December 2022 Newsletter

Message from the President

Welcome to the final edition of the Dental Council of NSW’s (the Council) Newsletter for 2022. 

As we fast approach the end of another year, it is important to reflect on the last 12 months. The year has seen a number of challenges, which have included the ongoing impact of COVID-19 on the world; unprecedented and recurring floods throughout areas of NSW, and more recently, cost of living burdens and increases in interest rates. These issues not only impact us, but also our patients.

Over recent years we have had to demonstrate resilience while also continuing to provide necessary treatment and care to our patients. I, again, applaud all of you for your professionalism during this period and for the care that you provide to our communities throughout NSW.

During the year, the Council has continued its important work in ensuring the health and safety of the public in NSW. As noted in our August newsletter, a reduction in the number of complaints received about dental practitioners was recorded for the last financial year. This is pleasing to report. The Council’s Annual Report provides further detail regarding our regulatory work and this is showcased further on in this edition of the newsletter.

This newsletter also contains other important information relevant to the work of the Council and your responsibilities as registered dental practitioners. 

A call for expressions of interest for appointment to the Council is also included.
If you are interested in the work of the Council and being involved in public protection, I encourage you to apply.

On behalf of the Council, I wish you all the best for the festive season. I hope you have the opportunity to spend time with family and friends during this period. 

Wishing you a happy and safe 2023.

Clinical Associate Professor F. Shane Fryer OAM
President

Call for expressions of interest – Appointment to the Dental Council of NSW

Expressions of Interest (EOI) are being sought for suitably qualified and experienced practitioner and community members for appointment to the Dental Council of NSW.

The primary responsibility of the Council is to protect the public by managing complaints and notifications about the health, performance and conduct of dental students and registered dental practitioners practising in NSW in conjunction with the Health Care Complaints Commission (HCCC). The Council provides an important public safety role and aims to promote good practice in the dental profession.

We anticipate the term for each position to commence on 1 July 2023, once approved by the Minister.

Applicants will be selected on merit and be required to provide an appropriate range of knowledge, skills and diversity within the Council membership.

For more information and to apply, please click on the relevant role:

Community Members

Practitioner Member

Expressions of interest should be submitted by 9am on Friday 6 January 2023.

Call for Expressions of Interest for Council Professional Officer/Authorised Person

Expressions of interest are being sought from suitably qualified and experienced candidates for the joint role of Council Professional Officer/Authorised Person.

Professional Officer

The Professional Officer facilitates the implementation of the functions of the Dental Council of NSW in accordance with the Health Practitioner Regulation National Law (NSW) by providing expert advice in relation to the management of health, conduct and performance matters for dental students and registered dental practitioners in NSW. Broadly, this involves:

• consulting with the Health Care Complaints Commission (HCCC) on behalf of the Council on complaints received regarding dental practitioners
• provision of expert advice to the Council, staff, panels and committees on a range of matters relating to the contemporary practice of dentistry in Australia
• interviewing/counselling of dental practitioners in relation to health, performance and conduct matters
• provision of expert opinion/advice in complex matters/correspondence provided to dental practitioners
• input into the review of the Council’s processes and procedures.

Authorised Person

Appointment as an Authorised Person allows that person, with the specific approval of a health professional council, to exercise powers under section 164 of the National Law, including the power to investigate a complaint, inspect and enter premises and to copy documents.

For further information regarding these roles including the position description, selection criteria and application process, please click here.

Applications close on Tuesday 31 January 2023.

Council Annual Report 2021/22

The Council’s Annual Report 2021/22 has been published. This provides detailed information regarding the Council’s regulatory work. As noted earlier, the number of complaints received during the year has reduced, compared to previous years. It is also important to note that, in the vast majority of complaints, the matters were discontinued or no further action taken.

Any action taken by the Council, as a result of a complaint, is not punitive. The Council’s primary role is public protection and any regulatory action is taken to protect the health and safety of the public.

Importance of providing informed consent

Informed consent is a person’s voluntary decision about healthcare that is made with knowledge and understanding of the benefits and risks provided. Each year, the Council receives a number of complaints relating to informed consent. 

The majority are from patients who raise concerns that they were not provided an opportunity to consent to treatment; they were provided insufficient information to allow for an informed decision to be made regarding their treatment, they were not made aware of the cost of treatment, and/or did not provide financial consent to the treatment provided.

It is the dental practitioner’s responsibility to ensure that informed consent is provided by patients whenever providing care/treatment.

