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SOUTH AFRICAN DENTAL TECHNICIANS BILL, 2014
BILL
To provide for the establishment of the Dental Technicians Council,to provide for the profession of Dental Technology; and to provide for matters incidental thereto.
PREAMBLE
WHEREAS Areview and the re-positioning ofthe South African Dental Technicians Council in line with best practice and in alignment with the Department’s strategies and programmes has become imperative;
WHEREAS such repositioning is primarily in pursuit of the wellbeing and best practice in oral health for the people of South Africa;
WHEREAS there is recognition that the South African Dental Technicians Council has to firmly regulate the Dental Technology profession and practices pursuance of the protection of the public;
WHEREAS the development of local skilled professionals against international benchmarking has to be druven through legislative injunction;
WHEREAS the South African Dental Technicians Council has to be at the forefront of the development a professional environment that enables access to the profession;
AND WHEREAS there is recognition that a repositioned South African Dental Technicians Council isa response to challenges facing the Dental Technology profession overall;
NOW THEREFORE BE IT ENACTED by the National Legislature as follows:-
Definitions
- In this Act, unless the context otherwise indicates-
“Act” means the South African Dental Technicians Act, and includes its Regulations.
“Council” means the entity called the South African Dental Technicians Council referred to in section… of this Act.
“Committee”mean the Committees of the as contemplated by section …..of this Act.
“Community” means any group of persons or part of such group that share a common interest and who regard themselves as such.
“Constitution” means the Constitution of South Africa ActNo. 108 of 1996
“Council” means a juristic person called the South African Dental Technicians Council as contemplated by section 2 of the Act.
“Department” means National Department of Health, which is the responsibleDepartment for the National Health Portfolio.
“Due Process” means a fundamental, constitutional guarantee that all proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before a decision is taken.
“ExecutiveCommittee of Council” means the ExecutiveCommittee of the Governing Boardas contemplated by section 5 of the Act.
“Financial Year” means the period commencing thefirst day of Aril in any year and ending on the last day of March of the ensuing year.
“Governing Board” means the Board as contemplated by section 5 of the Act.
“Government” means the South African NationalGovernment.
“Non-executive” means members of the Governing Board that are not employees of the Council.
“Previously-disadvantaged individuals” means person who were previously-disadvantaged by unfair discrimination and who in terms of section 9(2) of the Constitution may be protected and advanced to achieve equality and, for the purposes of this Act, includes the following designated groups:
(a) Males of African, Coloured and Asian descent;
(b)Females, irrespective of descent; and
(c)Persons with disabilities, irrespective of descent.
“Province”means the Provinces as contemplated by section 103 of the Constitution.
“Registrar” means the Chief Executive Officer of the Council appointed in terms of section ….. including one appointed in an interim or acting capacity.
“Repealed law” means the South African Dental Technicians Act No.19 0f 1979 as amended.
“Republic”means the Republic of South Africa as referred to in section 1 of the Constitution.
“Responsible Minister” means the National Ministerresponsible for the Health Portfolio.
“Sector” means ahealth sectorcontemplated by this Act.
“Stakeholder” means an organisation, body or person with direct or continuing interest in the sectorcontemplated by this Act.
CHAPTER 1
ESTABLISHMENT, OBJECTS, POWERS, FUNCTIONS, GOVERNANCE MATTERS (GOVERNING BOARD AND COMMITTEES AND MATTERS RELATED THERETO)
Establishment
- There is hereby established a juristic person known as theSouth African Dental Technicians Council.
Objects of the Council
- (1) The objects of the Council are to-
(a)assist in the promotion of the Dental Technologist profession in the Republic;
(b)control all matters relating to the education and training of dental technicians or dental technologists and the exercising of the practices in the supplying, making, altering or repairing of artificial dentures or other dental appliances or any other work pertaining to such dentures or appliances;
(c)promote liaison of the education and training, and the manner of the exercise of the practices, referred to in paragraph (b), both in the Republic and elsewhere, and to promote the standards of such education and training and the manner of the exercise of such practices in the Republic;
(d)promote good relations between dentists, clinical dental technologists, dental technicians and dental technologists and other supplementary dental health services personnel;
(e)advise the Minister on any matter falling within the scope of this Act;
(f)communicate to the Minister information on matters of public importance acquired by the council in the course of the performance of its functions under this Act; and
(g)any other matter which in Council’s view, and after the Minister’s concurrence, is necessary for the effective functioning and performance of the Council.
(2) The Council shall, in attaining its objects, take due cognizance of the Responsible Minister’s strategic intent, objectives and priorities.
(3) In achieving its objects, the Council shall endeavour to progressively increase its own revenue generation and collection and asset base.
