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Registry of licensed dentists and dental assistants
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Dental Act
Bylaws
Complaints and Discipline
COMPLAINT PROCESS
Complaint Process
If you are not satisfied with the explanation you receive from your dentist, you may lodge a complaint with the New Brunswick Dental Society. As the body responsible for regulating Dentists and Dental Assistants and protecting the public in matters related to dentistry, the New Brunswick Dental Society will investigate your complaint as required in our legislation and explained below.
Note: The New Brunswick Dental Society does not regulate hygienists and if there are formal complaints against dental hygienists, they can be addressed to the NB College of Dental Hygienists.
Further the New Brunswick Dental Society has no jurisdiction to address billing disputes and does not award compensation to patients in the same manner as the courts. Patients are advised to seek legal counsel to assist in determining rights with respect to billing disputes and civil actions.
How would I make a Complaint?
We recommend that you discuss your concerns with the Registrar prior to filing a formal complaint so that you fully understand our processes. Please call: (506) 452-8575 or email: registrar@nbdent.ca. In any event, should you wish to proceed with a complaint our legislation requires that a written, signed and dated complaint must be submitted by mail to:
New Brunswick Dental Society
570 Queen Street, Suite 504
P.O. Box 488 Station “A”
Fredericton, NB
E3B 6Z6
Further We Suggest You Include:
- Your name, address and telephone number.
- The name and address of the dentist involved.
- The issues of your complaint (including dates where possible).
- The name and address of any and all other dentists you consulted.
- Any dental records you may have in your possession.
- A resolution you would consider appropriate.
Written complaints are acknowledged in writing.
How will my Complaint be handled?
Once a written complaint is received, the Registrar forwards a copy to the dentist who is provided the opportunity to reply. The complaint and any reply from the dentist is forwarded to a local Mediation Panel, composed of three dentists.
Mediation
The Mediation Panel has 60 days to consider the complaint and to make a written recommendation to you and the dentist. The panel’s role is to suggest a manner to resolve the complaint and its recommendations are non-binding.
Complaints
If either you or the dentist disagrees with the Mediation Panel’s recommendations, the complaint will be forwarded to Complaints Committee for further investigation. The Mediation Panel may also forward the complaint to the Complaints Committee at any time in its discretion.
The Complaints Committee consists of two dentists and a member of the public. This Committee will only consider written evidence but may request additional information in writing from you to assist it in its deliberations. The Committee makes a recommendation to either refer the matter to the Discipline Committee, or to dismiss the complaint.
Appeal of Complaints Committee Decision
If dissatisfied with the decision of the Complaints Committee, you have 30 days to appeal any its decision to the Board of Directors of the New Brunswick Dental Society.
Discipline Committee
The Discipline Committee is composed of 2 dentists and a public member. These are individuals not otherwise involved in the Society process or the Board. The hearings themselves are conducted much like a trial, with evidence taken under oath, full disclosure of
documents and full cross-examination of witnesses.
The Committee may determine matters of professional misconduct or incompetence and determine penalties or other measures which may include one or more of the following: revocation of license, suspension of license, fine, or reprimand. Various conditions may also be imposed. Both you and the dentist have the right to appeal any decision of the Discipline Committee to the Board of
Directors within 30 days.
For greater clarity the Discipline Committee has no authority to award damages to you, for example pain and suffering, and is only concerned with determining if your complaint constitutes professional misconduct or incompetence and how that will be remedied. Awards of damages are within the jurisdiction of the Courts.
NOTICE OF COMPLAINTS
Notice of Complaints July 19, 2021 – December 31, 2022
Formal Complaint: 1
2022 – 1: Patient X. vs Member – Sexual Matter.
The matter was referred directly to Complaint Committee (Complaint Dismissed – Apr. 28, 2023).
Notice of Complaints January 1, 2023 – December 31,2023
Formal Complaints: 7
2023 – 1: Patient X. vs Member – Sub-Standard Treatment. Mediation Committee (No Resolution offered by Member – Oct. 26, 2023). Complaint Committee (Dismissed – Jan. 3, 2023).
2023 – 2: Patient X. vs Member – Sub-Standard Treatment. Mediation Committee (Resolution offered was rejected by Complainant – Dec. 11, 2023). Complaint Committee (Dismissed – Feb. 26, 2024).
