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Dental Technicians Act, 1979 (Act No. 19 of 1979)

Chapter 5 : General and Supplementary Provisions

50. Regulations

 

(1) The Minister may on the recommendation of the council make regulations relating to—
(a)
(i) the election of members of the council who shall be elected in terms of sections 5(1) (c), (d) or (e);
(ii) the requirements with which a nomination of a candidate for election as a member of the council shall comply;
(b) the conduct of the business, and the procedure at meetings, of the council and committees of the council and the manner in which minutes of such meetings shall be kept;
(c) the allowance which may be paid to members of the council and of committees of the council when occupied with the affairs of the council: Provided that—
(i) the allowance which may be paid to any such member who is in the full time service of the State shall not exceed the allowances to which he or she would be entitled in terms of the laws governing the public service;
(ii) no such member shall be required to pay into the State Revenue Fund any such allowances;
(d) the conditions of employment of the registrar and other persons and inspectors appointed by the council in terms of sections 13(1) and 31;
(e) the determination and payment of annual fees payable by the owner of a dental laboratory and any other prescribed fees;
(f)
(i) the registration by the council of students in dental technology who are studying at an approved institution, the fees payable in respect of such registration and the removal from the relative registers by the council of the names of such students so registered;
(ii) the standards of general education required of such students as requisite for such registration;
(iii) the duration of the curricula to be followed by such students at such institutions;
(iv) the minimum requirements of the curricula and the standards of education and examinations in dental technology which shall be maintained at any institution approved by the council for training in dental technology in order to obtain recognition under this Act of the qualifications in dental technology obtained at such institution;
(g)
(i) the nature and duration of the training to be undergone by any person who has obtained a qualification in dental technology prescribed under section 22, but who has not yet been registered as a dental technician or a dental technologist, as the case may be, the examination which the council may conduct in order to determine the competence of such person and the period within which such a person shall pass the examination before he or she may be registered as a dental technician or a dental technologist, as the case may be;
(ii) the registration by the council of persons undergoing such training and the fees payable in respect of such registration;
(iii) the fees payable by candidates for such examinations;
(iv) the appointment and remuneration of examiners for such examinations;
(v) the issue of certificates by the council, and any other matter connected with such examinations or the issue of such certificates;
(h)
(i) the registers to be kept, and the permits and certificates that may be issued, in terms of this Act, the particulars which shall be recorded in the registers and the manner in which alterations may be effected in the registers;
(ii) the conditions on which extracts from the registers and duplicate registration certificates may be made, including the payment of fees in respect thereof;
(iii) the particulars to be furnished to the council to enable it to keep the registers;
(iv) the form of the registers and of the certificates and permits which may be issued under this Act and the employees of the council who may issue such certificates or permits on instructions of the council;
(v) the forms to be completed and the documents to be submitted by applicants for registration or for restoration to the registers;
(i)
(i) the approval by the council of registered dental laboratories where persons may undergo practical training in dental technology and the accommodation, facilities, equipment and materials to be provided in such laboratories;
(ii) the information to be rendered to the council by the person in control of such laboratories in respect of persons being trained at such laboratories or who have completed or abandoned such training;
(j)
(i) the qualifications required of candidates for supplementary courses or any other courses and examinations conducted or arranged by the council;
(ii) the conditions subject to which candidates may be permitted to such courses or examinations, the fees payable by candidates, the appointment and remuneration of lecturers and examiners and any other matter incidental to such courses or examinations;
(k) the conduct of an inquiry under Chapter 4, including—
(i) the manner in which a complaint, charge or allegation against a registered person shall be lodged;
(ii) the form of a summons and subpoena for the attendance of the registered person whose conduct is being investigated or of a witness at an inquiry, or for the production of any book, record, document or thing; and
(iii) the manner of instituting, and the procedure to be followed at, an inquiry, the appointment of a pro forma prosecutor and any other matter connected with the institution or holding of an inquiry;
(l) the acts which shall for the purpose of this Act be deemed to be acts specially pertaining to the profession of dental technician or dental technologist, the scope of the employment of other registered persons, and the conditions under which registered persons may practise their professions;
(m) the manner in which the accounts of the council shall be kept;
(n) the circumstances, in addition to the circumstances referred to in this Act, in which any name may be removed from, or restored to, a register;
(o) the books, accounts and records to be kept and the particulars to be entered therein by—
(i) an employer of a dental technician, dental technologist, student dental technician, student dental technologist and dental laboratory assistant; and
(ii) a dental technician contractor in respect of work done as a dental technician or a dental technologist for any dentist;
(p)
(i) the form in which and the conditions subject to which permits may be issued under section 33(3) and the fees payable for such permits;
(ii) the form in which the register referred to in section 34 shall be kept and the particulars which shall be entered in such register;
(q) occupational health conditions concerning harmful practices occurring, and the use of hazardous substances, in all dental laboratories;
(qA) the conditions on which an informally trained person may be registered by the council as a dental technician in terms of section 23A;
(r) generally, any matter which in terms of this Act is required to be, or may be, prescribed or which the Minister considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved.

 

(2) The Minister may, after consultation with the executive committee of the council, if the Minister deems it in the public interest, without the recommendation of the council make regulations relating to any of the matters referred to in subsection (1), or amend or repeal any regulation made in terms of that subsection.

 

(3) Any regulation made under this section may prescribe penalties for any contravention thereof or failure to comply therewith, not exceeding a fine of R2 000.

 

(4) Any notice issued or order made under this Act may from time to time be amended or revoked by the authority which issued or made it.

 

(5) The Minister shall, not less than three months before any regulation is made in terms of this Act, cause the text of such draft regulation to be published in the Gazette together with a notice declaring his or her intention to make such regulation and inviting interested persons to furnish him or her with comments thereon or any representations they wish to make in regard thereto.

 

(6) The provisions of subsection (5) shall not apply in respect of—
(a) any regulation which, after the provisions of subsection (5) have been complied with, has been amended by the Minister in consequence of representations received by him or her in pursuance of the notice issued thereunder; and
(b) any regulation in respect of which the Minister is advised by the council that the public interest requires it to be made without delay.