Section Text
1) The124[State] Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters III, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for -
(a) the management of the property of the124[State] Council, and the maintenance and audit of its accounts;
(b) the manner in which elections under Chapter III shall be conducted;
(c) the summoning and holding of meetings of the124[State] Council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to form a quorum;
(d) the powers and duties of the President and Vice-President of the 124[State] Council;
(e) the constitution and functions of the Executive Committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held, the number of members necessary to constitute a quorum;
(f) the term of office and the powers and duties of the Registrar and other officers and servants of the124[State] Council, including the amount and nature of the security to be given by the Treasurer.
(g) the particulars to be stated, and the proof of qualifications to be given in applications for registration under this Act; 127[(gg) the form of application for transfer of registration from one State to another;] 128[(h) the charge for supplying printed copies of the registers, and the fees payable for -
(i) registration or renewal of registration;
(ii) supplying a duplicate certificate of registration or renewal; and (iii) transfer of registration from one State to another;] 128[(i) the forms of certificates of registration and renewal;]
(j) any other matter126which is to be or may be prescribed under Chapters III, IV and V except sub-sections (1), (2), (3) and (4) ofsection 54-. 129[(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.] Footnotes: 3. Words "except the State of Jammu and Kashmir" omitted by Dentists (Amendment) Act (42 of 1972) S. 2 (1-11-72). 4. Inserted by the Dentists (Amendment) Act, 1955 (12 of 1955),.Section 3 (15-4-1955). 5. Substituted for the words "Indian Medical Council Act, 1933" by Dentists (Amendment) Act (42 of 1972) S.3 (1-l1-72). 6. Substituted for the word "Provincial" by A.L.O. 1950. 7. Substituted by Dentists (Amendment) Act (42 of 1972) S 3 (1-11-72) 8. Cl.
(m) omitted by Dentists (Amendment) Act (42 of 1972). S.3 (1-11- 72). 10. Substituted for the word 'Provincial' by A.L.O., 1950. 11. Cl.
(c) substituted by Dentists (Amendment) Act (42 of 1972). S.5 (1-11-72). 12. Substituted lor the words "each Part A State and Part B State other than the State of Jammu and Kashmir" by 3 A.L.O., 1956. 13. Words "other than the State of Jammu and Kashmir or a union territory" omitted by Dentists (Amendment) Act (42 of 1972). S. 5 (1-11-72). 14.
Explanation inserted, Words "other than the State of Jammu and Kashmir or a union territory" omitted by Dentists (Amendment) Act (42 of 1972). S. 5 (1-11-72).. 15. Substituted for " Part C State", by 3 A.L.O., 1956. 16. Inserted by Dentists (Amendment) Act (12 of 1955), Section 4. 17. Proviso inserted by Dentists (Amendment) Act (42 of 1972), S. 6 (1-11-72). 18. Substituted for the word " Provincial" by A.L.O. 1950. 19. Substituted for words "Principal or Vice-Principal" and "a professor of dental surgery", by Dentists (Amend-
ment) Act (12 of 1972). S.6 (1-11-1972) 20. Substituted for words " If he ceases to hold his appointment as head of a college" by the Dentists (Amendment ) Act, 1955 (12 of 1955). S.5 (15-4-1955). 21. Substituted for the words "the Medical Faculty", " If he ceases to hold his appointment as head of a college" by the Dentists (Amendment ) Act, 1955 (12 of 1955). S.5 (15-4-1955). 22. Inserted by Dentists (Amendment) Act (42 of 1972). S.7 (1-11-72) 25. Substituted for the word 'Provincial' by A.L.O., 1950. 26. The words "of India" were omitted, Substituted for the word 'Provincial' by A.L.O., 1950. 27. Such qualification granted by the Dental Wing, Armed Forces Medical College, Poona, the Dental College, Trivendrum and the Dental College and Hospital, lucknow and M.D.S. degrees of Bangalore and lucknow Universities have been so recognised - See Gaz. of Ind., 1963. Pt. III, S. 4. p. 733 and Gaz. of Ind., 1970. Pt. III. S. 4. p. 14. 28. Substituted for the word "Provincial" by A.L.O. 1950. 29. Substituted for the word 'Province' by A.L.O., 1950. 