December 2021 Newsletter

Message from the President

Welcome to the December edition of the Dental Council of NSW’s Newsletter.

As 2021 draws to a close, I would like to take a moment to reflect on the year that was. We are all aware that COVID-19 continues to challenge us. At the writing of this message, the omicron variant is at the forefront of our government/health officials’ minds.

Throughout the year we have all experienced difficulties, including the need to regularly review our dental practice based on the public health orders; not being able to see family and friends, and not being able to travel beyond our local area or state.

I would again like to applaud you for your resilience during this time and for ensuring that our patients and loved ones continue to remain as safe as possible. I acknowledge the toll that this has taken on you, both from a personal and professional perspective.

In relation to the Council’s regulatory work, as noted in the August Newsletter the number of complaints received during this financial year has decreased compared to the last financial year. More detailed information regarding the Council’s regulatory work is contained within the Council’s Annual Report 2020/21, and this is showcased further on in this edition of the newsletter.

I would like to acknowledge the role you play in the lives of our patients and their families each day. Our ultimate aim is to deliver the very best treatment and care to our patients. During the past two years this has occurred under very difficult circumstances and you should all be proud of your achievements during this time.

On behalf of the Council, I wish you all the best over the festive period and I trust that you will have the opportunity to spend time with your loved ones, and to hopefully have a well-deserved break.

All the best for 2022. Stay safe.

Clinical Associate Professor F. Shane Fryer OAM
President

Council annual report 2020/21

The Council’s annual report 2020/21 is now available on the Council’s website. There has been a 14% reduction in complaints lodged compared to the previous financial year. The majority of complaints continue to relate to clinical care.

During 2020/21, the vast majority of complaints closed by the Council resulted in the matter being discontinued or no further action taken.

It is important to note that the Council’s primary function is public protection. Where the Council determines that regulatory action is to be taken, it is done so to protect the public. The action taken by the Council is not punitive.

I encourage all practitioners to view the full Annual Report. In the meantime, a snapshot is provided for your information.

Call for expressions of interest: Assessment Committee

The Council is seeking expressions of interest from registered dental practitioners in NSW to join the Assessment Committee.

Role of the Committee

The Health Practitioner Regulation National Law (NSW) (National Law) provides the power for the Council to establish an Assessment Committee (Committee). The Committee works completely independent of the Council.

Where the Council determines that a complaint against a registered dental practitioner requires further detailed investigation, it may refer the complaint to the Committee. The Committee must investigate any matter referred to it by the Council.

When investigating a complaint, the Committee may obtain the medical, legal, financial or other advice it deems necessary or desirable.

At the conclusion of its investigation into a complaint, the Committee provides a report to the Council. The Council takes the Assessment Committee’s report and recommendations into account when considering the appropriate action to be taken with respect of the complaint.

Membership of the Committee

The Committee is comprised of four members, as follows:

• three registered dental practitioners
• one person who is not a registered dental practitioner/student appointed from among a panel nominated by the Minister.

The Chair is appointed by the Council.

The majority of complaints considered by the Committee relate to dentists. The National Law requires that at least one and, if practicable, all, of the registered dental practitioner members on the Committee must be registered in the same division as the practitioner who is the subject of the complaint. Where a complaint relates to another division, members of that division will be appointed to a Committee to consider that complaint.

Meetings of the Committee

Meetings are scheduled monthly. However, a meeting may not be held each month. This is dependent on the Committee’s workload at any given time. Meetings generally last from 1-3.5 hours (half day) but may extend to a full day. Meetings may be held face to face or via videoconference/teleconference.

Committee member payments

A member of a Committee, while sitting on the Committee, is entitled to be paid by the Council at a rate decided by the Minister. The current rates are as follows:

• Chair (half day): $515
• Chair (full day): $1030
• Member (half day): $361
• Member (full day): $772

Selection Criteria:

1. Current registration as a dental practitioner in Australia with no restrictions and relevant professional experience and training.
2. Thorough knowledge of the legislative/regulatory framework and approved standards and guidelines for dental practitioners in Australia.
3. Demonstrated capacity to investigate and critically analyse issues/complaints and provide reports and advice.
4. High level written and verbal communication skills.
5. Excellent organisational skills and ability to meet deadlines.
6. IT skills including Microsoft Office based computer skills.

Directions for applicants

1.  Your application should include:

• a resume
• brief response to the selection criteria

2.  Please email your application marked attention to Colin Borg to mail@dentalcouncil.nsw.gov.au

Closing date: 24 January 2022

Further information: Contact Colin Borg, Executive Officer on (02) 9219 0205.

Social media: How to meet your obligations
under the national law

In November 2019, the Dental Board of Australia (Board) issued guidance on social media which outlines the obligations of registered dental practitioners under the National Law. It is important to note that, when using social media, the National Law, the Board’s Code of Conduct, and the Guidelines for advertising regulated health services apply, just as when you interact in person.

The Board has, in its guidance, outlined examples of when activity on social media could trigger someone to make a complaint about a registered health practitioner.

Over time, the Council has seen an increase in complaints regarding dental practitioners and the use of social media. Some examples include:

• providing health advice on areas outside dentistry and for which the practitioner is not educated, trained or competent
• making comments and/or endorsing or sharing information which contradicts the best available scientific evidence and/or public health initiatives/messaging
• commenting on social media, in response to a post made by a patient, which breached the patient’s privacy
• unprofessional, disrespectful and/or threatening communication with/about patients and/or other practitioners.

When using social media, practitioners can meet their obligations by:

• complying with confidentiality and privacy obligations
• complying with professional obligations as defined in the Board’s Code of conduct
• maintaining professional boundaries
• communicating professionally and respectfully with or about patients, colleagues and employers, and
• not presenting information that is false, misleading or deceptive, including advertising only claims that are supported by acceptable evidence.

Practitioners must be aware of their obligations when using social media.

Council education and research grants

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.

COVID-19 and vaccines - joint statement

A Joint statement on COVID-19 and vaccines has been issued by Ahpra and the National Boards, the Health Care Complaints Commission, the Office of the Health Ombudsman and the Therapeutic Goods Administration.

The statement aims to assist you in getting the best advice for you and your family.

Health and wellbeing support service
for dental practitioners

“We have received a number of calls from dental practitioners about the impact of government health orders on their practice and livelihoods. The challenges of a changing workplace and limited operation has left some callers confused or stressed. We’re able to help them talk through their concerns and develop a plan for next steps or direct them to the right resources.” – Dental Practitioner Support Service Clinician

The Dental Board of Australia (the Board) 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.

Health Professional Councils Authority (HPCA)
office closure

The HPCA office will be closed from Monday 27 December 2021 to Friday 7 January 2022.

HPCA will continue to process urgent complaints during this period. Less urgent matters may not be dealt with until the week beginning Monday 10 January 2022. If you have any queries, please contact HPCA/Dental Council team prior to the office closure at mail@dentalcouncil.nsw.gov.au.