D-3 - Dental Act

À jour au 24 septembre 2020

Ce document a valeur officielle.

chapter D-3

Dental Act

The Minister Responsible for Government Administration and Chair of the Conseil du trésor is responsible for the administration of this Act. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

DIVISION I DEFINITIONS

1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

(a)  “Order” : the Ordre des dentistes du Québec constituted by this Act;

(b)  “board of directors” : the board of directors of the Order;

(c)  “dentist” or “member of the Order” : any person entered on the roll;

(d)  “permit” : a permit issued in accordance with the Professional Code (chapter C-26) and this Act;

(e)  (paragraph repealed);

(f)  “institution” : an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);

(g)  “roll” : the list of the members in good standing of the Order prepared in accordance with the Professional Code and this Act.

1973, c. 49, s. 1; 1974, c. 65, s. 81; 1977, c. 5, s. 229; 1992, c. 21, s. 148; 1994, c. 40, s. 298; 1994, c. 23, s. 23; 2008, c. 11, s. 212.

DIVISION II THE ORDRE DES DENTISTES DU QUÉBEC

2. All the dentists qualified to practise dentistry in Québec constitute a professional order called the “Ordre professionnel des dentistes du Québec” or the “Ordre des dentistes du Québec”.

1973, c. 49, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 299.

3. Subject to the provisions of this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).

1973, c. 49, s. 3.

4. The head office of the Order shall be at Montréal or at any other place in Québec determined by regulation of the board of directors adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).

1973, c. 49, s. 4; 1994, c. 40, s. 300; 2008, c. 11, s. 212.

5. Every proceeding directed against the Order must be served upon the secretary or one of his assistants, at the head office of the Order.

1973, c. 49, s. 5.

DIVISION III THE BOARD OF DIRECTORS

2008, c. 11, s. 212.

6. The Order shall be governed by a board of directors constituted as prescribed in the Professional Code (chapter C-26).

1973, c. 49, s. 6; 1994, c. 40, s. 301; 2008, c. 11, s. 212; 2017, c. 11, s. 107.

7. (Repealed).

1973, c. 49, s. 7; 1974, c. 65, s. 109; 1994, c. 40, s. 302; 2017, c. 11, s. 108.

8. (Repealed).

1973, c. 49, s. 8; 1994, c. 40, s. 303.

9. Elections for the office of president shall be held every four years on the first Monday in October if the president is elected by a general vote of the members entered on the roll, or at the first meeting of the board of directors after that date if the president is elected by the directors.

When the president is elected by the directors, the board of directors shall be deemed to be regularly constituted, notwithstanding that the number of directors is reduced by one.

The president is elected for a term of four years and may not serve more than two consecutive terms.

1973, c. 49, s. 9; 1999, c. 40, s. 101; 2008, c. 11, s. 212; 2017, c. 11, s. 109.

10. Elections for the office of elected director shall be held on the first Monday in October every two years.

They shall provide for the replacement of those elected directors whose term is about to expire.

1973, c. 49, s. 10.

11. The choice of the directors appointed by the Office des professions du Québec shall be made at the same time as the elections for elected directors.

When this choice is made, provision shall be made to replace the appointed directors whose term is about to expire.

1973, c. 49, s. 11; 1974, c. 65, s. 109.

12. The directors shall be elected or appointed, as the case may be, for a term of four years.

1973, c. 49, s. 12; 2017, c. 11, s. 110.

13. At the first meeting of the board of directors following the last Monday in October of each year, the members of the board of directors shall by secret ballot designate a vice-president from among the elected members.

If an executive committee is constituted under section 96 of the Professional Code (chapter C-26), the president and vice-president shall be members of the committee by virtue of office.

At the same meeting, another member of the executive committee shall be designated by secret ballot of the members of the board of directors from among the members appointed by the Office and two other members shall be designated by secret ballot by the members of the board of directors from among the elected members.

1973, c. 49, s. 13; 1974, c. 65, s. 82; 2008, c. 11, s. 212; 2017, c. 11, s. 111.

14. If the president is absent or unable to act, he shall be replaced by the vice-president.

1973, c. 49, s. 14; 1999, c. 40, s. 101.

15. In addition to the duties contemplated in the Professional Code (chapter C-26), the board of directors shall:

(a)  advise the Minister of Health and Social Services on the quality of dental care provided in the centres operated by the institutions and the standards to be followed to improve the quality of such care;

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed).

1973, c. 49, s. 15; 1985, c. 23, s. 24; 1992, c. 21, s. 149, s. 375; 1994, c. 40, s. 304; 2008, c. 11, s. 180, s. 212.

