Dental Board Amendment Rules (No. 2) 1995 (WA)

23 February 1996]	GOVERNMENT GAZETTE, WA	653
HE 30 1

DENTAL ACT 1939

DENTAL BOARD AMENDMENT RULES (NO. 2) 1995

Made by the Dental Board of Western Australia and approved by the

Governor in Executive Council.

Citation

1.     These rules may be cited as the Dental Board Amendment Rules

(No. 2) 1995.

Principal rules

2.     In these rules the Dental Board Rules 1973* are referred to as the

principal rules.

[* Published in Gazette of 25 January 1974 at pp. 194-202.	For amendments to 8 December 1995 see 1994 Index to Legislation
of Western Australia, Table 4, pp. 56-7 adn Gazette of 4 November 1995.]

Rule 22 repealed and rules 22 to 22F substituted

3.     Rule 22 of the principal rules is repealed and the following rules are

substituted —

Restrictions on advertising and soliciting

22.     (1) A dentist shall not —

(a)	advertise, or cause or permit to be advertised, the dentist's practice, other than in accordance with these rules;
(b)	pay, or agree to pay, a remuneration of any kind for the direct or indirect introduction of patients or for

the services of any person acting as an intermediary

for the procuring of patients; or

advertise the dentist's practice in any book, pamphlet, brochure, 22A. (1) Subject to this rule and rule 22B, a dentist may newspaper, magazine, periodical, journal, gazette, directory, or other printed material.

(c) solicit patients or dental work, whether personally, by means of canvassers, by the distribution of cards, or otherwise.

(2) A dentist shall not —

(a)	be a party to any form of advertisement or display relating to the dentist's practice that does not conform with these rules; or
(b)	practise from a place where the plates, notices or signs do not conform with these rules.

(3) Where a dentist practises under a firm name authorized by a permit granted by the Board, the dentist may only advertise under the authorized firm name or the dentist's proper or usual name.

Advertising — publications

654 GOVERNMENT GAZETTE, WA (23 February 1996

12 times in any calendar year.	(2) A dentist shall not advertise under subrule (1) more than
an advertisement advertising the practice of one or more of them	(3) Where 2 or more dentists practice at the same location,
(or if they practice as a firm, advertising the firm) is taken to be	an advertisement advertising the practice of each of them.
information other than - (4) An advertisement under subrule (1) is not to include
(a) the name, and the qualifications that appear in the	register, of each dentist in the practice;

(b) the firm name authorized by the Board (if any);

(c) the addresses and telephone numbers of the practice;
(d) the availability of services at the practice, being -

(i)      hours of business;

(ii)     languages spoken; and

(iii)    information as to the provision of emergency

treatment;

and

(e) where applicable, an announcement of the commencement or resumption of practice.

(5) An advertisement under subrule (1), other than an

advertisement to which rule 22B (6) (b) applies, is to be no larger

than one sixteenth of the page on which it appears.

Advertising - directories

22B. (1) An entry in a general alphabetical directory which

does not classify its entries by subject matter may be placed under -

(a)

the name of the dentist;

(b)

the firm name (if any); or

(c)

both names.

subject matter may be placed -

(2) An entry in a directory which classifies its entries by

(a) under the heading "Dentists", or the appropriate

specialty heading, under -

(i)	the name of the dentist;
(ii)	the firm name (if any); or

(iii) both names; and

(b)

if the directory also provides a listing of entries
classified by location, in that listing under either -

(i) the name of the dentist, in which case the enti

may include the firm name of the dentists

practice (if any); or

(ii)     the firm name (if any), in which case the entry

may include the names of the dentists who

comprise, or work for, that firm,

but not both.

23 February 19961 GOVERNMENT GAZETTE, WA 655

to in subrule (2) (b) for each place where the dentist practises. (3) A dentist may only place one entry in the listing referred

Where 2 or more dentists practise at the same location, advertising the firm) is taken to be an advertisement advertising the practice of each of them.	practice of one or more of them (or if they practice as a firm,
point type or bold 6 point type. (5) An entry referred to in subrule (1) is to be in ordinary 6
than - (6) An entry referred to in subrule (2) is to be no larger
an entry in a listing referred to in subrule (2) (b) advertising the	(4)

(a) if the page on which it appears is AS size or larger,

one sixteenth of that page; or

(b) if the page on which it appears is smaller than AS

size, one eighth of that page.

