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| Dental Hygienists Regulations |
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Dental Act
S.N.S. 1992, c. 3
O.I.C. 94-913 (November 8, 1994), N.S. Reg. 208/94
as amended up to O.I.C. 2002-6 (January 11, 2002), N.S. Reg. 3/2002
1 These regulations may be cited as the Dental Hygienists Regulations.
Section 1 added: O.I.C. 2002-6, N.S. Reg. 3/2002.
1A In this regulation
(a) "Act" means the Dental Act, S.N.S. 1992, c. 3, as amended;
(b) "accredited dental hygiene school" means a dental hygiene school that at the date of graduation by an applicant for registration had been accredited by the Commission on Dental Accreditation of Canada or its predecessor, the Council on Education of the Canadian Dental Association, or the Commission on Dental Accreditation of the American Dental Association;
Clause 1(b) amended: O.I.C. 97-588, N.S. Reg. 119/97.
(c) "Association" means the Nova Scotia Dental Hygienists Association;
(d) "Board" means the Provincial Dental Board of Nova Scotia;
(e) "Dental Hygienists' Register" means the register of registered dental hygienists established and maintained by the Registrar;
(f) "licensed dental hygienist" means a dental hygienist whose name has been registered in the Dental Hygienists' Register and who holds a current license issued pursuant to the Act to engage in the practice of dental hygiene;
(g) "registered dental hygienist" means a dental hygienist whose name has been registered in the Dental Hygienists' Register whether or not that person holds a current license to engage in the practice of dental hygiene;
(h) "Registrar" means a Registrar of the Board;
(i) "unprofessional conduct" by a dental hygienist includes
(i) the contravention or violation of any provisions of the Dental Act or regulations made pursuant to the Act,
(ii) failure to abide by the terms, conditions or limitations of any license issued under the Act,
(iii) incompetence in the practice of dental hygiene,
(iv) conduct that is detrimental to the best interests of one or more patients,
(v) performing services other than those authorized pursuant to the Act or regulations,
(vi) engaging in the practice of dental hygiene while the ability to perform services is impaired by alcohol or other drugs,
(vii) engaging in the practice of dental hygiene while the ability to do so is impaired by an infirmity or reasons of health,
(viii) failure to comply with a decision of the Discipline Committee or the Board,
(ix) failure to observe the Code of Ethics for dental hygienists as prescribed by the Board,
(x) providing false or misleading information to the Board,
(xi) conviction for any offence related to or which brings into question the ability to practice dental hygiene.
Section 1 renumbered 1A: O.I.C. 2002-6, N.S. Reg. 3/2002.
Designation of dental hygienist
2 There shall be an associate health profession of dental hygiene the members of which shall be known as "dental hygienists" and who, subject to the provisions of the Dental Act and this regulation, may practice dental hygiene.
3 Only a person who is registered with the Board and who holds a current license shall be entitled to engage in the practice of dental hygiene.
4 Only a dental hygienist registered under the Act may use the designation dental hygienist, licensed dental hygienist or registered dental hygienist.
Scope of dental hygiene functions and standards of practice
5 (1) Dental hygiene practice means the provision of preventive, educational, clinical and therapeutic dental hygiene services.
(2) Subject to Sections 6 and 7 of this regulation, a licensed dental hygienist may engage in dental hygiene practice.
(3) Nothing in this regulation shall permit a licensed dental hygienist to undertake or a licensed dentist to delegate any of the following:
(a) diagnosis or treatment planning;
(b) severing or cutting hard or soft tissue except curettage coincidental to scaling or root planing;
(c) prescribing drugs;
(d) administering drugs except topical agents administered under the supervision of a dentist;
(e) prescribing or designing any intra-oral appliance or prosthesis.
(4) The Standards of Practice for dental hygienists is the Clinical Practice Standards for Dental Hygienists published by the Minister of Supply and Services Canada 1985, Cat. No. H34- 31/1988E.
6 (1) A licensed dentist may employ a licensed dental hygienist to engage in the practice of dental hygiene.
(2) Subject to the provisions of Section 7 of this regulation and subject to Section 17(2)(a) of the Act, a person entitled to engage in the practice of dental hygiene may do so only in the employ of a licensed dentist and shall only engage in such practice under the supervision of a licensed dentist.
(3) A licensed dentist shall be responsible for all aspects of care given by a licensed dental hygienist in the employ of a licensed dentist or working under the supervision of a licensed dentist and the licensed dentist shall be held accountable for the quality and delivery of that care.
(4) For the purpose of this regulation, "supervision of a licensed dentist" means the dentist is present within the office premises while the licensed dental hygienist engages in the practice of dental hygiene.
7 (1) Any authority, institution or board, having the written permission of the Board, may employ as a dental hygienist a person specifically named in such written permission who holds a current license to engage in the practice of dental hygiene.
(2) Such written permission shall be given by the Board only to an authority, institution, or board which retains the services of a licensed dentist.