30. Substituted for the word 'Province' by A.L.O.. 1950 31. The words "of India" were omitted, Substituted for the word 'Province' by A.L.O.. 1950. 32. Substituted for words "may appoint" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 6 (16-4-1955). 33. Substituted for the word 'Province' by A.L.O., 1950. 34. Words 'of India' were omitted, Substituted for the word 'Province' by A.L.O., 1950. 36. Substituted for the word 'Province' by A.L.O. 1950. 37. The words "of India" were omitted, Substituted for the word 'Province' by A.L.O. 1950. 38. Words "dental or" omitted by Dentists (Amendment) Act(42 of 1972) S. 10(1-11-72). 40. Words and figure "section 10" omitted by Dentists (Amendment) Acl(42 of 1972) S. 12 ( 1-11-72). 42. Substituted for the word 'Provincial' by A.L.O., 1950. 45. Substituted for words "Inspectors and other officers and servants of the Council", by Dentists (Amendment) Act(42 of 1972.) 49. Substituted for 'Province' or 'Provincial' by A.L.O., 1950. 50. Substituted for original clause (c) by the Dentists (Amendment) Act, 1955 (12of 1955). S. 7(16-4-1955). 51. Word "and" at the end of cl.
(d) omitted and inserted at the end of cl.(e).cl.
(f) inserted by Dentists (Amendment) Act (42 of 1972) S. 15 (a) (b) and (c) respectively (1-1 1-1972). 52. This Proviso was inserted Word "and" at the end of cl.
(d) omitted and inserted at the end of cl.(e).cl.
(f) inserted by Dentists (Amendment) Act (42 of 1972) S. 15 (a) (b) and (c) respectively (1-1 1-1972). The original Proviso was omitted by the Dentists (Amendment) Act, 1950 (58 of 1950). S. 2 (w.e.f. 1-11.1950), Saurashtra is in Gujarat now. 53. Inserted by 3 A.L.O., 1956. 54. Substituted for the words 'Province' or 'Provincial' by A.L.O., 1950. 55. Substituted for the word "Provinces" by A.L.O., 1950. 56. Substituted for the words 'Provincial' or 'Provinces' by A.L.O., 1950. 57. Substituted for the original clause (c) by the Dentists (Amendment) Act, 1955 (12 of 1955). S.8 (15-4-1955). 58. Cl.
(f) inserted by Dentists (Amendment) Act (42 of 1972) S. 16(1-11-72). 59. Substituted for the word 'Provincial' by A.L.O., 1950. 60. For reconstitution of the Bombay State Dental Council with effect from 15-11-1961, see the Bombay State Dental Council (Reconstitution and Reorganization) Order, 1961, Gaz. of Ind., 11-11-1961. Pt. II, S.3 (i). Ext., P.531. 61. Substituted for the word 'Provincial' by A.L.O., 1950. 62. Substituted for the word 'Provincial' by A.L.O., 1950. 63. Inserted by Dentists (Amendment) Act, (42 of 1972) S. 17 (1-11-72). 64. Substituted for the words "Province" and "Provincial" by A.L.O. 1950. 65. Substituted for the words "Province" or "Provincial" by A.L.O. 1950. 66. Inserted by Dentists (Amendment) Act(42 of 1972) S. 18(1-11-72). 67. Substituted for the words "Province" or "Provincial" by A.L.O. 1950. 68. Substituted for the word 'Provincial' by A.L.O. 1950 69. Substituted for the words "Province" or "Provincial" by A.L.O. 1950. 70. Substituted for the word "Provincial" by A.L.O. 1950. 71. Substituted for the words "British subject of Indian domicile" by A.L.O.,1950. 72. Substituted for the word "Province" by Substituted for the words "British subject of Indian domicile" by A.L.O.,1950. 73. Substituted for "the commencement of this Act" by the Dentists (Amendment) Act. l955 (12 of 1955): S. 9 (15-4-1955). 74. Clause (b) of Proviso substituted by Dentists (Amendment) Act (42 of 1972) S. 19 (1-11-72). 77. Inserted by 3 A.L.O., 1956 78. Word 'or' inserted by Dentists (Amendment) Act(42 of 1972). S. 19 (1-11-72). 79. The words "of India" were omitted by A.L.O., 1950. 80. Substituted for "the date of the commencement of this Act" by Act 12 of 1955, S. 9 (15-4-1955). 81. Substituted for "within a period of five years after that date he passes an examination which satisfies the requirements of the Council." Substituted for "the date of the commencement of this Act" by Act 12 of 1955, S. 9 (15-4-1955). 82. Section 34 was renumbered as sub-section (1) of that section by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 10(15-4-1955). 83. Substituted for the word 'Province' by A.L.O. 1950 84. Substituted for "British subject of Indian domicile" by A.L.O., 1950. 85. Substituted for "two years before the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 10 (15-4-1955). 