National Dental Commission Act 2023 Act notified, Details

New Delhi: Major changes will now be implemented in the profession of dentistry and dental education in India as the Union Ministry of Law and Justice has now notified the National Dental Commission Act, 2023 in the official gazette.

The Ministry published these regulations with an aim to regulate the profession of dentistry in the country, to provide for quality and affordable dental education, and to make accessible high-quality oral healthcare.

"It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision," stated the Gazette notification dated August 11, 2023.

Medical Dialogues had earlier reported that the Parliament had passed the National Dental Commission Bill, 2023. Repealing the Dentists Act, 1948, the National Dental Commission Bill proposes to set up National Dental Commission (NMC) to regulate dental education and the profession in the country. It also aims to make dental education affordable and make quality oral healthcare accessible.

National Dental Commission Bill, 2023 seems to be structurally similar to that of the National Medical Commission (NMC), which had previously replaced the erstwhile Apex medical body i.e. the Medical Council of India (MCI). Now, the proposed National Dental Commission is likely to replace the Dental Council of India, the apex dental education regulatory body in the country.

Now, the National Dental Commission Act, 2023 has been published in the official Gazette by the Ministry of Law and Justice. The key points of the new Act are as follows:

National Dental Commission: 

The Act talks about setting up a National Dental Commission. The Gazette notification mentions, "The Central Government shall, by notification in the Official Gazette, with effect from such date as it may appoint, constitute a Commission, to be known as the National Dental Commission, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act."

"The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued," it further added.

According to the Act, the head office of the National Dental Commission shall be in New Delhi. The Commission shall consist of the following persons to be appointed by the Central Government, namely:— (a) a Chairperson; (b) eight ex officio Members; and (c) twenty-four part-time Members.

Chairperson of NDC: 

"The Chairperson shall be a dentist of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in dentistry from any University or institutes of national importance and having experience of not less than twenty years in the field of dentistry, out of which at least ten years shall be as a leader in the area of dental education," mentions the Gazette notification.

Ex-Officio Members of NDC: 

The Act mentions that the National Dental Commission (NDC) shall have eight ex officio members. The following persons shall be the ex officio Members of the Commission, namely:—

(a) the President of the Under-Graduate and Post-Graduate Dental Education Board; (b) the President of the Dental Assessment and Rating Board;

(c) the President of the Ethics and Dental Registration Board;

(d) the Director General of Health Services, Directorate General of Health Services, New Delhi;

(e) Chief of the Centre for Dental Education and Research, All India Institute of Medical Sciences, New Delhi;

(f) Head of the Oral Health Sciences Centre, Postgraduate Institute of Medical Education and Research, Chandigarh;

(g) one person, not below the rank of Joint Secretary to the Government of India, to represent the Ministry of Health and Family Welfare, to be nominated by that Ministry;

(h) the Chairperson, National Medical Commission or nominee from that Commission.

Part-time Members of NDC: 

The following persons shall be appointed as part-time Members of the Commission, namely:—

(a) three Members, to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics, in such manner as may be prescribed, for a term of four years;

(b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories under clauses (c) and (d) of sub-section (2) of section 11 in the Dental Advisory Council, in such manner as may be prescribed, for a term of two years;

(c) nine members to be appointed on rotational basis from amongst the nominees of the States and Union territories under clause (e) of sub-section (2) of section 11 in the Dental Advisory Council, in such manner as may be prescribed, for a term of two years;

(d) two dental faculties, from any Central or State or Autonomous Government Institutes, doing exemplary work in the field of dental education, to be nominated by the Central Government, in such manner as may be prescribed, for a term of four years.

Search-cum-Selection Committee: 

The Act further mentions that the Chairperson, part-time members, secretary, President and members of Autonomous Boards shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee consisting of—

(a) the Cabinet Secretary—Chairperson;

(b) three experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of dental education, public health education and health research, to be nominated by the Central Government, in such manner as may be prescribed—Members;

(c) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology, to be nominated by the Central Government, in such manner as may be prescribed—Member;

(d) the Secretary to the Government of India in charge of the Ministry of Health and Family Welfare, to be the Convener—Member.

