eGDCIllegal practice
We are here to ensure patients are safe and that public confidence in the dental profession is maintained. We are the UK regulator of dental professionals.
The following professionals must be registered to practise dentistry legally in the UK:
- Dentists.
- Clinical dental technicians.
- Dental hygienists.
- Dental nurses.
- Dental technicians.
- Dental therapists.
- Orthodontic therapists.
Criminal prosecutions
We will bring criminal prosecutions where we have sufficient evidence that individuals who are not registered dental professionals are committing offences associated with practising dentistry, operating the business of dentistry or using protected titles. We prosecute offences created by the Dentists Act 1984.
It is a criminal offence for a person who is not a registered with the GDC to practise dentistry, or hold themselves out, whether directly or by implication, as practising or as being prepared to practise dentistry. Practising dentistry includes providing tooth whitening treatment.
It is an offence for an individual or company to operate the business of dentistry without the majority of its directors being registered with the GDC.
It is also an offence for an individual to use any of the following titles, either alone or in combination with any other word, unless they are registered with the GDC:
- Dentist.
- Dental surgeon.
- Dental practitioner.
- Clinical dental technician.
- Dental hygienist.
- Dental nurse.
- Dental technician.
- Dental therapist.
- Orthodontic therapist.
Investigations
To bring a criminal prosecution we need to obtain evidence that an offence has taken place.
If we receive information that an offence might be occurring we can instruct our investigators and lawyers to investigate and gather evidence. Once collected, this evidence goes through the two stage test set out in the code for crown prosecutors, to assess whether a prosecution should be brought:
- Is there sufficient evidence for there to be a realistic prospect of conviction?
- If there is sufficient evidence, is it in the public interest to pursue the matter to a prosecution?
Where these two tests are passed, our lawyers can take the case to the magistrates’ court. A fine can be imposed if the prosecution is successful and our costs can be awarded to us.
The Covert surveillance in practice: Guidance on conducting surveillance in fitness to practise and illegal practice investigations sets out the stringent legal and ethical framework applied to covert surveillance in fitness to practise and illegal practice investigations. Such techniques will be used in very limited circumstances, and in accordance with this guidance.
We have a robust process in place to assess risks to public health, safety and wellbeing, and this updated guidance is designed to balance public protection with the rights and interests of the individuals concerned. Any covert investigation method will receive proper prior consideration at an appropriately senior level, by someone outside the investigation team.
Report illegal practice
Find out more about illegal practice and how to report it.