Dentists Act, 1948

Introduction:

The Dentists Act was passed for regulating the medical practice of the Dentist profession. This Act extends to the whole of India. It consists of 55 Sections and a Schedule. The Dentist Act was passed by parliament in an association with the All India Dental Association on the 29th March 1948. It was subsequently amended in 1993. This Act established the Dental Council of India under Section 3.

Certain Definitions given Under Act:

1. Dental hygienist

It means a person who is not a dentist or medical practitioner but polishes or cleans teeth or instructs in dental hygiene.

2. Dental mechanic

A person who repairs or makes denture and appliances used by dentists.

3. Dentistry

The term dentistry includes

• Performing the operation;
• Treatment of disease;
• Deficiency of human teeth;
• Radiographic treatment in human teeth, jaws and oral cavity;
• Anaesthesia;
• Construction and renewal of artificial dentures;
• Restorative dental appliances;
• Fitting, inserting, fixing, repairing, renewing and constructing dental appliances;
• Treatment given by Dentists;

4. Dentist

It means a person who practices dentistry.

5. Medical practitioner

He or she who holds the qualification under the authority notified under Indian Medical Degrees Act, 1916.

History of Dentistry

India is a vast country in terms of the population holding a 2nd position in the world. Dental education in India was established before 100 years in the year 1920. The first dental College in India was established by Dr Ahmed in Calcutta. Dr Rafuddin Ahmed is considered as the “Father of dentistry in India”. Dr R. Ahmed established the first college in 1924. In 1933, the Nair Dental College and Hospital came into existence. Whereas in 1938, the Government Dental College, Bombay was started.

 Dental Council of India

Section 3 of the Act constitutes All India Dental Council. It is a corporate body having its distinct common seal, perpetual succession and a separate legal entity. It has the power to acquire property intangible and tangible on its name. It has the capacity to sue and to be sued.

I. Composition of Council:

 Central Government shall form a Council constituting the members as follows:

1. A registered dentist having recognised dental qualification;
2. A member elected by the members among themselves of the Medical Council of India;
3. Deans, Principles, Vice-Principals, Directors of Dental Colleges shall elect themselves up to four members;
4. Two or more member shall not be elected from the same dental college;
5. Each authorised University shall elect one member;
6. Each state shall represent one member nominated by respective State;
7. Central government shall nominate six members;
8. The Director-General of Health Services.

II. Term of Office and Casual Vacancies

1. Every nominated or elected member shall hold an office for five years or until the commencement of the next election;
2. Person nominated or elected can resign any time by writing an application to President;
3. Members are eligible for re-nomination and re-election.

III. Appointment of President and Vice-President of Council

1. The President and Vice-President of the Council shall be elected by the members among themselves;
2. The tenure of President and Vice-President of the council shall be of five years;
3. But he or she is eligible for re-election if he still remains a member of the Council.

IV. Staff Remuneration

1. The council will appoint a Secretary who will act as Treasurer;
2. Carrying out the functions given under the Dentists Act, the Council shall appoint other servants and officers;
3. The Council with the sanction from the Union Government shall fix the allowances and fees of the President, Vice-President and other servants and members of the Council.

Executive Committee

The council shall form one Executive Committee constituting members from the Council itself. The council can also form other such committees for general or the specific purpose as it deems fit to carry out the functions.

1. Executive Committee constitutes the President and Vice-President i.e Director-General of Health Services ex officio and other five members elected by the Council;
2. The President and Vice-President of the Council shall be the Chairman and Vice-Chairman of the Committee respectively;
3. The member of the committee shall hold office as per his term held in the Council;
4. The member of the Committee is also eligible for re-election.

Recognition of Dental Qualification

1. Section 10 of the Act states the recognition of the Dental Qualification shall be authorised by the Institution and Universities mentioned in Part I of the Schedule.
2. The Part II of the Schedule recognises the dental qualifications by any institutions based outside India but given to a citizen of India.
3. Section 11 of the Act prescribes qualification of dental hygienist which says that the State Authority will grant qualification to the dental hygienist. Respective State Council has the shall recognise the dental hygienist qualification.
4. In Section 12 of the Act, the Central Council shall qualify the dental mechanic after the satisfaction of his apprenticeship and training.

Effect of Recognition

1. The person recognised in dental or dental hygiene qualification shall be sufficient for the Appropriate State enrolment register.
2. He or she registered under any specific dental qualification shall not register himself under any other qualifications unless he has undergone training which satisfies the given requirements.

Withdrawal of Recognition

1. Section 16 of the Act asks the Executive Committee to furnish the report of those Institutions who had fallen short on the rules made under this Act.
2. The Dental Council of India can withdraw the recognition of the Institution who does not satisfy the guidelines given under this Act.
3. The State government after consultation with the State Council has the authority to withdraw the recognition of the institution.
4. If an Executive Committee furnishes the report on the ground that courses, training, examination taken to obtain dental qualification are not in conformity with clauses of this Act. Then in such cases council can withdraw dental qualification recognition.
5. If the institution is not having sufficient numbers of equipment, staff, training, accommodation and other services, in such cases on the reports given by Council the Central Government can withdraw the recognition.

