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Amendment of Dentists Act 1985.
33.— The Dentists Act 1985 is amended—
( a) in section 38(1) by substituting the following for paragraphs ( a) and ( b):
"( a) his alleged professional misconduct,
( b) his alleged unfitness to engage in such practice by reason of physical or mental disability, or
( c) his alleged failure to comply with regulations made under section 13 (2) of the Health (Pricing and Supply of Medical Goods) Act 2013,",
( b) in section 38(3) by substituting the following for paragraph ( b):
"( b) the Registrar, or any other person with the leave of the Fitness to Practise Committee, shall present to that Committee the evidence of—
(i) the alleged professional misconduct,
(ii) the alleged unfitness to practise by reason of physical or mental disability, or
(iii) the alleged failure to comply with regulations referred to in subsection (1)( c),
as the case may be,",
( c) in section 38(3)( c) by substituting the following for subparagraph (i) and (ii):
"(i) the alleged professional misconduct of the registered dentist,
(ii) the fitness or otherwise of that dentist to engage in the practice of dentistry by reason of his or her alleged physical or mental disability, or
(iii) the alleged failure to comply with regulations referred to in subsection (1)( c),",
( d) in section 38(5) by substituting the following for paragraphs ( a) and ( b):
"( a) guilty of professional misconduct,
( b) unfit to engage in the practice of dentistry because of physical or mental disability, or
( c) guilty of a failure to comply with regulations referred to in subsection (1)( c),",
( e) in section 39(1) by substituting the following for paragraph ( a):
"( a) has been found by the Fitness to Practise Committee, on the basis of an inquiry and report under section 38—
(i) to be guilty of professional misconduct,
(ii) to be unfit to engage in the practice of dentistry because of physical or mental disability, or
(iii) to be guilty of a failure to comply with the regulations referred to in section 38(1)( c),
as the case may be, or".
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