16. In the performance of the duties assigned to it by paragraph a of section 15, the board of directors may have inquiries made into the quality of the dental care provided in the centres operated by the institutions and may constitute a committee of inquiry for that purpose.

1973, c. 49, s. 16; 1992, c. 21, s. 150, s. 375; 2008, c. 11, s. 212.

17. It is forbidden to hinder in any way a member of a committee of inquiry constituted under section 16 in the performance of his duties, to mislead him by concealment or false declarations or refuse to provide him with any information or document relating to an inquiry which he holds under this Act.

Every person who contravenes this section is guilty of an offence and liable to the penalties provided in section 188 of the Professional Code (chapter C-26).

1973, c. 49, s. 17.

18. The board of directors may inquire into any matter relating to the ethics of dental practice, the discipline of the members of the Order or the honour and dignity of the profession.

For the purposes of such inquiry, the board of directors shall delegate a member of the Order who shall have the right to obtain from any dentist, institution or patient all the information he considers useful, and professional secrecy may not be invoked by any of them.

In the case of refusal to answer or to produce a document related to the inquiry, the Order may obtain, on application duly served on the person interested, an order of the Superior Court equivalent to an order for contempt of court.

1973, c. 49, s. 18; 1992, c. 21, s. 375; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP).

18.1. The board of directors shall, on request or on its own initiative, send the information obtained by a committee of inquiry, the professional inspection committee or a syndic to the council of physicians, dentists and pharmacists established for the institution to which a dentist contemplated in an inquiry is attached, that it believes useful to the exercise of the functions of the council.

1981, c. 22, s. 36; 1984, c. 47, s. 209; 1992, c. 21, s. 151, s. 375; 2008, c. 11, s. 181, s. 212.

19. In addition to the duties provided in sections 87 to 93 of the Professional Code (chapter C‐26), the board of directors shall by regulation:

(a)  determine from among the activities contemplated in sections 26 and 27 those which, under certain prescribed conditions, may be engaged in by classes of persons other than dentists;

(b)  (subparagraph repealed);

(c)  determine the standards for the form and content of verbal or written prescriptions made by a dentist.

The board of directors shall, before passing a regulation under subparagraph a of the first paragraph, consult the Office des professions du Québec and the professional orders to which the persons contemplated in the regulation belong or, if there are no such orders, the representative bodies of such classes of persons.

Sections 95.2 and 95.3 of the Professional Code apply to any regulation adopted pursuant to subparagraph c of the first paragraph.

1973, c. 49, s. 19; 1974, c. 65, s. 109; 1994, c. 40, s. 305; 2000, c. 13, s. 57; 2008, c. 11, s. 212; 2020, c. 15, s. 33.

19.1. The board of directors may, by regulation, establish special specialist’s permits to be issued together with a specialist’s certificate. Such a regulation must contain the reasons justifying the issue of such a permit and determine the terms and conditions for issuing it as well as the title, abbreviation and initials its holder may use.

Section 95.0.1 of the Professional Code (chapter C-26) applies to any regulation adopted pursuant to the first paragraph.

2017, c. 11, s. 112.

20. (Repealed).

1973, c. 49, s. 20; 1974, c. 65, s. 109; 1989, c. 29, s. 1; 1994, c. 40, s. 306.

21. (Repealed).

1973, c. 49, s. 21; 1983, c. 54, s. 35; 1994, c. 40, s. 306.

22. (Repealed).

1973, c. 49, s. 22; 1994, c. 40, s. 306.

DIVISION IV

Repealed, 1994, c. 40, s. 307.

1994, c. 40, s. 307.

23. (Repealed).

1973, c. 49, s. 23; 1994, c. 40, s. 307.

24. (Repealed).

1973, c. 49, s. 24; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1994, c. 40, s. 307.

25. (Repealed).

1973, c. 49, s. 25; 1994, c. 40, s. 307.

DIVISION V PRACTICE OF DENTISTRY

26. The practice of dentistry consists in assessing and diagnosing any deficiency of the teeth, mouth and jaws and of adjacent tissue, and in preventing and treating diseases of the same in order to maintain or restore oral health in human beings.

1973, c. 49, s. 26; 2020, c. 15, s. 35.