86. Substituted for "five years after the commencement of this Act", Substituted for "two years before the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 10 (15-4-1955). 87. Substituted for the word 'Council' by Dentists (Amendment) Act(42 of 1972). S. 20 (1-11-72). 88. Substituted, Substituted for the word 'Council' by Dentists (Amendment) Act(42 of 1972). S. 20 (1-11-72). 89. Substituted for "five years", Substituted, Substituted for the word 'Council' by Dentists (Amendment) Act(42 of 1972). S. 20 (1-11-72). 90. Inserted, Substituted for "five years", Substituted, Substituted for the word 'Council' by Dentists (Amendment) Act(42 of 1972). S. 20 (1-11-72). 91. Substituted for words "State Dental Council" by Dentists (Amendment) Act(42 of 1972). S. 20 (1-11-72). 92. Substituted for" 1954" by the Repeating and Amendment Act, 1957 (36 of 1957). S. 3 and Sch. II (17-9-1957). 93. Inserted by Dentists (Amendment) Act(42 of 1972). S.20(1-11-72). 94. Words "irrespective of any considerations of reciprocity", omitted Inserted by Dentists (Amendment) Act(42 of 1972). S.20(1-11-72). 95. Substituted for the words "Province" or "Provincial" by A.L.O. 1950. 96. Substituted for the word "Provincial" by A.L.O. 1950. 97. Substituted for the word "Provincial" by A.L.O. 1950. 98. Sub-section (3) substituted by Dentists (Amendment) Act(42 of 1972), S. 21 (1-1 1-72). 99. Substituted for the word "Provincial" by A.L.O. 1950. 100. Inserted by the Dentists (Amendment) Act, 1955 (12 of 1955), S. 11 (16-4-1955). 101. Inserted by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 12 (16-4-1955) 102. Inserted by the Dentists (Amendment) Act(42 of 1972) S. 22(1-11- 72). 103. Substituted for the words "Province" of "Provincial" by A.L.O, 1950. 104. Substituted for the word 'Provincial' by A.L.O., 1950. 105. Inserted by Act 42 of 1972. S. 23 (1-11-72). 106. Substituted and deemed always to have been substituted for "two years", by the Dentists (Amendment) Act 1950 (58 of 1950), S. 3. Section 5 of the amending Act provides that : "No appointments held by a person as a dentist between the 29th day of March 1950 and the 30th day of May. 1950 shall be invalid merely because such appointment has been held in contravention of the provisions of sub-section (3) of Section 46 of the said Act as originally enacted". 107. Substituted for the words "the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 13 (15-4-1955). 108. Substituted for "the State Government", Substituted for the words "the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 13 (15-4-1955). 109. The words "in the State" were omitted, Substituted for "the State Government", Substituted for the words "the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 13 (15-4-1955). 110. Substituted for the words "at the commencement of this Act", The words "in the State" were omitted, Substituted for "the State Government", Substituted for the words "the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). S. 13 (15-4-1955). 111. Substituted by the word "Provincial" by A.L.O., 1950. 113. Inserted by the Dentists (Amendment) Act (12 of 1955). 114. Substituted for the word "Province" by A.L.O. 1950. 115. Substituted and deemed always to have been substituted for the words "two years" by the Dentists (Amend-
ment) Act, 1951) (58 of 1950). Section 3. Section 6 of this amending Act provides that: "No proceedings shall be commenced or continued against any person under sub-section (2) of section 49 of the said Act for having contravened berween the 29th day of March 1950 and 291 h day of May. 1950 the provisions of Slih-seclion ( I ) ot the said section as originally enacted." 116. Substituted for the words "the commencement of this Act" by the Dentists (Amendment) Act, 1955 (12 of 1955). .Section 15(15-4-1955). 117. Date so appointed in the State of Kerala is 28-2-1975-See Ker. Gaz. 28-2-75, Extra No. 108. 118. Substituted for the words "Provinces" or "Provincial" by A.L.O. 1950. 119. Inserted by Dentists (Amendment) Act (42 of 1972). S. 25 (1-11-72). 120. Substituted for the words "at the date of the commencement of the Act" by the Dentists (Amendment) Act, 1955 ( 12 of 1955), Section 16 (16-4-1955). 