline of oral surgery 1. Taking of vital signs (a) Blood pressure (b) Pulse (c) Body temperature (d) Ventilation rate 2. Removal of sutures 3. Simple post-surgical wound dressing 4. Oral toilet 5. Taking of impressions for study models 6. Taking of intra-oral x-rays D. Procedures for the discipline of paediatric dentistry 1. Scrub nurse and runner in the operating theatre 2. Preparation of equipment and materials for sedation procedures 3. Removal of splints 4. Removal of suture 5. Oral toilet 6. Taking of impressions for study models 7. Taking of intra-oral x-rays