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Complaints and the role of the GDC
The purpose of the GDC is to protect dental patients in the UK. They register qualified dental professionals – whether they work in the NHS, in private practice, or in any other form of practice – and set and monitor the standards dental professionals must follow throughout their working lives.
By law, all dental professionals, dental nurses, dental technicians, dental hygienists, dental therapists, clinical dental technicians and orthodontic therapists who provide your dental care must be registered with the GDC. To join the GDC registers, these dental professionals need to prove that they are of good character and are trained and qualified.
Some dental professionals with special training or experience are also on their Specialist Lists and can call themselves a ‘specialist’. They must show the GDC how they are qualified to use that title before they can join these lists. Other dental professionals may work in particular areas of dentistry (for example, orthodontics) but they are not allowed to call themselves a specialist unless they are on the Specialist Lists.
When the GDC can take action
As part of their duty to protect the public, the GDC have the power to take action by either removing or restricting a dental professional's registration if they fall seriously short of the high standards expected. They cover all registered dentists and dental care professionals whether they work in the NHS or in private practice. The GDC can consider cases where a registrant's fitness to practise may be impaired due to their:
- health
- conduct, including convictions and cautions
- performance
Sanctions available to the GDC
The action the GDC can is as follows:
- issue an advice letter,
- erase,
- suspend,
- impose conditions on registration,
- issue a reprimand, or
- restrict the dental professional's registration.
Since 31 July 2006 when the Dental Professionals Act 1984 was amended, the Professional Conduct Committee (PCC) has operated under two parallel legal systems. If a complaint was referred by the Investigating Committee to a Practice Committee before 31 July 2006 then the case is considered under ‘old rules’; if it was referred after 31 July 2006 then it is considered under ‘new rules’.
Under the ‘new rules’:
- The Committee judges whether the practitioner’s fitness to practise is impaired by reason of his/her conduct.
- The standard of proof is the civil standard.
- The Committee has the power to impose conditions in addition to all other sanctions.
- The Committee has the power to impose suspension with a review before the end of the suspension.
Under the 'old rules'
The Committee judge whether the practitioner is guilty of serious professional misconduct.
- The PCC follow the procedures as for any British court, including rules of evidence and sworn statements from witnesses.
- The standard of proof to be found by the Committee is the same as in criminal proceedings, 'beyond reasonable doubt'.
- A barrister or solicitor presents the GDC's case, which is followed by the respondent dental professional's case.
- The Committee then makes its decisions in private and announces them in public.
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