The Minister of Health intends to table the Dental Technicians Amendment Bill, 2003 in Parliament during this year.
To amend the Dental Technicians Act,1979, so as to provide for the recognition of informally trained persons for purposes of restricted registration as dental technicians on conditions determined by the Dental Technicians Council and prescribed by the Minister; and to provide for matters connected therewith.
Amendment of section 1 of Act 19 of 1979 as amended by section 1 of Act 43 of 1997 1.
Insertion of section 23A in Act 19 of 1979 2.
the council, prescribe the conditions in terms of which an informally trained person can be registered by the council as a dental technician in terms of this Act.
the conditions in terms of which aninformally trained person obtained who restricted registration as a dental technician can practise his or her profession.
Amendment of section 32 of Act 19 of.
Section 32(2) of the priniipal 'Act is hereby amended by the substitution in subsection (2) for the word "shall" of the word "may".
Amendment of section 32A of Act 19 of 1979 as amendedby section 26 of Act 43 of 1997 4.
allthe members of suchjuristicperson, beingan incorporated company or a close corporation practice their profession and operate the laboratory on the same premises.
34 of Act 43 of1997 5.
(5) 3nthree mo-0 any regulation is made under subsection (I), cause thetextof suchregulation to bepublishedin the Gazette together with a noticedeclaring his or her intention make regulationinviting to such and interestedpersons to furnish him or her with any comments thereon or any representations they wish to make in regard thereto.
any regulation inrespectofwhichtheMinister isadvisedby the council tbt thepublic interest requires itto be made without delay.
1979) (hereinafter referred to as "the principal Act").
A definition for the expression "informally trsrined person" is inserted into section 1of the principal Act.
A new section23A is insertedin the principal Act by the amendment bill in order to provide for the recognitionof informally trained persons ana to enable the Minister to make regulations regarding the conditions in terms of which an informally trained person can be registered by the council as a dental technician in terms of the Act.
Currentlysection 32(2) oftheprincipal Act determinesthatadental technician contractor, w, from a date determined by the Minister by noticein the Gazette, directlyclaimfromthepatient or medicalaid scheme concerned for services rendered.
Note: such a notice has not yet been published in the Gazette due to the problems created by the word-"shall".
Section 32(2) of the principal Act is amended by the amendment bill by the substitution for the word "shall" of the word "may."
The reasonfor replacing the word "shall" with the word "may" is to make it possible for a dental technician contractor io negotiate direct payment with hisor her client, the dentist. There are quite a number of small one man dental laboratories which do not have the infra structure to directly claim from the medical aids or patients.
The substitution of the current subsection (3) is necessary in order to bring it in line with the intention of the rest of the principal Act in that a dental technician and a dental technologist or a dentist and a clinical dental technologist must only do work for their own clientsor patients.
Currentlysection 50(1) of theprincipal Act does not provideforthe Minister to make regulations regarding the conditions in terms of which an informally trained person can be registered by the council as a dental technician in terms of section 23Aof the Act.
28 No. 24869 GOVERNMENT GAZETTE, 19 MAY 2003 can be registered by the council as a dental technician in terms of section 23A of the Act.
Section 50 of theprincipalActlists all the issueswhichcanbe determinedbyMinisterregulationtherefore the by and the circumstances interms of which an informally trained person can obtain restricted registration in terms of section 23A must also be listed.
Section 50 of the principal Act is amended by the insertion of a new subsection (5)and (6)which inferalia determines that the Minister shall not less than three months before any regulation is made, publish such regulationforcommentfirst, unlesstheMinisterdeems it in public interest to publish a regulation without delay.
The practice within the National Department of Health is to publish any regulation, whether an Act requires it or not, for comment first before publishing it in final form. This practice allows the public and interested parties to submit commentson adraftregulation. Thispracticehas already been incorporated in certain Acts administered by the National DepartmentofHealthforexampletheFoodstuff, Cosmeticsand DisinfectantsAct,1972,theHealthProfessionsAct,1974andthe Pharmacy Act, 1974.
The amendment bill does not have any financial implications for the State.
The amendment bill has no communication implications in addition to the commencement of the amendment bill as an Act of Parliament being published in the Government Gazetfe.
The amendment bill has no organisationalor personnel implications for the State.
Technicians Council and the Directorate: Oral Health.
The State Law Advisors and the Department of Health areofthe opinion that the amendment bill must be dealt with in accordance with section75 of the Constitution.