Duty of registrar to keep register Persons entitled to be registered Evidence of right to registration Erasure of name improperly inserted Right of person registered to certificate Forwarding list of members to Provincial Secretary Register Registration Fees. 19. It shall be the duty of the registrar of the board as nearly as possible in each year, to make a correct register, in form A in the schedule to this Act, of the names and addresses of all persons who may be entitled to registration under this Act as members of the said association for the then current year, and a copy of such register, certified by the said registrar, shall be evidence in any court of justice in Alberta that the persons therein named are the members of the said association for the said year. [1906, c. 22, ss. 24, 25; 1911-12, c. 28, s. 10.] 20. Every person holding a valid and unforfeited certificate of licence to practise dentistry under the provisions of this Act, and who on or before the second Monday of January in each year has paid to the registrar appointed by the said board the required registration fee of two dollars, or who, having during the then current year obtained a certificate of licence from the said association to practise the profession of dentistry, forthwith pays to the registrar the required registration fee, shall, subject to the other provisions of this Act, be entitled to have his name entered in the register. [1906, c. 22, s. 24; 1911-12, c. 28, s. 9.] 21. No person shall be entitled to have his name on the said register unless the registrar is satisfied by proper evidence that such person is entitled to be registered, and any appeal from a decision of the registrar shall be decided by the board of directors of said association. [1906, c. 22, s. 26.] 22. If it shall at any time be proved to the satisfaction of the said board that the name of any person has been improperly inserted in the register for the year, such name may be erased therefrom by order of the said board. [1906, c. 22, s. 27.] 23. Upon any person being registered under this Act he shall be entitled to receive a certificate under the corporate seal of the said association signed by the registrar, in form B in the schedule to this Act or to the like effect. [1906, c. 22, s. 28.] 24. The secretary of the said association shall, on or before the first day of February in every year, forward to the Provincial Secretary a certified list of the names of all persons then registered as members of the said association for the then current year. [1906, c. 22, s. 29.] Persons Entitled to Practise. entitled to 25.—(1) All persons registered under this Act, and no Persons others, shall be entitled to practise the profession of dentistry practise in the Province of Alberta, and no person shall be entitled to any of the privileges of a licentiate or member of the said association, or to practise the profession of dentistry, who is in default in respect of any fees payable by him by virtue of this Act. fees for services (2) No person shall be entitled to recover in any court Recovery of of law for any professional services rendered or materials professional provided by him in the exercise of the profession of a dentist, unless at the time of rendering such services or providing such materials he was a duly and legally qualified licentiate of dentistry and duly registered under the provisions of this Act. [1906, c. 22, ss. 30, 31; 1917, c. 3, s. 38(5).] Prohibition and Penalties. trade names 26. No member of the association shall in the practice of Prohibition of the profession of dentistry and dental surgery use any trade name or designation or corporate name, or any distinguishing name for any premises in which he carries on the practice of his profession, but every such member shall, for all purposes in connection with his profession, use his own proper [1911-12, c. 28, s. 13.] name. companies, etc. 27. No company incorporated, registered or licensed Incorporated under any of the Acts of the Province of Alberta regulating or respecting joint stock companies shall carry on or attempt to purport to carry on the practice of the profession of dentistry or dental surgery in the Province of Alberta, and no member of the association shall assist or enter the employ of any such company to carry on or attempt or purport to carry on such practice in any wise whatever. [1911-12, c. 28, s. 13.] 28. No member of the association shall publish, use or Advertisements issue any advertisement, card, handbill, poster or sign calling attention to any particular style or mode of work or stating fees for materials or services. [1911-12, c. 28, s. 13.] 29. Any violations of any of the provisions of the Penalties three next preceding sections shall render the member offending liable to the penalties provided in the next following section. [1911-12, c. 28, s. 14.] 30. If any person not holding a valid certificate of licence as aforesaid or not duly registered, shall practise within this Province the profession of dentistry, either publicly or privately, for hire, gain, or hope of reward, or shall voluntarily and falsely pretend to be a duly qualified licentiate Penalty for practising without proper certificate, etc. Hearing of charge of improper conduct, etc. Forfeiture of licence for mal-practice Employment of person not holding certificate Tribunal for prosecutions, recovery of penalty of dentistry, or assume any title, addition or description 31.