April 2023 Newsletter

Message from the President

Welcome to the first edition of the Dental Council of NSW’s (the Council) Newsletter for 2023.  This is also my last edition as President.

Having served on the Council for the past nine years, the maximum permitted under the National Law, my term will end on 30 April 2023.  It has been both an honour and a privilege serving the NSW public and the dental profession during this time. 

Over this nine-year period, the number of complaints received by the Council has fluctuated.  During my first year on Council, 370 complaints were received.  Since that time, the numbers peaked at 528 in 2015/16 and then dropped to between 400 & 462, until another peak of just over 500 in 2019/20.

While the current financial year is yet to end, complaints are tracking to be around the same number as was seen in my very first year.  I am hoping that they will indeed be lower than my first year. This is very reassuring and it would be pleasing to see this downward trend continue.

It is difficult to determine the exact reason for the decrease in complaint numbers, however I hope that the educational pieces, included in our newsletters about the types of complaints the Council has dealt with, have assisted other practitioners review their practice to ensure they do not also receive a similar complaint. 

Another focus of the Council over this period has been on infection control.  We all know how important it is to maintain the highest infection control standards within our practice settings and this was brought to the forefront during the COVID-19 pandemic. 

During my time on Council, we have dealt with a number of serious infection control breaches, particularly in 2015/16 and again in 2018.  This resulted in the introduction of the Council’s random infection control inspections program.  It is pleasing to report that, of the practice settings randomly inspected by the Council in recent years, the significant majority have met the approved standards. 

While the main role of the Council is to protect the public by ensuring practice settings are safe, this process has also allowed the Council to act in an educative capacity by ensuring practitioners are aware of their obligations as they relate to infection control.

I would like to take this opportunity to acknowledge my other Council members, both past and present, who have supported me throughout my time on Council.  I also extend this appreciation to the staff of the Health Professional Councils Authority (HPCA), who provide outstanding administrative support, guidance and expertise to the Council on a daily basis.

As you may be aware, the Council President is appointed by the NSW Governor, following a recommendation by the Minister for Health, Regional Health and Mental Health.  At the time of writing this message, due to a number of factors including the recent NSW State election, the new President is yet to be appointed.

I would like to reassure you that this appointment delay does not impede the important role of the Council in protecting the health and safety of the public.  The National Law and the Council’s delegations ensure that, although the position of President remains vacant, other delegated members/bodies can continue to make decisions regarding complaints about registered dental practitioners in NSW to ensure the public is protected.

Once the appointment has been confirmed, the Council will advise all NSW dental practitioners.

I would like to take this opportunity to wish you all the best for the future.

Clinical Associate Professor F. Shane Fryer OAM
President

Complaints about dental practitioners and Deeds of Release

In NSW, complaints can be made to the Dental Council (Council), Health Care Complaints Commission (HCCC) and/or the Australian Health Practitioner Regulation Agency (Ahpra).  Complaints can be made about the clinical care and treatment, professional behaviour or health of a registered dental practitioner. For further information about the complaints process, please visit the Council’s website.

Section 4.6 of the Dental Board of Australia’s Code of Conduct acknowledges that patients have a right to raise concerns about their care.  It also recognises that good practice includes a dental practitioner working with a patient to resolve the issue, directly where possible.  However, it should be noted that this does not preclude the patient from making a complaint to the Council, HCCC or Ahpra.

The Council is aware that, from time to time, practitioners may ask a patient/carer to sign a Deed of Release in relation to a particular concern of that patient/carer.  Practitioners are advised that a Deed of Release should not prevent a patient/carer from lodging a complaint with a regulator and patients/carers should not be asked to sign a document listing this condition. 

Practitioners are directed to section 98 of the Health Care Complaints Act 1993 which states:

98   Offence: intimidation or bribery of complainants

(1)  A person who, by threat, intimidation or inducement, persuades or attempts to persuade another person ...

(a)  not to make a complaint to the Commission or a professional council or not to continue with a complaint made to the Commission or a professional council, or

(b)  not to have discussions with, or take part in proceedings before, the Commission or a professional council concerning a complaint or a matter that could become the subject of a complaint,

is guilty of an offence.

(2)  A person who refuses to employ or dismisses another person, subjects another person to any detriment, or harasses another person, because the other person ...