2023 – 3: Patient X. vs Member – Missing Dental Records. Mediation Committee (Resolution offered was rejected by Complainant. – July 25, 2023). Complaint Committee (Dismissed – Oct. 18, 2023).
2023 – 4: Patient X. vs Certified Dental Assistant. Intimate relations with patient. Standard Review Committee – Dec.15, 2023. (Reprimand for unprofessional misconduct to stay on file for 2 years; suspended license from Jan. 15, 2024, till May 15, 2024; must complete a course on professional ethics at her expense, before May 15, 2024; pay NBDS a fine of $1 000 before May 15, 2025; must provide a copy of this decision to employers; Notice of Decision without names to be sent to NBDS Registered Dental Assistants and published in NBDS Bulletin).
2023 – 5: Patient X. vs Member – Excessive Treatment. Mediation Committee (No resolution offered by Member – Nov. 10, 2023). Complaint Committee (Dismissed – Jan. 3, 2024). –
2023 – 6: Patient X. vs Member – Confidential Information Disclosure. Mediation Committee (Resolution offered was rejected by Complainant – Oct. 10, 2023). Complaint Committee (Moved to Discipline Committee – Dec. 7, 2023). Discipline Committee – Feb.9, 2024. (Reprimand for conduct; reprimand to stay on file for 1 year; complete a course on communicating with clients/social media or comparable professional ethic course within 120 days; pay $500 to cover portion of cost within 120 days; Notice of Decision to be published without names in NBDS Newsletter).
2023 – 7: Patient X. vs Member – Uncompleted Dental Treatment. Mediation Committee (Resolved – Feb. 2, 2024).
Notice of Complaints January 1, 2024 – October 30, 2024
Formal Complaints: 3
2024 – 1: Patient X. vs Member – Uncompleted Dental Treatment. Mediation Committee (Resolution offered was rejected by complainant). Complaints Committee (Dismissed May 29, 2024)
2024 – 2: Patient X. vs Member – Improper Dismissal of Patient. Mediation Committee (Resolved September 17, 2024).
2024 – 3: Member vs Member – Unprofessional Conduct. This matter was referred directly to Complaints Committee (July 17, 2024). This matter was sent to the Discipline Committee (Notice of Discipline: September 20, 2024).
Notice of Complaints January 1, 2025 – October 30, 2025
2025-1: Complaint from a patient against multiple dentists for alleged professional misconduct (inadequate care). Due to the nature and complexity of the complaint, the complainant was directed to seek legal counsel. Complaint dismissed.
2025-2: Complaint from a patient against a dentist for alleged professional misconduct (Improper communication). Complaint sent to mediation. Complaint resolved by mediation.
2025-3: Complaint from a patient against a dentist for inadequate care (lack of informed consent and lack of communication). Complaint sent to mediation. Complaint resolved by mediation.
2025-4: Complaint from a patient against a dentist for inadequate care. Complaint sent to mediation. Mediation recommended dismissal of the complaint on review. No appeal process was launched by both parties.
2025-5: Complaint from a patient against a dentist, dental clinic for inadequate care. Complaint sent to mediation. Mediation recommended dismissal on the basis that the complainant was not responding to the mediation committee. No appeal launched.
2025-6: Complaint from a patient against a dentist for inadequate care. The complaint is dismissed by the registrar because the complaint is regarding fee reimbursement which is against the Dental Act.
2025-7: Complaint from a patient against a dentist for inadequate care. Complaint sent to mediation. Complaint resolved by mediation.
2025-8: Complaint from a patient against a dentist for Informed Consent breach. Complaint sent to Mediation. Mediation is underway.
2025-9: Complaint from a patient against a dentist for breach of the standard of care. Complaint is sent to Mediation. Mediation is underway.
2025-10: Complaint from a patient against a dentist for Informed Consent breach. Complaint is sent to Mediation. Mediation is underway.