—(1) In case the holder of any licence shall have been convicted of an indictable offence, or is known or is reported to be guilty of or is charged with unbecoming, improper or criminal conduct, professional or otherwise, a preliminary inquiry shall be made by a committee appointed by the board, which committee shall consist of at least three members of the association, and, if the committee considers the charge preferred against the licence-holder to have been proved it shall direct that the whole facts be submitted to a judge of the District Court of the District in which the accused licencee is residing, and upon such reference the said District Court judge shall have power to hear and determine all such charges, and for this purpose to summon witnesses and administer oaths or affirmations to such witnesses. (2) If the licencee shall be found guilty of the charge made against him, the said judge may order the forfeiture of his licence, or may suspend the same for any period that to him may seem meet, and he shall make such order as to costs and otherwise as to him may seem just. [1917, c. 3, s. 38(6).] 32. Any licentiate who shall be convicted of any malpractice shall forfeit his licence and the same shall be cancelled; but the board shall have power to restore the same if it shall think fit and proper, notice of such restoration to be given for two weeks in some local newspaper to be determined upon by the board. [1906, c. 22, s. 34.] 33. It shall be unlawful for a duly licensed practitioner to employ any person who is not a holder of a licence for the purpose of performing dental operations either surgicalor mechanical on any patient, and where it is established that such a wrongful contract of employment has been entered into, the offending licensed practitioner shall be liable to the same penalties as if he were practising without a proper certificate. [1917, c. 3, s. 38(4).] 34. All prosecutions under the provisions hereof may be and method of brought and heard before any justice of the peace having jurisdiction where the offence is committed, and such justice of the peace shall have power, in addition to the aforesaid penalty, to award payment of costs; and in case such penalty and costs be not paid forthwith after conviction he shall penalty by 35. Any penalties imposed by this Act may be also pro- Recovery of ceeded for and recovered by suit in any court of law having suit jurisdiction, and one-half of all penalties recovered shall be paid into the general revenue fund of the Province and the remainder shall be paid to the treasurer of the said association and form part of the funds of the association. [1906, c. 22, s. 36; 1914, c. 2, s. 8.] breach of 36. Any person may take proceedings for the recovery Action for or imposition of penalties for breach of any of the provisions provisions of of this Act, but all such proceedings shall be commenced Act within six months of the alleged breach. [1906, c. 22, s. 36.] 37. In any such prosecution or trial the onus of proof of Onus of proof being a legally qualified licentiate of dentistry and a duly registered member of the said association shall be upon the the person charged. [1906, c. 22, s. 37.] certain of physicians, 38. Nothing in this Act contained shall affect the Saving of privileges conferred upon physicians and surgeons by the privileges various Acts relating to the practice of medicine and surgery surgeons, etc. in this Province; but in case a qualified physician and surgeon shall desire to practise dentistry as a profession and to publicly avow himself as a practitioner of the said profession of dentistry he shall first obtain a licence from the said board of directors by paying the necessary fees and passing an examination in operative and mechanical dentistry only. [1906, c. 22, s. 38.] student to 39. Nothing in this Act shall prevent any duly in- Right of dentured and registered student of dentistry from receiving receive clinical instruction and practice under the personal supervision of a member of the said association. [1906, c. 22, s. 39.] instruction Fees, etc. funds 40.—(1) All moneys forming part of the funds of the Disposition of said association shall be paid to the treasurer and shall be applied to carry on the objects of this Act. (2) The board of directors may invest, in the name of the association, any money not required to be immediately expended in such securities as trustees are authorized to invest in, and the income derived therefrom shall form part of the ordinary income of the association. [1906, c. 22, s. 40; 1919, c. 4, s. 20(5).] Continuation of existing fees 41. All fees that are now payable under the provisions of this Act and the law heretofore in force and the by-laws of the said association, shall continue to be payable until duly changed by the by-laws of the association pursuant to the provisions of this Act. [1906, c. 22, s. 41.] Form of certificate of registration I hereby certify that A.B. was on the. day of.. Corporate Seal (Signed) C.D. Registrar of The Alberta Dental Association. [1906, c. 22, Schedule B; 1911-12, c. 28, s. 15.] |