General Powers and functions of Council
- (1) The general powers and functions of Council shall, for purposes of the proper exercise and performance of its powers, functions and duties in terms of this Act but subject to section 3 of the Act, the Constitution andany national other legislation applicable to it presently or in future, be to-
(a)sue and being sued;
(b)purchase or otherwise acquire, hire or dispose of, hold and alienate movable and immovable property and acquire real or other rights thereto or ay interest therein;
(c)enter into contracts an agreements;
(d)cause to be printed and published copies of the registers or of supplementary lists showing all alterations to the registers;
(e)make extracts from the registers upon payment of the prescribed fees;
(f)in accordance with the provisions of this Act, remove any name from a register or, upon payment of the prescribed fee, restore such name thereto;
(g)appoint examiners and moderators, conduct examinations and award certificates, and charge the prescribed fees in respect of such examinations and the issue of such certificates;
(h)approve training institutions in accordance with the prescribed conditions, inspect such institutions, and withdraw or suspend the approval of any such institution if the education or training provided at such institution is, in the opinion of the Council, not satisfactory, or if any condition imposed in respect of the approval of such institution is not complied with: PROVIDEDthat the Council shall not without the consent of the Responsible Minister refuse to approve any such institution, or withdraw or suspend the approval thereof;
(i)charge the prescribed fees in respect of any inspection it may deem necessary to enable it to consider any application for the approval of a training institution or the registration of a dental laboratory or any variation of a condition imposed in respect of an approved institution or a dental laboratory;
(j)borrow money on the security of the assets of the Council, accept any donation or accept and administer any trust;
(k)consider any matter affecting dental technology, and make representations or take such action in connection therewith as the council may deem necessary;
(l)conduct or arrange courses for the supplementary training of dental technicians or dental technologists and render financial assistance in respect of such courses
(m)in consultation with the Department, actively plan, promote, market and coordinate and position the Council; and
(n)do and perform such other things and such other acts as juristic persons by law may do and perform, subject to the provisions of this Act.
(2)The Council shall, in exercising and performing its powers and functions in terms of subsection 1, shall do so for the benefit of all the people of the Republic, and shall, where necessary, liaise and consult with all the relevant stakeholders including but not limited to-
(a)individuals and communities;
(b)organised sectors;
(c)voluntary associations;
(d)organs of state as contemplated by section 239 of the Constitution;
(e)statutorybodies;
(f)organised labour;
(g)organised business; and
(h)any other stakeholder not listed herein but deemed relevant by Council.
TheGoverning Board
- (1) From and after the commencement of this Act and subject to the provisions thereof, the Council shall be controlled and represented by a Governing Board as herein provided;
(2)The Governing Board shall exercise and perform the powers and functions conferred or imposed upon it by this Act or by any other law, and all acts of the Governing Board shall be deemed to the acts of the Council.
(3)The Governing Board shall consist of the following Members, appointed by the Minister, taking into account, inter alia, the principles of transparency and representivity, gender and skills –
(a)the Director of Oral Health: Department of Health;
(b)five persons appointed by the Minister, of whom-
(i)one shall be a Dentist attached to a University having a dental faculty;
(ii)one shall be a RegisteredDental Technician or a Dental Technologist attached to an institution at which Dental Technicians or Dental Technologists are educated and trained; and
(iii)three shall be members of the public who shall be appointed after calling through the media for nominations by the public and who are not registered in terms of this Act or any other Act, of whom at least one shall be appointed on account of his or her knowledge of the law;
(c)Two Dental Technician contractors nominated and elected by dental technician contractors in the prescribed manner;
(d)Two registered and practicing Dental Technicians or Dental Technologists who are employees in the Dental Technicians or Dental Technologists, as the case may be, and who are nominated and elected in the prescribed manner by registeredand practicing Dental Technicians or Dental Technologists, as the case may be, thus practising that profession; and
(e)one Dentist nominated and elected by Dentists in the prescribed manner.
(4)The Governing Board shall, in respect of the exercise and performance of its powers and functions, including corporate governance, be accountable only to the Responsible Minister.
(5)The Registrar of Council shall be Member of the Governing Board and subject to the same duties and responsibilities of the Governing Board, and shall be entitled to vote at Governing Board meetings.
(6)With the exception of the Registrar, all Members of the Governing Board shall be non-executive.
(7)All Members of the Governing Board shall be subject to security vetting and clearance as well as and probity checks by the Council either prior to, during or after their appointment as Governance Board Members.
(8)Subject to the provisions of section … a member of the Governing Board shall hold office for a period of three years, but shall be eligible for re-appointment or re-election, as the case may be, for one further period of three years.
(9)If the persons referred to in subsection 1 (c), (d) or (e) as the case may be, fail to elect a member under those subsections, the Minister shall designate a person as a member, and a person so designated shall be deemed to have been elected in terms of the paragraph in question.
(10) The Registrar shall make known by Notice in the Gazette the appointment or election of any member of the Governing Board, including the date of such appointment or election and the period for which the member has been appointed or elected.