(a)  intends to make a complaint, has made a complaint, or has had a complaint made on his or her behalf or otherwise concerning him or her, to the Commission or a professional council, or

(b)  intends to take part, is taking part, or has taken part in any discussions with, or proceedings before, the Commission or a professional council concerning a complaint or a matter which could become the subject of a complaint,

is guilty of an offence.

If practitioners enter into Deeds of Release which seek to preclude patients/carers from making or continuing with complaints, section 237 of the Health Practitioner Regulation National Law (NSW) may prevent the clause from being enforced:

237   Protection from liability for persons making notification or otherwise providing information

(1)  This section applies to a person who, in good faith ...

(a)  makes a notification under this Law; or

(b)  gives information in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.

(2)  The person is not liable, civilly, criminally or under an administrative process, for giving the information.

(3)  Without limiting subsection (2) ...

(a)  the making of the notification or giving of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct; and

(b)  no liability for defamation is incurred by the person because of the making of the notification or giving of the information.

(4)  The protection given to the person by this section extends to ...

(a)  a person who, in good faith, provided the person with any information on the basis of which the notification was made or the information was given; and

(b)  a person who, in good faith, was otherwise concerned in the making of the notification or giving of the information.

 Practitioners are encouraged to review their Deeds of Release to ensure that they meet the Council/Board’s expectations regarding a patient/carer’s right to make or continue with a complaint about a registered dental practitioner.

**Disclaimer – This article has been prepared for your information and does not amount to legal advice. If you have questions or concerns you should contact your legal representative or Professional Indemnity Insurer to obtain advice relevant to your circumstances.**

Responsible advertising of regulated health services

The Dental Board of Australia has recently highlighted the importance of responsible advertising of regulated health services and how this helps to keep the public safe. Over the past two years, Ahpra has conducted random audits of practitioner advertising. A recent audit of dental practitioners identified that 65% of the practitioner sample had some form of online advertising and 19% had one or more breaches of the advertising rules.

The most common breach related to specialist titles.  Dental practitioners are not permitted to call themselves a specialist or state that they specialise in a specific field or service, unless they hold specialist registration in a relevant specialty.

To ensure that your advertising is compliant with the National Law, the Council encourages all dental practitioners to access Ahpra’s advertising hub, including its self-assessment tool.

Updated fact sheet on use of title

Following consultation, the Board has updated its fact sheet on use of title. The fact sheet provides guidance so dental practitioners don’t mislead anyone when describing and/or advertising themselves to patients.

The National Law protects certain titles and misuse of title can lead to prosecution and/or disciplinary action. You must not use the title ‘dental specialist’ unless you are registered in the relevant recognised specialty.

NSW Health Oral Health Strategic Plan 2022-2032

The NSW Health Oral Health Strategic Plan 2022-2032 was launched in late February 2023.  This plan provides direction for public oral health services over the next 10 years and sets out the following key areas:

• improving oral health wellness across the population
• providing safe, high quality patient-centred care
• delivering truly integrated care
• enabling research, innovation and health technologies
• supporting and developing our workforce.

Further information about the plan is available here.

TGA survey for Dental and oral health professionals about point of care manufacturing

The Therapeutic Goods Administration (TGA) has issued a survey asking dental and oral health professionals about the regulation of medical devices manufactured at the Point-of-Care (POC).

The survey is relevant for clinics, providers and facilities involved in modifying, designing, and/or manufacturing medical devices for the dental sector. The survey focuses on how the recently introduced changes to the personalised medical devices framework apply to manufacturing at the POC and what refinements could be made to ensure regulation is appropriate without introducing unnecessary burdens for POC facilities.

The dental and oral health survey will take 10–15 minutes.

The aim is to capture information about POC manufacturing activities, including:

• what kind of devices are being manufactured
• who is manufacturing the devices, and
• what measures are currently in place to ensure devices are safe and fit for the intended purpose.

The TGA will use the survey responses to refine its regulatory framework.

The survey will only take 10–15 minutes and closes at 11:59pm on Sunday 7 May 2023.

TGA - fact sheet for health professionals about patient information on implantable medical devices

The TGA has developed a fact sheet to support health professionals’ understanding and use of medical device patient information materials for implantable devices. The fact sheet explains what patient information materials are, why they were introduced, how they can be used to help patients know more about the implantable devices that are recommended or have been received as part of their treatment, and who is responsible for providing these materials to patients.

The fact sheet is available on the TGA website.

Council Education and Research Grants

Mid-year round closes on 1 May 2023. End-of-year round opens on 1 September 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, and 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.

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.