27. The following activities in the practice of dentistry are reserved to dentists:

(1)  diagnosing deficiencies and diseases;

(2)  prescribing diagnostic examinations;

(3)  using diagnostic techniques that are invasive or entail risks of injury;

(4)  determining a treatment plan;

(5)  prescribing medications or other substances;

(6)  prescribing procedures or treatments;

(7)  using techniques or applying treatments that are invasive or entail risks of injury, including aesthetic procedures;

(8)  prescribing the fabrication or repair of a dental prosthesis or a dental appliance;

(9)  selling dental prostheses or dental appliances; and

(10)  providing clinical monitoring of the condition of persons whose state of health is problematic.

1973, c. 49, s. 27; 2020, c. 15, s. 35.

28. (Repealed).

1973, c. 49, s. 28; 2020, c. 15, s. 36.

29. (Repealed).

1973, c. 49, s. 29; 1994, c. 40, s. 308.

30. The board of directors may issue, on the conditions it determines, a temporary permit to any person who does not fulfil the conditions for issue of the permit, but is engaged as a professor of health sciences in a university of Québec. Such permit shall be valid for the term of the engagement of such person as a professor.

1973, c. 49, s. 30; 1994, c. 40, s. 309; 2008, c. 11, s. 212; 2009, c. 35, s. 49.

31. The board of directors may grant on the conditions it determines, to any person who does not fulfil the conditions for issue of the permit, a restrictive permit which shall be annual and renewable.

The holder of such permit shall not engage in professional activities other than those specifically authorized by his permit.

1973, c. 49, s. 31; 1994, c. 40, s. 310; 2008, c. 11, s. 212; 2020, c. 15, s. 37.

31.1. The board of directors may issue a special specialist’s permit to practise professional activities in the field of a class of specialization it defines under paragraph e of section 94 of the Professional Code (chapter C-26), together with a specialist’s certificate corresponding to that class of specialization, to every person who meets the terms and conditions for its issue determined by regulation adopted under the first paragraph of section 19.1.

2017, c. 11, s. 113.

31.2. Section 42.1 of the Professional Code (chapter C-26) applies, with the necessary modifications, when the person referred to in section 31.1 must meet one of the conditions set out in a regulation adopted under the first paragraph of section 19.1 to obtain a special specialist’s permit.

The training that the order may require a person to acquire under such a regulation is referred to in the second paragraphs of sections 15 and 16.24 of the Professional Code.

2017, c. 11, s. 113.

32. (Repealed).

1973, c. 49, s. 32; 1994, c. 40, s. 311.

33. (Repealed).

1973, c. 49, s. 33; 1994, c. 40, s. 311.

34. Every dentist may use the medication, substances and instruments that he may need in the practice of his profession and administer and prescribe medication to his patients.

He may also issue attestations relating to the supplying of medication.

1973, c. 49, s. 34.

35. No dentist may have a direct or indirect interest in an undertaking for the fabrication or sale of dental prostheses or dental appliances. If an interest in such an undertaking devolves to him by succession or otherwise, he shall dispose of it immediately.

However, a dentist may have one dental prosthesis and appliance technologist as an employee.

1973, c. 49, s. 35; 2020, c. 15, s. 38.

36. No person may practise dentistry under a name other than his own.

Nevertheless, dentists shall be allowed to practise their profession under the name of one or two or more of the partners. The name of any partner who has ceased to practise his profession may appear in the name for a period of not more than three years from the date he ceased to practise, provided his name appeared in the name at the time he ceased to practise.

1973, c. 49, s. 36; 1989, c. 29, s. 2.

37. No dentist may be compelled to declare what has been revealed to him in his professional character.

1973, c. 49, s. 37.

DIVISION VI ILLEGAL PRACTICE OF DENTISTRY

38. Subject to the rights and privileges expressly granted by law to other professionals, no person may engage in any of the activities referred to in sections 26 and 27 unless he is a dentist.

This section shall not apply to the activities engaged in:

(a)  by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26);

(b)  by a person belonging to a class of persons contemplated in a regulation adopted pursuant to subparagraph a of the first paragraph of section 19, provided he engages in them under the conditions prescribed in the regulation;

(c)  by students within the framework of a training program for persons other than dentists and contemplated in the regulation passed under subparagraph a of the first paragraph of section 19, provided they engage in them under the conditions prescribed in the regulation.

1973, c. 49, s. 38; 1983, c. 54, s. 36; 1994, c. 40, s. 312; 2009, c. 35, s. 50; 2020, c. 15, s. 40.

39. Every person who contravenes section 38 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).

1973, c. 49, s. 39.

DIVISION VII

This Division ceased to have effect on 17 April 1987.

40. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 49 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 40 to 49 and 51, effective from the coming into force of chapter D-3 of the Revised Statutes.