2025-11: Complaint from a patient against a dentist for standard of care not met. The complaint is sent to mediation. Mediation is underway
DISCIPLINARY DECISIONS
Notice of Discipline Committee Decision January 1, 2022 – December 31, 2022
Notice of Discipline Committee Decision January 1, 2023 – December 31, 2023
Notice of Discipline Committee Decision January 1, 2024 – December 31, 2024
Standards of Practice
Code of Ethics
Standard on Infection Prevention and Control (IPAC)
Standard on Sedation Practices
Standard on Neuromodulators and Dermal Fillers
Standard on Continuing Education
Standard on Contents Dental Emergency Kit and CPR Requirements
Standard on Permissible Skills of Dental Assistants
Standard on X-Ray Safety Code 30
Guidelines
Guidelines Regarding Patient's Personal Health Information
Guidelines for Patient Communication
Guidelines for Patient Dental Records Transfer
Guidelines for Informed Consent
Guidelines Exposure Prone Procedures
Exposure-prone procedures (EPPs)
Exposure-prone procedures (EPPs) are invasive procedures where there is a risk that injury to the dental health care provider may result in the exposure of the patient’s open tissues to the blood of the dental health care provider. Any dental health care provider with HBV, HCV or HIV is restricted from performing EPPs in the high-risk exposure procedure until their condition is managed as per the NBDS Guidelines on members with Bloodborne Viruses.
There would be no restrictions on performing procedures in the moderate or low risk categories.
High risk exposure-prone procedures
- All surgical procedures (hard and soft tissue including suturing)
- Periodontal scaling and root planning
Moderate risk exposure-prone procedures
- Locally anaesthetized operative, prosthetic and endodontic procedures
- IV insertion
- IM injections
Low risk exposure-prone procedures
- Gloved oral examinations
- Routine preventive procedures
- Pit & fissure sealants
- Topical fluoride
- Prophylaxis
- Diagnostic procedures
- Orthodontic procedures
- Prosthetic procedures (e.g. dentures)
- Cosmetic procedures (e.g. bleaching) not requiring local anesthesia
Guidelines Members with Bloodborne Viruses
NBDS Guidelines on members with Bloodborne Viruses
The NBDS is committed to protecting and maintaining the rights of patients and Dental Health Care Providers (DHCP`S) and the integrity of the dental profession.
Some clinical treatments will require exposure-prone procedures. These exposure-prone procedures have been determined to pose an increased risk of bloodborne disease transmission due to their nature and the type of instruments and devices typically used for exposure-prone procedures.
Therefore, dental health care providers and clinical support staff cannot avoid involvement in the provision of patient care activities that involve exposure-prone procedures. The NBDS has determined that the performance of exposure-prone procedures places patients at increased risk. Entry into the health care professions is a privilege offered to those who are prepared for a lifetime of service to the public.
All dental health care providers have a fundamental responsibility to provide care to all patients assigned to them without prejudice and to ensure that care is delivered competently and safely. A failure to accept this responsibility violates a basic tenet of the dental profession – to place the patient’s interest and welfare first. Dental Health Care Providers have an ethical obligation to their patients to know their own infectious disease status (especially with respect to HBV, HCV and HIV). If negative to HBV, HCV and HIV, testing should be performed on a schedule based on the individual’s level of risk and whenever an exposure occurs.
Dental Health care providers are at risk of contracting infectious diseases during patient care activities. A policy of immunizations and Routine Practices (Standard Precautions) can protect DHCPs from some of these infectious diseases. Percutaneous injuries can place a HCW at risk to occupational exposure to HBV, HCV and HIV. Therefore, training and education on the prevention of injuries is an absolute necessity for all DHCPs.
To minimize the risk of transmission of bloodborne viruses (BBV) from DHCPs to patients, the DHCPs must adhere to Routine Practices, including proper handwashing, use of PPE as required and adherence to the proper management of sharps. When the DHCPs follow these guidelines, the risk of transmission of a BBV from DHCPs to patients is negligible.
If exposure-prone procedures (EPPs) are performed, the risk of transmission is slightly higher but is still minimal. Although impossible to attain zero risk of BBV transmission from a DHCPs to a patient, the risk can be made negligible due to the efficacy of the HB vaccine and effective drug regimens to suppress HCV and HIV.
The NBDS Recommendation for Dental Health Care providers that are infected will follow the Guideline on the Prevention of Transmission of Bloodborne Viruses from Infected Healthcare Workers in Healthcare Settings from the Public Health Agency of Canada.
