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Dentistry (Jersey) Law 201-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 5 August 2015:

Decision Reference:        MD-HSS-2015-0029

Decision Summary Title :

Draft Dentistry (Jersey) Law 201-

 

 

Date of Decision Summary:

30 July 2015

Decision Summary Author:

Head of Professional and Care Regulation

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

-

Written Report

Title :

Draft Dentistry (Jersey) Law 201-

 

 

Date of Written Report:

22 July 2015

Written Report Author:

Head of Professional and Care Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Approval of Draft Dentistry (Jersey) Law 201- for lodging.

Decision(s): The Minister for Health and Social Services approved the Draft Dentistry Law 201- for lodging and directed that the document should be lodged “au Greffe” so as to allow the Law to be debated by the States.

Reason(s) for Decision:     

 

The Dentistry (Jersey) Law 201- replaces the Dentists (Registration) (Jersey) Law 1961 with new legislation that combines the existing regime for the registration of dentists with new provisions governing the registration of dental care professionals.  This is the first stage of reform of dentistry registration and it is acknowledged that the Law will need further revision when the planned framework for dentistry revalidation is agreed and introduced in the UK.

 

The Jersey Law relating to professions allied to dentistry has not kept pace with equivalent UK legislation on which the local Law is based. This means that whilst certain dental care professions can lawfully practise in the UK they cannot undertake the same scope of work in Jersey or undertake such work unsupervised by a dentist without committing a criminal offence.

 

The objectives for reform are to match the provisions in Jersey with those in the UK so that:

  • the same classes of ancillary worker are provided for;
  • they are permitted to do the same scope of  work as they do in the UK;
  • they are subject to the same standards of regulation as they are in the UK; and
  • the differential between the permitted practices for ancillaries employed by a States Body in comparison to the private sector is removed.

 

To achieve these objectives the draft Law will essentially provide a secondary registration scheme for dental care professionals working in Jersey which will be dependent on registration with the GDC. 

 

The dental care professionals that will be included in the new draft Law are:

  • clinical dental technicians
  • dental nurses
  • dental technicians
  • orthodontic therapists
  • dental therapists
  • dental hygienists

 

The draft Law will offer the public a wider choice of appropriately qualified and competent practitioners providing a range of dental services.

The Attorney General has confirmed that the Draft Law is compliant with the European Convention on Human Rights.

 

Resource Implications: Administration costs associated with the registration of additional dental care professionals will be met within the existing regulatory function and income from a registration fee equivalent to that already in place for dental hygienists. The costs are likely to be offset by a web based electronic system for registration and renewal currently under development.

 

 

Action required:    

The signed Ministerial Decision to be sent to the States Greffe for archiving. The draft Dentistry (Jersey) Law 201- and report to be forwarded to the Greffe along with a request to the Greffier of the States to arrange for the projet to be lodged 'au Greffe’ .

 

Signature:

 

Position:

Minister for Health and Social Services

 

Date Signed:

Date of Decision (If different from Date Signed):

 

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