Replies to LegCo questions
LCQ6: Review of Dentists Registration Ordinance and Dental Council of Hong Kong
Following is a question by the Dr Hon Kwok Ka-ki and a reply by the Secretary
for Health, Welfare and Food, Dr York Chow, in the Legislative Council today
(June 22):
Question :
Since the enactment of the Dentists Registration Ordinance (DRO) and its
subsidiary legislation in 1940 and the setting up of the Dental Council of Hong
Kong (DCHK) in 1957, the Government has not conducted any comprehensive review
of the relevant legislative provisions, and the structure and system of DCHK. As
a result, many parts of them have become outmoded. For example, while local
registered dentists are not allowed to advertise and promote their dental
practices and clinical services as they are regulated by the legislation and
relevant Code of Practice, dentists in the Mainland may publish advertisements
in local newspapers and magazines listing their services and the relevant
charges. Moreover, the authorities conducted consultation exercises on reforming
the composition of DCHK and on the roles and functions of public sector advisory
and statutory bodies in 1993 and 2003 respectively. In this connection, will the
Government inform this Council:
(a) of the dates on which individual serving members of DCHK were appointed and
the duration of their terms of office; whether reform measures arising from the
results of the above consultation exercises have been incorporated in its
existing structure and system, and whether the authorities will review the
composition and appointment procedures of DCHK, as well as the term of office of
its members, with a view to enhancing its representativeness, accountability and
transparency, thereby receiving views from the sector broadly and enhancing the
professional standards of dentists; and
(b) whether it will consider conducting a comprehensive review of DRO, including
addressing the above problem of advertisement and promotion by dentists, and
conducting an extensive consultation exercise relating to the review; if it
will, of the timetable for the review?
Answer:
Madam President,
As in the case of other professionals, the regime governing the dental
profession in Hong Kong is based on the self-regulatory principle. The Dentists
Registration Ordinance (the Ordinance) provides the legislative framework for
the registration of dental practitioners in Hong Kong as well as the
administration and governing of their professional practice and conduct. The
Ordinance provides for the establishment and composition of the Hong Kong Dental
Council (HKDC), which is statutorily charged to register dental practitioners in
Hong Kong and regulate the practice of the profession, including examination and
discipline. Since its enactment, the Ordinance has been functioning effectively
to ensure the standard of dentistry practice in Hong Kong and protection of
those seeking dental services.
Apart from the statutory powers and responsibilities, the HKDC has also
developed a Code of Professional Discipline. The Code sets out the professional
behaviour expected of a dental practitioner, how they should conduct their
business, including the provision of practice information, advertising and
display of fee information. I understand that the HKDC has been refining the
Code in consultation with members of the profession to ensure that the
provisions are kept abreast of the changing professional needs.
Turning to the specific points raised by the Honourable Kwok Ka Ki,
(a) In relation to the appointment of members, the dates on which individual
serving members were appointed and the duration of their terms of office are set
out in the
Annex. In 1999, the Dental Council submitted proposals to revamp the
Ordinance, the proposals include, amongst others, the introduction of a
Specialist Register, enlarge the composition of the Dental Council, establish
other statutory committees, and increase the level of maximum fines and
penalties. In March this year, we consulted the Legislative Council Panel on
Health Services on the proposed amendments to the Ordinance to provide for the
setting up of a statutory system for specialist registration. This amendment
would facilitate the development of specialist practice in the dentistry
profession and enhance the present regulatory regime. With members' support, we
aim to introduce an Amendment Bill into this Council next month.
As regards the composition of the HKDC, we are of the view that the composition
is generally in line with the outcome of the relevant review conducted by the
Home Affairs Bureau in 2003, taking into account the practical needs of the
Council. The current composition of the Council consists of registered dentists
from the Department of Health, the University of Hong Kong as well as six
registered dentists nominated by the Hong Kong Dental Association. More than 80%
of the registered dentists in Hong Kong are members of the Association. The
Council maintains liaison with the profession through the issue of newsletters
and consultations with the profession on issues of interest and concern to the
members, to ensure that the profession's views are effectively gauged to
facilitate the Council's deliberation. Upon enactment of the Amendment Bill
which I just mentioned, the Administration will consider the appropriate timing
for a major revamp of the DRO, including the composition of the Council, and
will consult the Council and other stakeholder groups on the details of the
amendments as appropriate.
(b) The Dentists Registration Ordinance does not provide for details concerning
the regulation of the professional conduct of dentists. The Code of Professional
Discipline promulgated by the Council provides general guidance to dentists on
their professional behaviour, including the dissemination of practice
information, canvassing for the purpose of obtaining patients and
self-advertisement for the promotion of professional advantage. We understand
that the HKDC, in close consultation with members of the profession, has been
refining the Code to keep up with the development and needs of the profession.
The HKDC is prepared to consider any further suggestions from the dental
profession in this regard in order to meet its aspirations and the changing
practice environment, and consult the profession on any proposals received.
Thank you.
Ends/Wednesday, June 22, 2005
Issued at HKT 13:51
NNNN