Office Bearers
- (1) At the first meeting of every newly constituted Governing Board the members of the Governing Board shall elect a President and Vice-President among the members of the Governing Board.
(2) The President and Vice-President shall hold office during the terms of the office of the members of the Governing Board, unless the President and Vice-President resigns or ceases to be a member of the Governing Board.
(3)The Vice-President may, if the President is absent or is for any reason unable to act as President, perform the functions and exercise the powers of the President..
(4)In the event that both the President and Vice-President are absent from any meeting, the members present shall elect one of their number to preside at that meeting, and the person so presiding may at such meeting during such absence perform the functions and exercise the powers of the President.
(5)In the event that both the President and Vice-President have been granted leave of absence, the members of the Governing Board shall elect one of them members, or, if the Governing Board is not in session, the Executive Committee shall designate a member of the Governing Board, to act as President during such absence.
(6) If the office of President and Vice-President becomes vacant, the members of the Governing Board shall at the first meeting after such vacancy has occurred, elect from among their number a new President and/or Vice-president, as the case may be, and the member so elected shall hold office for the unexpired portion of the period of office of his or her predecessor.
(7) The President and Vice-President may vacate his or her office without terminating his or her membership of the the Governing Board.
Disqualification, vacation of office and filling of vacancies
- (1) No person shall be elected or appointed as a member of the Governing Board-
(a)who is an unrehabilitated insolvent;
(b)who in terms of this Act or any other Act, is disqualified from practising his or her profession; and
(c)who is not a South African citizen permanently resident in the Republic;
(2) A member of the Governing Board shall vacate his or her office if-
(a)he or she becomes subject to any disqualification referred to in subsection (1);
(b)he or she ceases to hold any qualification necessary for his or her appointment;
(c)he or she has been absent from more than two consecutive ordinary meetings of Governing Board without prior written apology;
(d)(i)being an elected member, he or she tenders his or her
resignation in writing to the Registrar; or
(ii)being a member appointed or designated by the Minister,
he or she tenders his or her resignation in writing to the Minister and the Minister accepts his or her resignation;
(e)he or she becomes a patient or a State patient as defined in section 1 of the Mental Health Act, 1973 (Act 18 of 1973);
(f)he or she is convicted of an offence, whether in the Republic or elsewhere;
(g)the Minister in the public interest terminates his or her membership.
(3) Any vacancy on the Governing Board arising from a circumstance referred to in subsection (2) and every vacancy caused by the death of a member, shall be filled by appointment or election, as the case may be, by the person or body by whom and in the manner in which the vacating member was required to be appointed or elected, and every member so appointed or elected shall hold office for the unexpired portion of the period of office of the vacating member.
Meetings of the Governing Board
8(1) The Governing Board shall meet at the times and places determined by it , but shall meet at least four times in every year.
(2) The President may-
(a)at any time convene a special meeting of the Governing Board, to be held on such date and at such place as he or she may determine, and he or she shall, upon a written request by the Minister or a written request signed by at least six members of the Governing Board, convene a special meeting, to be held within thirty days after the date of receipt of the request, on such date and at such place as he or she may determine; and
(b)such written request shall state clearly the purpose for which the meeting is to be convened.
Quorum and Meeting Procedures
9.(1) A majority of the members shall constitute a quorum at any meeting of the Governing Board.
(2) A decision of the majority of the members of the Governing Board present at any meeting shall, subject to the provisions of paragraph (b) constitute a decision of the Governing Board.
(3) In the event of an equality of votes the member presiding at the meeting in question shall, in addition to his or her deliberative vote, also have a casting vote.
(4) No decision taken by the Governing Board or act performed under the authority of the Governing Board shall be invalid by reason only of a casual vacancy on the Governing Board or of the fact that a person who was not entitled to sit as a member of the Governing Board sat as a member when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the Governing Board who were present at the time and entitled to sit as members.
Committees of the Governing Board
10.(1) The Committees of the Governing Board shall be established by the Governing Board having due regard to the objects of the Council.
(2) The Governing Board shall establish the following Committees-
(a)executive committee
(b)disciplinary committee;
(c)audit and risk committee;
(d)education committee;
(e)finance and human resources committee;
(f)tariff committee; and
(g)any other Committee which the Governance Board deems necessary for the effective functioning of the Governing Board and Council.
(3) The Members of the Committees of the Governing Board shall be appointed by the Governing Board.
(4)The Governing Board shall have the power to co-opt other persons to the Committees of the Governing Board for purposes of assisting the Committees with the due and proper exercise and performance of any of the Committees’ powers and functions, PROVIDED that co-opted Members serving on Committees serve in an advisory capacity only, and may not vote at any Committee meeting of which they are Members.
(5)The Governing Board shall have the power to dissolve, extend or reduce the Committees so established.
(6)All Committees of the Governing Board must have the majority of its Membership from non-executive members of the Governing Board.