(3) A person entitled to engage in the practice of dental hygiene and who is named in such written permission may engage in the practice of dental hygiene in the employ of the authority, institution or board so permitted to employ him or her but may do so only
(a) under the supervision of a licensed dentist; or
(b) with the written permission of the Board granted pursuant to Section 17(2)(a) of the Act.
(4) In all cases of therapeutic care, the written permission of the Board referred to in subsection 3(b) may require that, following patient examination by the licensed dentist, the licensed dentist provide direction to the dental hygienist through verbal or written instructions, standing orders, or general policy statement.
(5) Pursuant to Section 17(2)(a) of the Act, and notwithstanding subsections (1), (2), (3), (4) of this Section 7, the Board hereby grants permission to any licensed dental hygienist in the employ of the Department of Health and working within the scope of such employment anywhere in the Province of Nova Scotia to carry on the practice of dental hygiene, subject only to the general supervision of a dental consultant employed or retained by the Department at its offices in Halifax.
Qualifications and registration
8 (1) A person who satisfies the Registrar that he or she has graduated from an accredited dental hygiene school shall be eligible to be registered in the Dental Hygienists' Register.
(2) A person who has graduated from a non-accredited dental hygiene program may be required to pass examinations, complete an upgrading program, or both, as required by the Board in order to be eligible to be registered in the Dental Hygienists' Register.
(3) In this Section, “Agreement on Internal Trade” means the agreement signed by the federal, provincial, and territorial governments of Canada, which came into force on July 1, 1995, to facilitate the free movement of persons, goods, services and investments throughout Canada.
Subsection 8(3) added: O.I.C. 2002-6, N.S. Reg. 3/2002.
(4) For the purposes of labour mobility under the Agreement on Internal Trade, a person with a non-restricted licence obtained in any Canadian licensing jurisdiction prior to July 1, 2001, will be recognized as holding the necessary qualifications for licensure as a dental hygienist and will be eligible to be registered in the Dental Hygienists Register.
Subsection 8(4) added: O.I.C. 2002-6, N.S. Reg. 3/2002.
9 (1) The Registrar shall enter the name of a person in the Dental Hygienists' Register who
(a) meets the qualification requirements of subsections 8(1), (2) or (4);
Clause 9(1)(a) amended: O.I.C. 2002-6, N.S. Reg. 3/2002.
(b) completes an application in a form satisfactory to the Board;
(c) pays the registration fee as prescribed by the Board;
(d) is of good moral character;
(e) is not the subject of any pending complaint or sanction in another licensing jurisdiction;
(f) if the subject of a pending complaint in another licensing jurisdiction, provides full details to and satisfies the Registrar that such complaint is not a reason to refuse registration;
(g) meets other reasonable conditions of the Board or the Registrar.
(2) Where an applicant has not fulfilled all the requirements for registration as set out in the Act and this regulation, the Board may take such action and impose such conditions of registration and licensing as the Board deems appropriate in the circumstances.
Hygienists' register and registration
10 The Dental Hygienists' Register may be in such form as the Registrar determines and may be a book, binders, electronic data base, or other form.
11 The Dental Hygienists' Register shall contain the following information for each dental hygienist:
(a) name;
(b) address;
(c) date of registration;
(d) unique registration number;
(e) academic qualifications;
(f) additional qualifications;
(g) record of discipline proceedings, if applicable.
Annual licensing
12 (1) For the purpose of this Section "licensing year" means the period from December 1st to the following November 30th.
(2) The Board shall determine the annual licensing fee for a licensed dental hygienist for the ensuing licensing year.
(3) Notice of the annual license fee shall be sent to each licensed Dental Hygienist by November 1st immediately preceding the commencement of the licensing year.
(4) A Dental Hygienist applying for a license for the ensuing year shall pay the annual license fee to the Registrar on or before November 30th immediately preceding the commencement of the licensing year.
(5) The annual fee for membership in the Association shall be determined by the Association.
(6) The Association shall on or before November 30th in each year notify the Registrar of the names of Dental Hygienists who have not paid the annual membership fee for the Association's current year.
(7) A Dental Hygienist who has been struck from the Dental Hygienists’ Register pursuant to subsection 24(2) of the Act for late payment of Association dues or the annual licensing fee payable to the Board shall be reinstated effective the first day of the current licensing year upon payment of the amounts owing together with a reinstatement fee set by the Board.
(8) Every Dental Hygienist who holds a current license issued by the Board shall, at the time of paying the annual licensing fee referred to in subsection (2), provide the Board with a signed statement indicating whether or not the person has been engaged as a Dental Hygienist within the preceding twelve months.
(9) A Dental Hygienist who has not been engaged in the practice of dental hygiene within the preceding five years at the date of license renewal shall be required to pass examinations prescribed by the Board and meet the requirements of the Board before the license shall be issued.
Section 12 replaced: O.I.C. 97-588, N.S. Reg. 119/97.
Discipline
13 The provisions of the Discipline Regulation pursuant to the Act shall apply to licensed dental hygienists.
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