121. Substituted for the word 'Provincial' by A.L.O. 1950. 123. Substituted for the word "Provincial" by A.L.O. 1950. 124. Substituted for the word "Provincial" by A.L.O. 1950 126. For Dentists (Ethical Conduct) (Maharashtra) Rules, 1965. see Maharashtra Govt. Gazette, 25-4-1969, Pt. IV.A, p. 292: For Kerala Dental Council Employees (Control & Appeal) Rules, 1975, see Ker Gaz.. 11-11-1975. Pt. I No. 44. G. 1956. 127. Inserted by Dentists (Amendment) Act (42 of 1972), S. 27 (1- 11-72). 128. Cls(h) and (i) substituted, Inserted by Dentists (Amendment) Act (42 of 1972), S. 27 (1- 11-72). 129. Inserted by the Delegated Legislation (Amendment) Act, 1985 [4 of 1986). S. 2, Sch. Entry 22(2) (15-5-86). DENTISTS (CODE OF ETHICS) REGULATIONS, 1976 G. S. R. 1225 dated 2nd August, 1976."In exercise of the powers conferred by Sec. 17A of the Dentists Act, 1948 (16 of 1948), the Dental Council of India hereby makes the following regulations for laying down standards of professional conduct and etiquette or the code of ethics for dentists, namely :" REGULATION 01: SHORT TITLE AND COMMENCEMENT (1) These regulations may be called the Dentists (Code of Ethics) Regulations, 1976.
(2) They shall come into force on the date of their publication in the official Gazette. REGULATION 02: DEFINITIONS "In these regulations unless the context otherwise requires,"
(a) 'Act' means the Dentists Act, 1948 (16 of 1948) ;
(b) 'Council' means the Dental Council of India ;
(c) All expressions used and not defined in these regulations shall have the meanings assigned to them in the Act. REGULATION 03: DECLARATION "Every dentist who has been registered (either on Part A or Part B of the State Dentists Register) shall, within a period of thirty days from the date of commencement of these regulations, and every dentist who gets himself registered after the commencement of there regulations shall, within a period of thirty days from such registration, make, before the Registrar of the State Dental Council a declaration in the form set out for the purpose in the Schedule to these regulations and shall agree to abide by the same. REGULATION 04: DUTIES AND OBLIGATION OF DENTISTS TOWARDS PATIENTS AND PUBLIC " Every dentist shall"
(a) be mindful of the high character of his omission and the responsibilities he holds in the discharge of his professional duties and shall always remember that care of the patient and treatment of the disease depends upon the skill and prompt attention shown by him and always remember that his personal reputation, professional ability and fidelity remain his best recommendations;
(b) treat the welfare of the patient as paramount to all other considerations and shall conserve it to the utmost of his ability ;
(c) be courteous, sympathetic, friendly and helpful and to, and always ready to respond to, the call of his patients, and that under all conditions his behaviour towards his patients and the public shall be polite and dignified ;
(d) observe punctuality in fulfilling his appointment ;
(e) deem it a point of honour to adhere with as much uniformity as the varying circumstances may admit, to the remuneration for professional services ;
(j) not permit consideration of religion, race, caste and creed, party politics or social standing to intervene in his duties towards his patient ;
(g) keep all the information of a personal nature which he comes to know about a patient directly or indirectly in the course of professional practice in utmost confidence ; and be mindful that the auxiliary staff viz., dental hygienists and dental mechanics and other staff employed by him also observe this rule for the reason that knowledge or information of a patient gained during the course of examination and treatment is privileged, and a dentist is not bound to disclose professional secrets, except with the consent of the patient, or on being ordered to do so by a court or law. REGULATION 05: DUTIES OF ONE DENTIST TOWARDS ANOTHER "Every dentist shall"
(i) cherish a proper pride in his colleagues and shall not disparage them either by actions, deeds or words ;
(ii) on no account contemplate or do anything harmful to the interest of the members of the fraternity ;