"The Central Government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal, of the Chairperson or Member or Secretary of the Commission or the President or Member of the Autonomous Board, as the case may be, or within three months before the end of tenure of such person, make a reference to the Search-cum-Selection Committee for filling up of the vacancy," states the Act.

It further mentions that the Search-cum-Selection Committee shall recommend a panel of at least three names for every vacancy referred to it. "The Search-cum-Selection Committee shall, before recommending any person for appointment as the Chairperson or Member or Secretary, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member or Secretary," mentions the Act.

"No appointment of the Chairperson or Member or Secretary of the Commission or the President or Member of the Autonomous Board, as the case may be, shall be invalid merely by reason of any vacancy or absence of a Member in the Search-cum-Selection Committee," it adds.

It has been clarified in the Act that subject to the provisions of sub-sections (2) to (5) of the Act, the Search-cum-Selection Committee may regulate its own procedure.

Term of office and conditions of service of Chairperson and Members:

Regarding the term of office of the Chairperson and Member of the Commission, the Act mentions that they shall not be eligible for any extension of term beyond four years or for reappointment and such a person shall cease to hold the office after attaining the age of seventy years. According to the Act, the term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member.

"Where a Member, other than an ex officio Member, is absent from three consecutive ordinary meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat," states the Act.

It further mentions that the Chairperson or a Member or Secretary of the Commission may relinquish his office by giving in writing to the Central Government a notice of not less than three months. He may also be removed from his office in accordance with the provisions of section 7: Provided that such person may be relieved from duties earlier than three months or be allowed to continue beyond three months until a successor is appointed, if the Central Government so decides.

Declaration of Assets: 

The Act states that the Chairperson and every Member of the Commission "shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission."

"The Chairperson or a Member appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 or the Secretary, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private dental institution, whose matter has been dealt with by such person, directly or indirectly: Provided that nothing herein shall be construed as preventing such person from accepting an employment in a body or institution, including dental institution, controlled or maintained by the Central Government or a State Government," further added the Act.

"Provided further that nothing herein shall prevent the Central Government from permitting the Chairperson or Member or Secretary of the Commission to accept any employment in any capacity, including as a consultant or expert in any private dental institution whose matter has been dealt with by such Chairperson or Member or Secretary," it stated.

Removal of Chairperson and Member of Commission:

It has been mentioned in the Act that the Central Government may remove from the office the Chairperson or any other Member, who — (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (f) has so abused his position as to render his continuance in office prejudicial to public interest.

It further clarifies that no member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.

Appointment of Secretary, experts, professionals, officers and other employees of Commission:

According to the Act, the National Dental Commission shall have a Secretariat headed by a Secretary, who will be appointed by the Central Government. The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed.

The appointment of the Secretary shall be made for a period of four years and it shall not be eligible for any extension of reappointment. It further mentions that the Secretary shall also be the Member Secretary of each of the Autonomous Boards and shall discharge functions of the Commission and of each of the Autonomous Boards.

"The Commission may, for the efficient discharge of its functions under this Act, appoint such officers and other employees of the Commission, other than Secretary, as it considers necessary, against the posts created by the Central Government on the recommendation of the Commission," mentions the Act.

"The Commission may engage, in accordance with the procedure specified by regulations, such number of experts, consultants and professionals of integrity and outstanding ability, who have special knowledge and experience in such fields, including dental education, public health, management, health economics, quality assurance, patient advocacy, health research, science and technology, administration, finance, accounts and law, as it deems necessary, to assist the Commission in the discharge of its functions under this Act: Provided that the Commission may, to facilitate global mobility and employability of registered professionals, invite such number of experts and domain specialists from a foreign country, as it deems necessary, who have special knowledge of dental curriculum, practical training and pattern of examination including licentiate examination of that country, to the meetings of the Commission, in such manner as may be specified by regulations," it further adds.

Apart from these, the Act also mentions the meetings of the Commission, specifying that the Committee shall meet at least once every quarter at the time and place appointed by the Chairperson.

Powers and Functions of Commission: 

Specifying the powers and functions of the National Dental Commission, the Act states the following-

1. The Commission shall, for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services, take all such steps, as it may think fit, and revise the same periodically, as may be specified by regulations.

