Section 44
Complaints against registered dentists and registered oral health therapists
of Dental Registration Act 1999
(1)
Any —
complaint of the conduct of a registered dentist or registered oral health therapist in his or her professional capacity or of his or her improper act or conduct which brings disrepute to his or her profession;
information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him or her unfit for his or her profession; or
information touching upon the physical or mental fitness to practise of a registered dentist or registered oral health therapist,must be made or given to the Council which must refer the complaint or information, other than a complaint or information touching on the matters mentioned in section 20 or 28, to the chairperson of the Complaints Panel.
(2)
The Council may, on its own motion, refer any information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him or her unfit for his or her profession to the chairperson of the Complaints Panel.
(3)
Where a registered dentist or registered oral health therapist has contravened section 38 or 39, or has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, the Council must, despite subsection (1) or (2), immediately refer the matter to a Disciplinary Committee under section 47.
(4)
Every complaint made or information given must be in writing and must be supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint or information is made or given by any public officer.
(5)
The chairperson of the Complaints Panel may from time to time appoint one or more committees (called for the purposes of this Act Complaints Committees) consisting of —
a chairperson, being a member of the Complaints Panel who is a member of the Council;
2 members of the Complaints Panel comprising 2 registered dentists or one registered dentist and one registered oral health therapist; and
a member of the Complaints Panel who is a lay person,which must inquire into any complaint or information mentioned in subsection (1) or (2).
(6)
A Complaints Committee is to be appointed in connection with one or more matters or for such fixed period of time as the chairperson of the Complaints Panel may think fit.
(7)
Where any complaint or information mentioned in subsection (1)(a) or (b) or (2) is referred to the chairperson of the Complaints Panel, the chairperson of the Complaints Panel must lay the complaint or information before a Complaints Committee.
(8)
Where any complaint or information mentioned in subsection (1)(c) is referred to the chairperson of the Complaints Panel, the chairperson of the Complaints Panel must —
if he or she is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered dentist or registered oral health therapist to practise, refer the complaint or information to the Health Committee; or
in any other case, lay the complaint or information before a Complaints Committee.
(9)
The chairperson of the Complaints Panel may at any time revoke the appointment of any Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee.
(10)
No act done by or under the authority of a Complaints Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(11)
All the members of a Complaints Committee must be present to constitute a quorum for a meeting of the Complaints Committee and any resolution or decision in writing signed by all the members of a Complaints Committee is as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present.
(12)
A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.
(13)
The chairperson of a Complaints Committee may at any time summon a meeting of the Complaints Committee.
(14)
All members of a Complaints Committee present at any meeting of the Complaints Committee must vote on any question arising at the meeting and that question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote.
(15)
A member of a Complaints Committee, even though he or she has ceased to be a member of the Complaints Panel on the expiry of his or her term of office, is deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.[34