(iii) honour mutual arrangements made regarding remuneration etc., when one dentist is entrusted with the care of a patient of another dentist during the latter's sickness or absence ;
(iv) retire in favour of the regular dentist after the emergency is over when a dentist is called upon in any emergency to treat the patient of another dentist. Note."He shall be entitled to charge the patient for his services ;
(v) institute correct treatment at once, with the least comment, and in a manner that will avoid any reflection on such other dentist if a dentist is consulted by a patient of another dentist, and if the latter finds indisputable evidence that such a patient is suffering from previous faulty treatment ;
(vi) regard it as a pleasure and privilege to render gratuitous service to another dentist, his wife and family members, although there is no legal bar to a dentist from charging another dentist for professional service. REGULATION 06: UNETHICAL PRACTICES "The following shall be the unethical practices for a dentist, namely:"
(a) employment by a dentist in his professional practice of any professional assistant (not being a registered dental hygienist or a registered dental mechanic) whose name is not registered in the State Dentists Register, to practice dentistry as defined in Cl.
(d) of Sec. 2 of the Act ;
(b) styling by any dentist or a group of dentists his/their 'Dental clinic or Chamber/s by the name of 'Dental Hospital/s ;
(c) any contravention of the Drugs and Cosmetics Act, 1940 (23 of 1940) and the rules made thereunder as amended from time to time, involving an abuse of privileges conferred thereunder upon a dentist, whether such contravention has been the subject of criminal proceedings or not ;
(d) signing under his name and authority and certificate which is untrue, misleading or improper, or giving false certificates or testimonials directly or indirectly concerning the supposed virtues of secret therapeutic agents or medicines;
(e) immorality involving abuse of professional relationship ;
(f) conniving at or aiding in any kind of illegal practice ;
(g) promise of radical cure by the employment of secret method of treatment;
(h) advertising whether directly or indirectly, for the purpose of obtaining patients or promoting his own professional advantage ;
(i) acquiescing in the publication of notice commencing or directing attention to the practitioner's skill, knowledge, service or qualifications or of being associate with or employed by those who procure or sanction such advertising or publication through press reports ;
(j) employing any agent or canvasser for the purpose of obtaining patients.; or being associated with or employed by those who procure or sanction such employment;
(k) using or exhibition of any sign, other than a sign which in its character, position, size and wording is merely such as may reasonably be required to indicate to persons seeking them the exact location or, and entrance to, the premises at which the dental practice is carried on ;
(l) using of sign-boards larger than 0.9 metre by 0.6 metre and the use of such words as 'Teeth', 'Painless Extraction' or the like, or notices in regard to practices on premises other than those in which a practice is actually carried on, or show-cases, or licensing light signs, and the use of any sign showing any matter other than his name and qualifications as defined under Cl.
(j) of Sec. 2 of the Act ;
(m) affixing a sign-board on a Chemist's shop or in places where the dentist does not reside or work ;
(n) insertion of any paragraphs and notice in the press and also the announcement of names in the trading list and the display of their names or announcements at places of public entertainments; other than the change of his address;
(o) allowing the dentist's name to be used to designate commercial articles such as tooth paste, toots brush, tooth powder, liquid cleaners, or the like or on circulars for such items, or permittingpublication of his opinion on any such items, in the general or lay papers or lay journals.
(p) mentioning after dentist's name any other abbreviation except those indicating dental qualifications as earned by him during his academic career in dentistry and which confirm to the definition of recognised dental qualification as defined in Cl.
