Dentists Act 1984

37 Definition of practice of dentistry. U.K.

(1) [F1 Subject to subsection (1A), for] the purposes of this Act, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists; and any person who performs any operation or gives any treatment, advice or attendance on or to any person as preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances shall be deemed to have practised dentistry within the meaning of this Act.

[F2 (1A) For the purposes of this Act, the practice of dentistry shall be deemed not to include the performance of any medical task by a person who—

(a) is qualified to carry out such a task; and

(b) is a member of a profession regulated by a regulatory body (other than the Council) listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.]

[F3 (2) Dental work to which subsection (2A) or (2B) applies shall not be treated for the purposes of this Act as amounting to the practice of dentistry if it is undertaken under the direct personal supervision of—

(a) a registered dentist; or

(b) a registered dental care professional of a kind authorised in rules under this section to carry out such supervision.

(2A) This subsection applies to dental work if it is undertaken—

(a) by a person recognised by a dental authority as a student of dentistry or by a medical authority as a medical student; and

(b) as part of a course of instruction or training approved by that authority for students of that kind or as part of an examination so approved.

(2B) This subsection applies to dental work if it is undertaken by a person as part of—

(a) a course of instruction or training which he is following in order to qualify for registration in the dental care professionals register under a particular title or titles; or

(b) an examination which he must pass in order to satisfy the requirements for registration in that register under a particular title or titles.]

[F4 (2C) Subsection (2) does not have effect in relation to dental work that is done by a person as part of an adaptation period specified in relation to the person by the Council under section 15ZA or 36C(4E).]

[F5 (3) In this section “medical authority” means [F6 a body or combination of bodies included in the list maintained under section 4(1)] of the Medical Act 1983 (qualifying examinations and primary United Kingdom qualifications) which is entitled to hold qualifying examinations for the purpose of granting one or more primary United Kingdom medical qualifications.]

Textual Amendments

F1 Words in s. 37(1) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 34(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F2 S. 37(1A) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 34(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F3 S. 37(2)-(2B) substituted for s. 37(2) (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 34(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F4 S. 37(2C) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 32

F5 S. 37(3) substituted (17.12.2002) by S.I. 2002/3135, arts. 1(2)(j), 16(1), Sch. 1 para. 11

F6 Words in s. 37(3) substituted (3.11.2008) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(5), Sch. 5 para. 1; S.I. 2008/2556, art. 2(1)(b)