2. The Commission shall perform the following functions, namely:—

(a) lay down policies and regulate standards for the governance of dental education, examination and training and make necessary regulations in this behalf;

(b) promote adoption of additional degrees or diplomas, higher qualifications, including certification courses and development of soft skills for advancement of career of the dentists and dental auxiliaries;

(c) regulate dental institutions, dental researches, dentists and dental auxiliaries and make necessary regulations in this behalf;

(d) ensure that all admissions to undergraduate dental course, namely, Bachelor of Dental Surgery in all dental institutions which are governed by the provisions of this Act or any other law for the time being in force, shall be through National Eligibility-cum-Entrance Test conducted under section 14 of the National Medical Commission Act, 2019;

(e) to identify and regulate any other category of dental auxiliaries;

(f) to collaborate with industry and institutions for use of cutting-edge technology and hybrid education to drive innovation and research in the field of dental education and examinations and make necessary regulations in this behalf;

(g) assess the requirements in dental healthcare, including human resources for dental health, career progression of dentists and dental auxiliaries and healthcare infrastructure and develop a road map for meeting such requirements;

(h) promote, coordinate and frame guidelines and lay down policies by making necessary regulations for the proper functioning of the Commission, the Autonomous Boards, the Dental Advisory Council, the State Dental Councils and the Joint Dental Councils;

(i) ensure coordination among the Autonomous Boards;

(j) take such measures, as may be necessary, to ensure compliance by the State Dental Councils of the guidelines framed and regulations made under this Act for their effective functioning under this Act;

(k) exercise appellate jurisdiction with respect to the decisions of the Autonomous Boards;

(l) promote preventive dental care services;

(m) lay down policies and codes to ensure observance of professional ethics in dental profession and to promote ethical conduct during the provision of care by dentists;

(n) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private dental institutions and deemed to be Universities which are governed under the provisions of this Act;

(o) take measures to enhance skills and competency of registered professionals for facilitating global mobility;

(p) exercise such other powers and perform such other functions as may be prescribed.

(3) The Commission may delegate such of its functions (except the power to make regulations) to the Autonomous Boards as it may deem necessary.

(4) The Commission may give such directions, as may deem necessary, to a State Council for carrying out all or any of the provisions of this Act and the State Council shall comply with such directions.

(5) All orders and decisions of the Commission shall be authenticated by the signature of the Secretary.

(6) The Commission may delegate such of its powers of administrative and financial matters, as it deems fit, to the Secretary.

(7) The Commission may constitute sub-committees and delegate such of its powers to such sub-committees as may be necessary to enable them to accomplish specific tasks.

Also Read: National Dental Commission Bill, Nursing and Midwifery Commission Bill Passed in Lok Sabha

Dental Advisory Council: 

As per the new Act, the Central Government shall set up a Dental Advisory Council consisting the Chairperson, every ex-officio Member of the Commission. Apart from them, it shall also include State Government nominated one member for representing each State, who is a Dean or Principal of a Government Dental College of the concerned State.

Further, the Council will include one member representing each Union Territory, who is the Dean or Principal of a Government Dental College in that UTs and such a member shall be nominated by the Ministry of Home Affairs in the Government of India.

A member representing each of the States/UTs from amongst the members of the State Dental Council shallalso be nominated by the State Dental Council in the Advisory Council. Further, the Chairman of the University Grants Commission, the Director of National Assessment and Accreditation Council, three Central Government nominated members from amongst persons holding the post of Director in the institutes of national importance or Vice-Chancellor in the Universities, Director General of Indian Council for Medical Research or his nominee not below the rank of Scientist 'H', Director General Dental Services, Army Dental Corps or nominee shall also be part of the Council.

Functions of Dental Advisory Council:

(1) The Council shall be the primary platform through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to dental education and training.

(2) The Council shall advise the Commission on measures to determine and maintain, and to coordinate maintenance of, the minimum standards in all matters relating to dental education, training and research.

(3) The Council shall advise the Commission on measures to enhance equitable access to dental education and uniform system of examination.

The Act mentions that the Dental Advisory Council shall meet at least once a year at a place or time decided by the Chairperson.

National Examination (NEET): 

Clarifying that all the BDS admissions shall be made through the National Eligibility-cum-Entrance Test (NEET) under the National Medical Commission Act, 2019, the National Dental Commission Act, 2023 states that until the National Exit Test (Dental) becomes operational, all admissions to the PG Dental courses be made through NEET MDS conducted by the designated authority appointed by the Central Government.