Communication with profession and patients

22C. Rules 22 and 22A do not apply to written communications by a dentist with members of the dental profession and bona fide	patients on matters relating to the practise of dentistry.
Publication of information
22D. A dentist shall not engage in the publishing of information in relation to the dentist's practice that -

(a)	is false in a material particular;
(b)	is misleading or deceptive or is likely to mislead or

deceive;

(c)	is vulgar or sensational;
(d)	other dentists; or

claims or implies the superiority of the dentist over

contains testimonials or endorsements concerning the

(e) dentist.

Exemptions

22E If the Board is satisfied that the application of rule 22, 22A or 22B to a dentist's practice would not be appropnate, the Board may exempt the dentist from the application of all or part of that rule, either unconditionally or subject to any conditions the Board thinks fit.

Dental therapists -	practice
and shall not be a party to any advertisement or exhibit any	22F. (1) A dental therapist has no right of private practice
plates, notice boards, signs, or letterheads in connection with the practise of dentistry.
and shall not carry out any procedure while a general anaesthetic (2)
A dental therapist shall not give a general anaesthetic, is being given unless assisting a dentist in a dental procedure.
patient unless a dentist has examined the patient and issued a (3) A dental therapist must not commence treatment of a
written instruction to the dental therapist detailing the actual treatment to be undertaken by the dental therapist.

656 GOVERNMENT GAZETTE, WA [23 February 1996

the dentist shall re-examine the patient within 6 months to (4) If a dental therapist commences treatment of a patient,

ensure that the treatment has been carried out.

Rule 23 amended

4. Rule 23 of the principal rules is amended -

(a) in subrule (1) by inserting after "oral surgeon," the following -

it

oral and maxillofacial surgeon, ";

(b)	in subrule (4) by deleting "oral surgery" and substituting the	following -
It

oral and maxillofacial surgery "; and

(c) by inserting after subrule (4) the following subrule -

It

himself as an oral surgeon that was granted by the (5) A certificate authorizing a dentist to refer to Board under subrule (1) before the coming into

(No. 2) 1995 shall be taken to authorize the dentist to refer to himself as an oral and maxillofacial surgeon. operation of the Dental Board Amendment Rules

Rules 27, 28 and 29 repealed and rule 27 substituted

5.      Rules 27, 28 and 29 of the principal rules are repealed and the following

rule is substituted -

Restrictions on plates, notices and signs

27.     (1) A dentist may exhibit at the dentist's practice -

up to 2 plates, notices or signs each no greater in

(a) area than one square metre with letters and figures

not exceeding 30 centimetres in height; and
up to 4 plates, notices and signs each no greater in

(b) area than 2 000 square centimetres with letters and

figures not exceeding 10 centimetres in height.

be positioned on any one surface of the place of practice.	(2)Only one of the signs referred to in subrule (1) (a) may
to include information other than -	(3) A plate, notice or sign exhibited under subrule (1) is not
(a)	the name, and the qualifications that appear in the

register, of each dentist in the practice;

(b)	the firm name authorised by the Board (if any);
(c)	the address and telephone numbers of the practice;

and

(d)	the availability of services at the practice, being -
(i) hours of business;

23 February 19961 GOVERNMENT GAZETTE, WA 657

(ii)      languages spoken; and

(iii)     information as to the provision of emergency treatment.

(4) A plate, notice or sign may be illuminated only by fixed

lighting.

The Common Seal of the Dental Board of Western Australia was affixed hereto in the presence of—

W. CLARK, Registrar.

L.A. WALDON, President.

Approved by His Excellency the Governor in Executive Council on 13 February 1996.

J. PRITCHARD, Clerk of the Council.