Dental Technicians Act, 1979 (Act No. 19 of 1979)Chapter 3 : Offences and the Control over Artificial Teeth27. Acts which may be performed only by dentists, clinical dental technologists, dental technicians or dental technologists |
| (1) | No person other than a dentist or clinical dental technologist, shall, for gain— |
| (a) | supply or undertake to supply any artificial denture or other dental appliance to any person for use by that person; or |
| (b) | make, repair, alter or work upon, or undertake to make, repair, alter or work upon, any artificial denture or other dental appliance unless the denture or appliance, or the impression, model or other direction for making, repairing or altering of or the working upon the denture or appliance, has been or is to be delivered to him or her by a dentist or clinical dental technologist, and the denture or appliance is to be returned or delivered, as the case may be, by him or her to the dentist or clinical dental technologist. |
| (2) | No person other than a dentist or clinical dental technologist shall— |
| (a) | pretend or hold himself or herself out to be entitled or prepared to supply, make, repair, alter or work upon any artificial denture or other dental appliance otherwise than in accordance with the provisions of subsection (1); or |
| (b) | solicit or accept, for execution by any person in contravention of subsection (1), any order for the supply, making, repair or alteration of or the working upon any artificial denture or other dental appliance. |
| (3) | No person, other than a person referred to in subsection (9), shall for gain practice the profession of dental technician or dental technologist or perform any act specially pertaining to the profession of dental technician or dental technologist, as the case may be, unless he or she has been registered as a dental technician or a dental technologist, as the case may be, under section 18. |
| (4) | In any prosecution for a contravention of any provision of subsection (1) or (3), the accused shall, unless the contrary is proved, be deemed to have performed the act in respect of which the prosecution is instituted for gain. |
| (5) | No person who is not registered under section 18 shall hold himself or herself out to be registered as a dental technician or a dental technologist or use any name, title, description or symbol indicating or calculated to lead persons to infer that he or she is registered as a dental technician or a dental technologist. |
| (6) |
| (a) | No dental technician shall for his or her own account practise the profession of dental technician or shall be a member of a partnership or an association of dental technicians or dental technologists which practises that profession or shall be a member of a juristic person which carries on a business in which is performed any act specially pertaining to the profession of dental technician, unless he or she has, after having been registered as a dental technician performed the work of a dental technician and has acquired a National Higher Diploma in Dental Technology. |
| (b) | The provisions of paragraph (A) shall not apply to any person who at the commencement of this Act so practised that profession or was then such member or then had the right to practise that profession or to be such a member. |
| (7) |
| (a) | The prohibitions in subsections (1) and (2) shall not replace those contained in section 38(1) of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974). |
| (b) | The provisions of subsection (2) shall not imply that any dentist or clinical dental technologist who solicits, or allows, any person to solicit on his or her behalf, any order referred to in that subsection, or accepts any such order so solicited, is not guilty of improper conduct, or that an inquiry under Chapter IV of the Medical, Dental and Supplementary Health Service Professions Act, 1974, may not be instituted against any such dentist or clinical dental technologist. |
| (8) | Subject to the provisions of sections 19, 23 and 28 no person shall employ any other person to perform the work of a dental technician or a dental technologist or any act specially pertaining to the profession of dental technician or dental technologist, as the case may be, unless such other person is registered in terms of section 18. |
| (9) | The prohibition in subsection (3) shall not apply in respect of— |
| (a) | a dentist or clinical dental technologist; |
| (b) | a student dental technician or a student dental technologist, if the act in question is performed for purposes of his or her training in dental technology; |
| (c) | a person registered in terms of section 23, provided he or she observes the restrictions in respect of such registration; |
| (d) | a dental laboratory assistant in the employment of a dental technician or a dental technologist who performs any act referred to in paragraphs (a) to (f) of subsection (1) of section 28 in the circumstances referred to in subsection (2) of that section. |