"The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to undergraduate and postgraduate seats in all the dental institutions which are governed by the provisions of this Act: Provided that the designated authority appointed or nominated by the Central Government shall conduct the common counselling for all India seats and the designated authority of the State Government shall conduct the common counselling for the seats at the State level," states the Act.

National Exit Test (Dental): 

The Act mentions about a common final year UG dental examination- National Exit Test (Dental) for granting licence to practice dentistry as dentists and for enrolment in the State or National Register.

"The National Exit Test (Dental) shall become operational on such date, within three years from the date of commencement of this Act, as may be appointed by the Central Government, by notification," mentions the Act.

"Any person with a foreign dental qualification shall have to qualify National Exit Test (Dental) for the purpose of obtaining licence to practice dentistry as dentist and for enrolment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations," it further adds.

According to the Act, the National Exit Test (Dental) shall be the basis for admission to the postgraduate dental education in dental institutions and the Commissions shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the PG seats in the dental institutes.

"The designated authority of the Central Government shall conduct the common counselling for All India seats and the designated authority of the State Government shall conduct the common counselling for the seats at the State level," states the Act.

Autonomous Boards of NDC: 

Just like NMC, the National Dental Commission shall also have Autonomous Boards. However, in case of the Dental Commission, there are only three Autonomous Boards including the Under-Graduate and Post-Graduate Dental Education Board, the Dental Assessment and Rating Board; and the Ethics and Dental Registration Board.

Composition of Autonomous Boards: 

Every Autonomous Board shall consist of a President, not more than two whole-time Members and not more than two part-time Members.

Regarding the composition of the Members of the Autonomous Boards, the Act mentions the following:

• The President of each Autonomous Board, two whole-time Members and one part-time Member of the Under-Graduate and Post-Graduate Dental Education Board, and one whole-time Member and one part-time Member of the Dental Assessment and Rating Board and of the Ethics and Dental Registration Board, shall be persons of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of dentistry from any University and having hands-on clinical experience of not less than fifteen years, out of which at least seven years shall be as a leader in the area of dental education.
• The second whole-time Member of the Dental Assessment and Rating Board shall be a person of outstanding ability and integrity, possessing a postgraduate degree in any of the disciplines of management, quality assurance, law or science and technology from any University, having experience of not less than fifteen years in such field, out of which at least seven years shall be as a leader.
• The second whole-time Member of the Ethics and Dental Registration Board shall be a person of outstanding ability who has demonstrated public record of work on dental or medical ethics or a person of outstanding ability possessing a postgraduate degree in any of the disciplines of quality assurance, public health, law or patient advocacy from any University and having experience of not less than fifteen years in such field, out of which at least seven years shall be as a leader.
• The second part-time Member of the Under-Graduate and Post-Graduate Dental Education Board, the Dental Assessment and Rating Board and the Ethics and Dental Registration Board shall be chosen from amongst the Members appointed under clause (c) of sub-section (4) of section 4 in such manner as may be prescribed.

Addressing the issue of appointment of the Members of the Autonomous Board, the Act mentions, "The Central Government shall appoint the President and Members of the Autonomous Boards, except Members referred to in sub-section (5) of section 17, on the recommendations made by the Search-cum-Selection Committee constituted under section 5 in accordance with the procedure specified in that section."

Terms of office and Conditions of Service of President and Members: 

While the President and Members (other than part-time Members) of each Autonomous Board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or reappointment. Part-time members of Autonomous Boards shall hold the office for two years. The Act further specifies that the President or a Member shall cease to hold office after attaining the age of seventy years.

The Act further discussed in detail about the Advisory Committees of Experts, Staff of Autonomous Boards, Meetings etc. of Autonomous Boards, Powers of Autonomous Boards and delegation of powers etc.

