4 October 2011
| Last updated |
 |
Some cases raise fundamental questions of whether the conduct about which a member faces a complaint or legal action, arose directly out of the practice of dentistry or out of personal conduct which was not directly related to the practice of dentistry.
The conduct may be of a wholly personal nature that is clearly unrelated to professional practice, or only loosely related to the practise of dentistry (for example, by virtue of having been committed at the work/practice premises, or because it happens to involve an employee or working colleague). Each case is considered very carefully on its individual merits, but in general, requests for assistance may be viewed less favourably when any connection with the practice of dentistry is either not established at all, or at best is tenuous or indirect.
Where allegations relate to acts or events wholly unrelated to dentistry, assistance is very unlikely to be provided, because this is not a purpose for which the subscription was collected.
Charges relating to driving whilst under the influence of alcohol or other substances, even if the journey was in connection with the treatment of a patient, is an example of a situation where assistance would not normally be considered to fall within Dental Protection’s proper scope of assistance. Acts of fraud or indecency which happen to take place in connection with the business or practice of dentistry may merit similar consideration.
Situations might arise where a professional regulator/registration body wishes to investigate acts which have been the subject of a criminal conviction of a registered health professional. A criminal act cannot reasonably be considered to be the normal practice of dentistry, and nor is it possible to ‘go behind’ the fact of the conviction. Consequently it is highly unlikely that assistance would be given in any forum, subsequent to the conviction. Similarly, where a professional regulator/registration body wishes to investigate issues which arose from conduct of a wholly personal nature, assistance would not normally be provided, in any forum.