RISK OF TRANSMISSION OF HIV
Studies have estimated the risk of HIV transmission from patients to DHCPs after percutaneous injury to range from about 0% to 3%
All HCWs who perform EPPs have ethical and professional obligations to know their HIV status.
If negative, those performing EPPs should be tested at appropriate intervals as determined by their level of risk and whenever an exposure has occurred
HCWs infected with HIV should seek medical care from a physician with expertise in HIV management for optimal health maintenance and should be managed according to current recommendations with regular monitoring of HIV RNA levels
HCWs infected with HIV should be restricted from performing EPPs until: a) the HCW is under the care of a physician with expertise in HIV management; and b) the HCW is either on effective combination antiretroviral therapy or has been identified as an elite controller; and c) the HCW’s viral load is undetectable
HCWs infected with HIV who are on effective combination antiretroviral therapy (or are elite controllers), and have an undetectable viral load should have no restrictions on practice based on HIV status alone.
HCWs infected with HIV who do not perform EPPs do not need any restrictions on practice based on HIV status alone.
If a HCW-to-patient transmission of HIV occurs, the HCW should cease clinical practice immediately until determination for fitness to return to practice is made Elite controllers are defined as individuals infected with HIV who are not receiving therapy and have maintained undetectable viral load in the blood (HIV RNA < 50 copies/mL) for at least one year, based on three separate viral load assessments). This spontaneous control of viral replication in the absence of therapy is estimated to occur in approximately 1 in 300 individuals infected with HIV.
RISK OF TRANSMISSION OF HCV
Studies have estimated the risk of HCV transmission from patients to DHCPs after percutaneous injury to range from about 2%
- All HCWs who perform EPPs have ethical and professional obligations to know their HCV status.
- If negative, those performing EPPs should be tested at appropriate intervals as determined by their level of risk and whenever an exposure has occurred.
- Confirmation of active HCV infection should be done using HCV RNA testing. HCWs infected with HCV should seek medical care from a physician with expertise in HCV management for optimal health maintenance and should be managed according to current recommendations
- HCWs testing positive for HCV RNA should be restricted from performing EPPs until: a) the HCW is under the care of a physician with expertise in HCV management; and b) the HCW has completed effective therapy c) the HCW has tested negative for HCV RNA at least 12 weeks post-treatment.
Note: Expert Review Panels may individualize practice restrictions to allow a HCW to perform EPPs while on effective therapy provided the virus is undetectable; the HCW’s practice should then be restricted post treatment until a sustained virologic response (SVR) is confirmed.
- HCWs testing negative for HCV RNA 12 weeks post-treatment can be considered to have SVR and should have no restrictions on practice based on HCV status alone.
- HCWs infected with HCV who do not perform EPPs do not need any restrictions on practice based on HCV status alone.
- If a HCW-to-patient transmission of HCV occurs, the HCW should cease clinical practice immediately until determination for fitness to return to practice is made.
RISK OF TRANSMISSION OF HBV
Studies have estimated the risk of HBV transmission from patients to DHCPs after percutaneous injury to range from about 5 to 30%
- All HCWs who perform EPPs have ethical and professional obligations to know their HBV status.
- HCWs who remain susceptible to HBV should be tested at appropriate intervals as determined by their level of risk and whenever an exposure has occurred.
- HCWs born or previously residing in high HBV endemic countries should be tested for both antiHBc and HBsAg to fully define HBV status.
- HCWs infected with HBV should seek medical care from a physician with expertise in HBV management for optimal health maintenance and should be managed according to current recommendations with regular monitoring of HBV DNA level.
- HCWs infected with HBV should be restricted from performing EPPs until: a) the HCW is under the care of a physician with expertise in HBV management; and b) the HCW’s HBV DNA level is below 103 IU/mL (5 x 103 GE/mL)F or equivalent and monitored regularly (every 3 to 6 months)
- HCWs infected with HBV who have HBV DNA levels less than or equal to 103 IU/mL (5 x 103 GE/mL)E or equivalent should have no restrictions on practice based on HBV status alone.
- HCWs infected with HBV who do not perform EPPs do not need restrictions on practice based on HBV status alone.
- If a HCW-to-patient transmission of HBV occurs, the HCW should cease clinical practice immediately until determination for fitness to return to practice is made