Powers and functions of UnderGraduate and Post-Graduate Dental Education Board:

(1) The Under-Graduate and Post-Graduate Dental Education Board shall perform the following functions, namely: —

(a) determine minimum requirements and standards of dental education at undergraduate level and postgraduate level for dentists and dental auxiliaries in accordance with the regulations made under this Act, and oversee all aspects relating thereto;

(b) develop competency based dynamic curriculum at undergraduate level and postgraduate level for dentists and dental auxiliaries for addressing the needs of basic dental care services, including public dentistry and community dental care, in accordance with the provisions of regulations made under this Act with a view to develop appropriate skill, knowledge, attitude, values and ethics to provide dental care, impart dental education and conduct dental research;

(c) frame guidelines for setting up of dental institutions for imparting undergraduate courses and postgraduate courses for dentists and dental auxiliaries, having regard to the needs of the country and the global norms, in accordance with the regulations made under this Act;

(d) determine the minimum requirements and standards for conducting courses and examinations at undergraduate level and postgraduate level for dentists and dental auxiliaries in dental institutions, having regard to the needs of creativity at local levels, including designing of some courses by individual institutions, in accordance with provisions of the regulations made under this Act;

(e) determine standards and norms for infrastructure, faculty and quality of education in dental institutions providing undergraduate and postgraduate dental education for dentists and dental auxiliaries in accordance with provisions of the regulations made under this Act;

(f) facilitate development and training of faculty members teaching undergraduate courses for dentists and dental auxiliaries;

(g) facilitate research and the international student and faculty exchange programme relating to undergraduate and postgraduate dental education;

(h) specify norms for compulsory annual disclosures, electronically or otherwise, by dental institutions, in respect of their functions which have a bearing on the interest of all stakeholders, including students, faculty, State Dental Councils, Joint Dental Council, the Commission and the Central Government;

(i) grant recognition to a dental qualification at the undergraduate level and postgraduate level for dentists and dental auxiliaries.

(2) The Under-Graduate and Post-Graduate Dental Education Board shall, in the discharge of its duties, make such recommendations to, and seek such directions from, the Commission, as it deems necessary.

Powers and functions of Dental Assessment and Rating Board:

(1) The Dental Assessment and Rating Board shall perform the following functions, namely:—

(a) determine the procedure for assessing and rating the dental institutions for their compliance with the standards laid down by the Under-Graduate and Post-Graduate Dental Education Board in accordance with the regulations made under this Act;

(b) grant permission for establishment of a new dental institution, or to start any postgraduate course or to increase number of seats, in accordance with the provisions of section 28;

(c) conduct inspections of dental institutions using Information Technology based tools or otherwise for assessing and rating such institutions in accordance with the regulations made under this Act: Provided that the Dental Assessment and Rating Board may, if it deems necessary, hire and authorise any other third party agency or accreditation body or persons for carrying out inspections of dental institutions for assessing and rating such institutions: Provided further that where inspection of dental institutions is carried out by such third party agency or accreditation body or persons authorised by the Dental Assessment and Rating Board, it shall be obligatory on such institutions to provide access to such agency or person;

(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, inspection to assess and rate all dental institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by regulations: Provided that the Dental Assessment and Rating Board may conduct evaluation and assessment of any dental institution at any time, either directly or through any other expert having integrity and experience of dental profession and without any prior notice and assess and evaluate the performance, standards and benchmarks of such dental institution;

(e) make available on its website or in public domain the assessment and ratings of dental institutions at regular intervals in accordance with the regulations made under this Act;

(f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a dental institution for failure to maintain the minimum essential standards specified by the Under-Graduate and Post-Graduate Dental Education Board, in accordance with the regulations made under this Act: Provided that the monetary penalty so imposed shall not be less than one-tenth, and not more than five times, of the total amount charged, by whatever name called, by such institution for one full batch of students of undergraduate course or postgraduate course, as the case may be: Provided further that the Dental Assessment and Rating Board shall consult the Under-Graduate and Post-Graduate Dental Education Board before recommending to the Commission for withdrawal of recognition of a dental institution that fails to maintain the minimum essential standards specified by the Under-Graduate and Post-Graduate Dental Education Board.

(2) The Dental Assessment and Rating Board shall, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary.