The Dental Board of Australia’s Code of Conduct outlines the expectations relating to informed consent. Good practice includes that you:

a.    provide information to patients in a way they can understand before asking for their consent

b.    give the patient enough time to ask questions and make informed decisions

c.    act according to the patient’s capacity for decision-making and consent, including when caring for children and young people, based on their maturity and capacity to understand, and the nature of the proposed care. You should consider the need for the consent of a parent, carer, guardian or other substitute decision maker

d.    get informed consent from the patient or, where the patient does not have the capacity, from their parent, carer, guardian or other substitute decision maker before carrying out any examination or investigation, providing treatment (this may not be possible in an emergency), or involving patients in teaching or research. When obtaining informed consent you should include information on material risks and expected outcomes and take into account any advance care directive (or similar)

e.    get financial consent by discussing fees in a manner appropriate to the professional relationship and addressing the costs of all required services and get general agreement about the level of treatment to be provided, preferably before the service is provided

f.     inform your patients of the benefits, as well as associated costs or risks, when referring them for further investigation or treatment, which they may wish to clarify before proceeding, and

g.    document consent appropriately, including considering the need for written consent for procedures which are of higher risk or may result in serious injury or death.

Council Education and Research Grants - Next round opens on 1 March 2023

The Council protects the public by managing complaints about conduct, performance and health matters concerning registered dental practitioners practising in NSW and health and conduct matters related to registered students training in NSW.

Under section 41S of the Health Practitioner Regulation National Law (NSW) the Council may establish an Education and Research Account to provide funding for research and education purposes relating to the health, performance and conduct of registered dental practitioners and students.

The Council’s Education and Research Program provides Grants to applicants to undertake approved research/education projects – up to $10,000 per application. Grants are available to applicants who are registered dental practitioners (all divisions) whose principal place of practice is in NSW, or registered students (all divisions) training in NSW. Grants may be awarded to individuals, groups or institutions.

Examples of the types of projects the Council may support include:

• Identification of areas of need in the Council’s regulatory programs. For example, deficiencies in educational programs that lead to registration, identification of risk factors associated with complaints, or the assessment of outcomes relating to health, performance or conduct pathways.
• Development and evaluation of Continuing Professional Development courses or training that will support the Council’s regulatory activities. For example, professional ethics, regulatory processes, or training for members of the Council, Tribunals or Panels.
• Preparation, coordination and conduct of conferences to convey outcomes of research relevant to the Council’s regulatory work.

The Research and Education Grants Guidelines provide further information about the application process. To apply, please use the Research and Education Grants Application Form.

The Council calls for applications twice a year. Applications for the mid-year round of funding open on 1 March and close on 1 May. The end of year round of funding opens on 1 September and closes on 1 November.

For more information, please visit the Council’s website.

Administration of Schedule 2, 3 or 4 synthetic local anaesthetic by registered dental hygienists, dental therapists and oral health therapists

From 1 October 2022, under the Poisons and Therapeutic Goods Regulation 2008 (NSW) registered dental hygienists, dental therapists and oral health therapists are authorised to administer any Schedule 2, 3 or 4 synthetic local anaesthetic (including articaine) in the course of their professional practice.

Additional information is available on the NSW Ministry Pharmaceutical Services website.

If you have any further queries, please email Pharmaceutical Services at MoH-PharmaceuticalServices@health.nsw.gov.au.

Dental Board of Australia’s position statement on the Minamata Convention on Mercury

The Dental Board of Australia has published a position statement on the Minamata Convention on Mercury.

The position statement provides information to dental practitioners and students about the Minamata Convention on Mercury (the convention), to which Australia is a party. Parties to the convention are required to take actions to phase down the use of dental amalgam. The aim is to protect human health and the environment from the adverse effects of mercury.

Under the convention, Australia is required to take action to ensure:

• mercury in bulk form must not be used by dental practitioners, and
• the use of dental amalgam for the dental treatment of deciduous teeth, of patients under 15 years, and of pregnant and breastfeeding women, is not recommended except when considered necessary by the dental practitioner based on the needs of the patient.

The Board expects dental practitioners and students will refer to and practise in alignment with the convention, including the phase-down actions for dental amalgam.

Dental practitioners can use dental amalgam but should consider whether it is appropriate based on a patient’s individual needs and circumstances.

Further information, including the position statement, is available on the Board’s website.

Ahpra public consultation: Draft data strategy

The Australian Health Practitioner Regulation Agency (Ahpra) has launched a public consultation on its draft Data strategy and future directions for three focus areas:

• the public register of health practitioners
• data sharing,
• advanced analytics.

Ahpra invites practitioners, members of the community, employers and other stakeholders to give feedback on the draft Data strategy and the future uses of the data it collects and holds.

The public consultation closes on 31 January 2023.

Health and Wellbeing Support Service for Dental Practitioners

The Dental Board of Australia has funded a nationwide health and wellbeing support service for dental practitioners.

Dental Practitioner Support is the first national 24/7 telephone and online service for all dental practitioners. The service also offers support to dental students, educators, employers, Australian Dental Council exam candidates and concerned family members.

An experienced team of counsellors will provide confidential and immediate support, advice and referral on a wide range of health and wellbeing related issues. The service runs independently of the Board.  Anyone calling the service does not have to give their name.

Access Dental Practitioner Support:

• 1800 377 700
• dpsupport.org.au

If you are experiencing difficulties, the Council strongly recommends you access this free and anonymous service.