Under the ‘old rules’
The Professional Conduct Committee can take the following action when a dental professional has been found guilty of 'serious professional misconduct':
The Committee can also:
Under the ‘new rules’
Any of the Practice Committees can take the following action when a dental professional’s fitness to practise is impaired by reason of misconduct, poor performance or ill health:
The Committee can also:
Public Admonition or Reprimand
An appearance in public before the Practice Committee is in itself an uncomfortable experience for the dental professional and may well be covered by the press. At the end of the inquiry the Chairman may tell the dental professional that, although allegations are found proved and that they have amounted to 'serious professional misconduct' or impairment, they do not warrant erasure from the Register or suspension, nonetheless they are regarded as reprehensible in a professional person and, if repeated, may result in erasure or suspension.
Postponed Judgement (old rules)
A postponed judgement can perhaps be regarded as curative rather than preventive in intention. In this case the dental professional is told that the misconduct, as proved to the satisfaction of the Professional Conduct Committee, (or the offence which led to conviction) is sufficiently serious to justify erasure from the Register or suspension, but that the Committee is prepared to give the dental professional a chance to reform and will therefore not make a determination until it has had an opportunity of seeing whether reform has been demonstrated.
The Committee can postpone its decision and will require the dental professional at the end of that period to supply testimonials relating to the intervening period. This is broadly equivalent to the practice of the criminal courts of putting a convicted person on probation, reserving the right, if a further offence is committed, to impose a custodial sentence.
Conditions
Under the ‘new rules’, where a practitioner’s fitness to practise is found to be impaired, the Committee may decide to impose conditions on a dental professional’s registration for a period of up to 3 years. At the resumption of the case, the Committee hears the evidence as to whether the dental professional has complied with the conditions previously imposed, and decides what sanction to impose. It is open to the Committee to choose any sanction but erasure.
Suspension
A dental professional's registration may be suspended for any period considered appropriate by the Committee, to a maximum 12 months. The Committee may consider suspension appropriate when some positive action should be taken, but where the nature of the dental professional's misconduct or impairment does not merit the ultimate sanction of erasure. The Committee may decide that the case has to be reviewed before the end of that period. At the resumption of the case it is open to the Committee to choose any sanction but erasure.
The Committee may decide to suspend a dental professional’s registration indefinitely if the practitioner’s suspension lasted for 2 years. The Committee can review the decision if the registrant’s has asked for a review and 2 years have elapsed since the decision since the date on which the decision took effect.
Erasure
Finally, the Committee can choose to erase the dental professional's name from the Dental Professional Register. This is done when the Professional Conduct Committee is convinced that it is in the public interest to stop the dental professional from practising.
Where the Practice Committee decides to erase or suspend a dental professional the decision takes effect 28 days after the hearing, unless the dental professional appeals to the High Court in England and Wales, the Court Session in Scotland, or the High Court in Northern Ireland, against the determination in the meantime.
Immediate Suspension
In some circumstances, the Practice Committee may decide that it is necessary for the protection of the public for a dental professional's registration to be suspended immediately. In these cases, the dental professional can appeal to the High Court in England and Wales, the Court of Session in Scotland, or the High Court in Northern Ireland, for the suspension to be terminated, but will not be allowed to practise during the appeal period.
Immediate Conditional Registration
Under the ‘new rules’, where a Practice Committee decides to impose conditions on a practitioner’s registration, they can also decide that it is necessary for the protection of the public to impose these conditions with immediate effect.
Refer a dental professional to the Health Committee, or under the ‘new rules’ to any other Practice Committee
If, in the course of proceedings, it appears to the PCC that a practitioner's fitness to practise may be seriously impaired by reason of his or her physical or mental condition it may refer the case to the Health Committee to decide the most appropriate action to take. Under the ’new rules’, in addition to the Health Committee, the PCC can refer a case to the Professional Performance Committee, if it appears that a practitioner’s fitness to practise is impaired by reason of poor performance.
Restore dental professionals to the Register after they have been erased
A dental professional whose name has been erased from the Register may apply for restoration to the Register 10 months after s/he has been erased. A restoration application form is available on this website. The applicant may also submit testimonials from persons of standing in support of the application. Under the ‘new rules” a dental professional may apply for restoration 5 years after s/he has been erased.
To assist the Professional Conduct Committee considers these applications, the Council's Solicitor first recalls the evidence which led to the erasure. The dental professional applying to be restored to the Register may then address the Committee and call witnesses in support of the application. The applicant may be represented by Counsel or a solicitor at the hearing.
Under the 'new rules' the Practice Committee may decided to restore a practitioner's name subject to certain conditions. The Committee may also decided to impose these conditions with immediate effect.