(j) of Sec. 2 of the Act, or any other recognised academic qualifications;
(q) using of abbreviations like (i) R.D.P. for registered Dental Practitioner, (ii) M.I.D.A. for member Indian Dental Association , (iii) F.I.C.D. for Fellow of International College of Dentists, (iv) M.I.C.D. for Master of International College of Dentists (v), F.A.C.D. for Fellow of American College of Dentists, (vi) M.R.S.H. for member of Royal Society of Hygiene, etc., etc., and the like, which are not academic qualifications. REGULATION 07: CHANGE OF ADDRESS AND ANNOUNCEMENTS RELATING THERETO (1) A notice for the change of address shall be intimated to the concerned State Dental Council.
(2) A dentist may issue a formal announcement in the Press, one insertion per paper, regarding the following, (namely) :"
(a) on starting practice ;
(b) on change of type of practice;
(c) on changing address ;
(d) on temporary absence from duty ;
(e) on resumption to practice ;
(f) on succeeding to another practice. REGULATION 08: ACTION FOR UNETHICAL CONDUCT (1) When complaint or information is received by the State Dental Council that any dentist is resorting to any unethical practice as mentioned in regulation 6, or is committing a breach of any other of these regulations, the concerned State Dental Council may call upon him to explain and after giving him a reasonable opportunity of being heard and after making such enquiries, if any, as it may deem fit, decide whether such a practice tantamount to infamous conduct in any professional respect or contravenes any of the provisions of any other of these regulations, and then determine the action to be taken against the dentist under Sec. 41 of the Act.
(2) As and when complaint of breach of these regulations is brought to the notice of the Registrar of a State Dental Council, he shall take prompt action. SCHEDULE 01: FORM OF DECLARATION (See Regulation 3) 1 . I solemnly pledge myself to devote my life to the cause of serving humanity in the field of dental care ; 2 . I shall not use may dental knowledge contrary to the laws of humanity ; 3 . I shall not permit consideration of religion, nationality, race, caste and creed, party politics or social standing to intervene in my duty towards my patient and the profession; 4 . I shall look after the dental health of my health of my patient as my first consideration; 5 . I shall honour the secrets which are confided in me by my patients during the professional services; 6 . I shall always maintain the honour and noble traditions of the dental profession; 7 . I shall deem it an honour to cherish a proper pride in my colleagues and shall not disparage them by my actions, deeds or words ; 8 . I shall abide by the various provisions of the Act and desist from using a degree/diploma or an abbreviation indicating or implying a qualification, which is not is accordance with the definition of 'recognised dental qualification' as defined under Cl.
(j) of Sec. 2 of the Act ; 9 . I shall not indulge in any activity which might bring discredit to the dental profession. Signature Dated the Name of Dentist.............. Place Registration No.............. State THE DENTISTS (ETHICAL CONDUCT) (MAHARASHTRA) RULES, 1965 G. N., U. D., P. H. & H. D., No. ACT. 1363/11039-H, dated 5th April, 1966* In exercise of the powers conferred by clause (j) of sub-section (2) of section ,55 of the Dentists Act, 1948 (XVI of 1948), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, namely :" 1. Short title"These rules may be called the Dentists (Ethical Conduct) (Maharashtra) Rules, 1965. .... * 2. Duties and obligations of dentists towards patients -(a) Every dentists should be mindful of the high character of his mission and the responsibilities he holds in the discharge of his professional duties and should always remember that treatment of the patient and the cure of the disease depends upon the skill and prompt attention shown by him.
(b) He should be guided by the principle that the most worthy and effective advertisement possible is the establishment of a reputation for professional ability and fidelity.
(c) He should treat the welfare of the patient as paramount to all other considerations and should conserve it to the utmost of his ability.
(d) He should be courteous, sympathetic, friendly and helpful to. and always ready to respondent to, the call of his patients.
(e) He should observe punctuality in fulfilling his appointments.
(f) He should deem it a point of honour to adhere with as much uniformity as the varying circumstances will admit, to the remunera tion for professional services.
(g) He should not permit considerations of religion, nationality, race, party politics or social standing to intervene between his duties and his patient.
(h) He should keep all information of a personal nature which he comes to know about, or directly from, a patient, in the course of dental practice, in the utmost confidence. He should be responsible to see that auxiliary staff also observe this rule. 3 Duties of one dentist towards another"(a) Every dentist should cherish a proper pride in his colleagues and should not disparate them either by act or word.
