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The regulation of Dental Assistants was proposed in 2003, and in April 2005, the HPCSA opened the registration process to Dental Assistants.
Establishing statute
At the time, the regulations prescribed qualifications that would enable Dental Assistants to register. Those that did not register were thus not allowed to practice.
The HPCSA as a statutory body is required to act in accordance with the establishing statute, namely the Health Professions Act No. 56 of 1974 which requires that Dental Assistants should register with the HPCSA if they are to practice.
The Minister of Health, through the recommendation of the HPCSA, amended the regulations.
Read: Oral health and overall health
In 2008, Dental Assistants who were not registered with the HPCSA, but who had five years of experience practicing as Dental Assistants prior to the amendment were allowed to practice under the Grandfather Clause. Effectively, this means that Dental Assistants who had no qualifications, but having practiced for a minimum period of five years prior to May 2008 were given three months within which to register with the HPCSA.
In 2012, the HPCSA recognised that there were still a number of Dental Assistants practicing without registration, despite the 2005 regulations and the 2008 amendment. Once again, the HPCSA recommended that unregistered practicing Dental Assistants be given another opportunity to register with the HPCSA.
The Minister of Health subsequently approved the recommendation. This time, unregistered practicing Dental Assistants were given six months within which to apply for registration.
Moratorium on criminal prosecution
In March 2014, The North Gauteng High Court recommended that unregistered Dental Assistants not be subjected to criminal proceedings and the Dentists not be subjected to unprofessional conduct proceedings until 31 March 2016. This was to allow the Dental Assistants to obtain the necessary qualifications.
Read: Oral health affects the whole body
This means that, the aforementioned High Court had put a moratorium on the criminal prosecution of unregistered practicing Dental Assistants and the prosecution of Dentists for employing unregistered practicing Dental Assistants.
The South African Dental Association appealed the judgement, and in November 2015, the Supreme Court of Appeal, confirmed the decision of the North Gauteng High Court that Dental Assistants have to be regulated in order to protect the public and Dental Assistants themselves.
While there are allegations from Dental Assistants that HPCSA has not assisted them, the HPCSA believes that it has provided a number of opportunities over the years to enable and ensure Dental Assistants are registered and professionalised. Both the Gauteng North High Court and the Supreme Court rulings are testimony to this.
Failure to register will result in the criminal prosecution of the Dental Assistants and the HPCSA will prosecute dentists who continue to employ unregistered Dental Assistants.
Read more:
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It's never too early to start looking after your child's teeth
Image: Dental assistant from iStock