Powers and functions of Ethics and Dental Registration Board:

(1) The Ethics and Dental Registration Board shall perform the following functions, namely:—

(a) maintain an online and live National Registers of all licensed dentists and dental auxiliaries in accordance with the provisions of section 30;

(b) regulate the standards, scope of practice, professional conduct and promote dental ethics in accordance with the regulations made under this Act: Provided that the Ethics and Dental Registration Board shall ensure compliance of the code of professional and ethical conduct through the State Dental Council in a case where such State Dental Council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by dentists under respective State Acts;

(c) approve or reject the application for registration or suspend or cancel registration or licence granted to dentists and dental auxiliaries on grounds of professional and ethical misconduct;

(d) develop mechanisms to have continuous interaction with State Dental Councils to effectively promote and regulate the conduct of dentists and professionals;

(e) exercise appellate jurisdiction under sub-section (5) of section 29 with respect to the actions taken by a State Dental Council. (2) The Ethics and Dental Registration Board shall, in the discharge of its duties, make such recommendations to, and seek such directions from, the Commission, as it deems necessary.

Permission for establishment of new dental college or to start postgraduate course or to increase number of seat:

Clarifying that no person shall set up a new dental college or start any PG dental course or increase the number of seats without the permission of the Dental Assessment and Rating Board, the Act mentions that in order to get permission, a person may submit a scheme to the DARB containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations.

"The Dental Assessment and Rating Board shall, having due regard to the criteria specified in section 28, consider the scheme received under sub-section (2) and either approve or disapprove such scheme within a period of six months from the date of such receipt: Provided that the Dental Assessment and Rating Board shall consult the Under-Graduate and Post-Graduate Dental Education Board before approving such scheme: Provided further that before disapproving the scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned," the Act mentions.

In case a scheme is disapproved, or no decision is taken within six months of submitting a scheme, the concerned person may prefer an appeal to the Commission for approval of the scheme within fifteen days of such disapproval, or the lapse of six months.

The Act further mentions that the Commission shall decide the appeal within a period of sixty days from the date of receipt of the appeal and in case the Commission "approves the scheme, such approval shall be the permission under sub-section (1) to establish a new dental college or to start any postgraduate course or to increase number of seats, as the case may be, and in case the Commission disapproves the Scheme, or fails to give its decision within the specified period, the person concerned may prefer a second appeal to the Central Government within thirty days of communication of such disapproval or, as the case may be, lapse of specified period."

It has been further specified in the Act that the Dental Assessment and Rating Board may conduct evaluation and assessment of any dental institution at any time, either directly or through any other expert having integrity and experience in dental profession, without any prior notice and assess and evaluate the performance, standards and benchmarks of such dental institution.

Criteria for approving or disapproving scheme:

While approving or disapproving a scheme under section 27, the Dental Assessment and Rating Board, or the Commission, as the case may be, shall take into consideration the following criteria, namely:—

(a) adequacy of financial resources;

(b) whether adequate academic faculty and other necessary facilities have been provided to ensure proper functioning of dental college or undertaken to be provided within the time-limit specified in the scheme;

(c) whether adequate hospital facilities have been provided or undertaken to be provided within the time-limit specified in the scheme;

(d) such other factors as may be specified by regulations.

Apart from these, the new National Dental Commission Act, 2023 also specifies about the State Dental Council or Joint Dental Council, National Register or State Register, rights of persons to have licence to practice and to be enrolled in National Register or State Register and their concerned obligations, about bar to practice, recognition of dental qualifications granted by Universities or dental institutions in India, recognition of dental qualifications granted by dental institutes outside India, recognition of dental qualifications granted by statutory or other body in India, withdrawn of recognition granted to dental qualification granted by dental institutions in India, de-recognition of dental qualifications granted by dental institutions outside India, etc.

It further discussed in detail about the grants by Central government, National Dental Commission Fund, audits and accounts, furnishing of returns and reports to central government, power of Central Government to give directions to Commission and Autonomous Boards and State Governments, Information to be furnished by Commission and the publication of the same, obligations of universities and dental institutions, completion of courses of studies in dental institutions, joint sittings of commission with relevant regulatory bodies, promotion of preventive and promotive dental care in rural areas by state governments, protection of action taken in good faith, cognizance of offences, power of Central Government to supersede the commission, power of Central Government to make rules, power to make regulations, rules and regulations to be laid before the Parliament, power of State Governments to make rules, power to remove difficulties, the issue of repeal and saving and transitory provisions.

To view the Gazette notification, click on the link below:

https://medicaldialogues.in/pdf_upload/national-dental-commission-act-2023-217628.pdf

Also Read: Parliament passes National Dental Commission Bill, 2023