(b) When one dentist is entrusted .with the care of a patient of another dentist during the latter's sickness or absence, mutual arrangements should be made regarding remuneration (c) A dentist called upon in any emergency to treat the patient of another dentist should when the emergency is provided for, retire in favour of the regular dentist but shall be entitled to charge the patient for his services.
(d) If a dentist is consulted by a patient of another dentist, and if the former finds indisputable evidence that such a patient is suffering from previous faulty treatment, it is his duty to institute correct treatment at once with as little comments as possible, and in such manner, as to avoid reflec tion on such other dentist.
(e) No rule debars a dentist from charging another dentist for professional service ; but ordinarily it should be regarded as a pleasure and privilege to render gratuitous service to another dentist, his wife and depen dent children. 4. Duties to dentist to public, etc."(a) It is incumbent upon every dentist, that under all conditions, his bearing towards patients and the public should be characterised by a dignified department.
(b) Knowledge or information of a patient gained in the course of examination and treatment is privileged ; and a dentist is not bound to disclose professional secrets, and he should not disclose any such informa tion, except with the consent of the patient, or on being ordered so to do by a Court of Law. 5. Unethical Practices"
(1) The following acts constitute unethical practices on the part of a dentist, namely :
(a) Employment by a dentist in his professional practice or allowing by him any assistant (not being dental hygienist or a dental mechanic) whose name is not registered either in the Dentist's Register or in a Medical Register, to practice dentistry as denned in clause (d) of section 2 ;
(b) Enabling knowingly, by a dentist, by his presence, counten ance, advice, assistance, or co-operation, an unregistered person (not being students enrolled at a recognised dental institution) whether described as an assistant or otherwise, to practise dentistry ;
(c) Styling by any dentist his dental clinic or chambers by the name of "Dental Hospital" ;
(d) Contravention of the provisions of the Drugs Act, 1940 and the rules made thereunder involving an abuse of privileges conferred there under upon a dentist, whether such contravention has been the subject of criminal proceedings or not;
(e) Signing under his name and authority any certificate which is untrue, misleading or improper.
(2) The following practices shall also be treated as unethical practices on the part of dentists, namely :"
(a) giving of false certificates, (b) immorality involving abuse of professional relationship, (c) conniving at or aiding in any illegal practice by others, (d) giving of testimonials directly or indirectly concerning the supposed virtues of secret therapeutic agents or medicines, (e) promise of redical cure by the employment of secret methods of treatment. 6. Advertising and canvassing :"The following practices by any dentist are considered as contrary to the public interest and discreditable to the profession of dentistry, namely :"
(a) advertising, whether directly or indirectly, for the purpose of obtaining patients or promoting his own professional advantage ;
(b) acquiescing in, or procuring or sanctioning or acquiescing in the publication of notices commending or directing attention to the practitioner's professional skill, knowledge, services or qualifications, or of being associated with or employed by those who procure or sanction such advertising or publication ;
(c) employing any agent or canvasser for the purpose of obtaining patients ; or sanctioning or being associated with or employed by those who. sanction such employments.
Explanation :"The following amongst others will be deemed to be advertising :"
(a) the use or exhibition of any sign, other than a sign which in its character, position, size and wording is merely such as may reasonably be required to indicate to persons seeking them the exact location of and entrance to the premises at which the dental practice is carried on ;
(b) the use of sign boards larger than 0.9 m. by 0.6 m. and the use of such words as "Teeth", "Painless Extractions" or the like, of notice in regard to practices on premises other than those in which a practice is actually carried on, of show cases; of large light signs, especially if intermittent, and the use of any sign showing any matter other than his Dame, qualifications as defined under section 2 (j) of the Dentists Act, 1948, titles and the name of the speciality ;
(c) affixing sign board on a chemist shop or in places where he does not reside or work ;
(d) the insertion of all paragraphs and notices in the press and also the announcement of names in the trading lists and the display of announcements at places of public entertainment, not being announcement of a change of address ;
(e) allowing his name to be used to designate commercial articles such as tooth paste, tooth brush, tooth powders, mouth washes, liquid cleaners or the like or on circulars for such items; or permitting publication of his opinion on any such items in the general or lay papers or journals ;
(f) printing of name in the telephone directory in any type other than that used for ordinary subscribers. 7. Issuing circulars :"A dentist being, or having been, in the employ of another dentist shall not either during or after the termination of such employment send, cause or authorise to be sent any letter, notice, circular or written communication to, or interview, or cause to be interviewed, or approach any person, whom he (the employee) has professionally attended for or on behalf of his employer during such employment or any other of his principal's patients notifying such person or other patients, that he (employee) intends to leave or has left the employment of his principal or that he has commenced or will commence practice in another location. 8. Use of bogus diplomas etc. :"(1) A dentist shall put after his name only the recognised dental qualifications as defined under section 2 (j) of the Dentists Act, 1948.