State Dental Council

Government of each State shall form the State Dental Council. The Council is the separate legal entity and corporate body. This Council shall have the power to enter into an agreement, common seal, to sue or to be sued, power to hold tangible and intangible assets and perpetual succession. Two or more States jointly can form one State Council. This Council shall work in those defined States. A council made up an agreement between two or more States shall be called the Joint State Council.  The functioning of the State Council shall be the same as the Dental Council of India.

The State Council shall consist of following members-

1. The dentist registered in Part A of the state register shall elect four members from themselves;
2. The dentist registered in Part B of the state register shall elect four members from themselves;
3. The heads of the dental colleges (ex-officio);
4. Medical Council shall elect one member;
5. State government shall nominate three members;
6. Chief Medical Officer of the State (ex-officio).

Composition of Joint State Council

A Joint State Council shall consist of following members:

1. The dentist registered in Part A of the state register shall elect two members from themselves from each participating states;
2. The dentist registered in Part B of the state register shall elect two members from themselves from each participating states;
3. The heads of the dental colleges ( ex-officio) from each participating states;
4. Medical Council of each participating states shall elect one member;
5. Each participating states shall nominate two members;
6. The Chief Medical Officer (ex-officio) of each participating state.

Miscellaneous Provisions

• If a person falsely claiming himself to be registered is punishable for first conviction with fine of ₹500/- and for subsequent conviction imprisonment up to six months or fine extending ₹1000/- or both.
• If any person found to be misusing the titles of dentists, dental surgeon, dental practitioner, hygienist, dental mechanic, is punishable on first conviction with fine of ₹500/- and for subsequent conviction with imprisonment of six months or fine of ₹1000/- or both.
• A person who practices dentistry being unregistered is punishable on first conviction with fine₹500/- and on repeated conviction with fine of ₹1000/-, or imprisonment up to six months or both.
• A person who fails to surrender the certificate of registration is punishable with the fine of ₹50 per month. If an offence continues then additional ₹2 per day after the offence continues.
• The offences made under this Act are not cognizable except when the complaint is made by the State Government or Union Government.

Case Laws

• Ankita Khanna vs Dheer Dental Clinic on 19 February 2014:

The complainant was having front teeth crowded wherein she approached a Chandigarh based doctor who put braces on her upper teeth without wires so that she will get used to wearing the same. Ankita developed painful ulcers in her mouth, she visited a doctor for the same but he was not available. She went to Dheer Clinic where the Doctor claimed that the treatment of braces would take around one and half years and he knows another way of correcting the recessed teeth which involved just pasting a thin acrylic layer which would cost just ₹2400/-. In the next sitting, the parents were asked to sit outside and Ankita was taken to the dental chair after some time the parents heard her cries and screaming. Her six teeth were bleeding as they had been grinded so drastically that it reduced to the half of her original size. Afterwards, the doctor put plastic crowns on her teeth costing ₹40,000/-.

After that, she changed the doctor who gave her proper treatment for the same. The complainant went into depression and had homoeopathy treatment for the same. The complainant made a complaint in consumer protection court where she claimed ₹40,000 as refund along with interest, ₹95,000 as reimbursement for medicines, ₹30 lakh as compensation for future cost and lifelong treatment, ₹15 lakh as compensation for loss of her meritorious academic Standard, ₹15 lakh as compensation for mental and physical harassment, ₹10 lakh for the ugly look, ₹10 lakh as loss of marriage,  ₹5 lakh for the suffering of parents, ₹10 lakh as deterrent damages and unfair trade practices and ₹50,000/- as legal costs. For the above claims, the Court said the total damages asked by the complainant are ₹95 lakhs which is highly exaggerated and speculative. The complaint was returned to the complainant to reduce the claim and file the same in the suitable forum.

• P. Bagavathy, G. Madhan, Merlin & Ors. vs The Dental Council of India:

A writ petition was filed by some students in Madras High Court, who passed the examination seeking for a direction from the Central Government to include the name of Thai Moogambigai Dental College and Hospital as Grant Institution and consequently direct the Dental Council to register petitioners and as qualified Dentist and direct the University to grant B.D.S. degree. The Dental institution had admitted students excess than the capacity. The facts in issues in front of Court were, whether the students have completed examination and internship, whether the institution is entitled to admit students for the academic year 2002-03. The Court ordered the Dental Council to visit the institution and decide whether it is permitted to admit students more than the intended capacity as well as the students admitted are obviously to continue till the completion of the course.

Conclusion

This Act was passed for regulating the profession of Dentistry and to avoid the malpractices by the name of dentists in order to protect the health and safety of the public in large. This Act gives power to the Union and State Government to form a Council which works independently to follow the guidelines provided in this Act. This Act also provides guidelines in the context of dental education and dental training throughout India. The Council’s incorporated under this Act are financed by the Ministry of Health and Family Welfare. The main objective of this Act is to monitor dental practice, registration of dental degree holders and to grant dental colleges and institutions or University.

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References:

• The Dentist Act, 1948.
• Ankita Khanna vs Dheer Dental Clinic, 2014, https://indiankanoon.org/doc/73107388/
• P. Bagavathy, G. Madhan, Merlin & Ors. vs The Dental Council of India, New Delhi, 2 July 2002, https://indiankanoon.org/doc/34449703/