(2) He shall not insert on any sign board, visiting card, letter head, or anywhere else an indication of his practice of any profession other than dentistry :
Provided that, dentist who is a qualified medical practitioner may insert his medical qualifications, if any. 9. Allowing commission :"A dentist shall not pay or allow a commission or discount to any other person or body of persons as a return for patients being sent or recommended to him, or for dental services rendered by him to such patients, nor shall be accept any monetary or other benefit for recommending any proprietory or patented drugs, appliance and tooth paste, powder and the like. 10. Action for unethical conduct :"When information is received by the State Dental Council that any dentist is resorting to any unethical practice, as is mentioned in Rule 5, or is committing a breach of any of the other rules, the Council may call upon him to explain and after giving him a reasonable opportunity of being heard and after making such enquiries, if any, as it may deem fit, decide whether this action is tantamount to infamous conduct in any professional respect and then determine the action to be taken under section 41 of the Dentists Act, 1948. THE BOMBAY DENTISTS RULES, 1951 G.N., L.S.G. & P.H.D., No. 2338/33, dated 19th February, 1951* In exercise of the powers conferred by section 55 of the Dentists Act, 1948 (XVI of 1948), the Government of Bombay is pleased to make the following Rules, namely :" 1. These Rules may be called the Bombay Dentists Rules, 1951. 2. In the Rules, unless there is anything repugnant in the subject or context,"
(a) 'Act' means the Dentists Act, 1948 ;
(b) 'Appendix' means the appendix to these Rules ;
(c) 'Council' means the State Dental Council constituted by the Government of Bombay under section 21 ;
(d) 'Form' means a form given in the Appendix ;
(e) 'Registrar' means the Registrar appointed under section 28 ;
(f) 'Section* means a section of the Act. I. Elections of Members of the Council 3. A roll shall be maintained by the Registrar showing the names of the members of the Council, the electorate or interest which each member represents, the date of his election or nomination, the term of his office, the date on which any member vacated his seat and the date on which the term of office of a member is due to expire. 4. Sixty days before the expiration of term of office of any member of the Council, the Registrar shall invite the attention of the President of the Council and of the authority concerned to the necessity of holding fresh election or making fresh nomination, so that the successor may be elected or nominated, as the case may be, in due time to take his seat with effect from the day on which the term of office of the retiring member will expire. 5. On the resignation or death of any member of the Council or the seat of any member becoming vacant under sub-section (3) of section 27, the Registrar shall invite the attention of the President and the authority con cerned to the casual vacancy thus caused in order that the same may be filled up by fresh election or nomination, as the case may be, as soon as possible. 6. In the case of nominated members, the President also shall inform the State Government of any such vacancy, requesting them to fill the same. In the case of a member to be elected under clause (d) of section 21, the President shall inform the State Medical Council of the vacancy requesting the Council to fill the same. 7. In the case of members to be elected under clause (a) or (b) of section 21, the President or any other person authorised by him in writing in this behalf shall be the Returning Officer. The Returning Officer shall, some time not less than forty-two days, and not more than sixty days, before the day on which the term of office of any such member expires and as soon as conveniently may be after the occurrence of any vacancy arising from the death or resignation of any such member or of any seat becoming vacant under sub-section (3) of section 27, issue his precept to the electorate concerned, requiring the said electorate to elect a member or members by a date mentioned in precept. 8. The following shall be the procedure adopted for filling up vacan cies by election under clause (a) or (b) of