Appellate Division Cancels Private Practice Rights for Dental Technologists

The Appellate Division of the Supreme Court has overturned a High Court verdict that allowed diploma-holding dental assistants and dental technologists to conduct independent private practices.

Following the decision, dental technologists will now be able to work only as assistants under registered dental surgeons and will not be allowed to run their own chambers, treat patients independently, or prescribe medicines.

The Appellate Division, led by the Chief Justice, delivered the order on Wednesday (24 June) after allowing an appeal filed by the Bangladesh Medical and Dental Council (BMDC).

Advocates Mostafizur Rahman Khan and Kazi Ershadul Haque represented BMDC during the hearing. Advocates Ahsanul Karim and Anwar Hossain appeared for dental doctors, while advocates Shishir Monir and Syeda Nasrin represented the petitioners.

According to court records, a writ petition was filed in 2016 seeking recognition of the educational qualifications of holders of Diploma in Medical Technology (Dental) degrees and permission to work as professional dental technologists or diploma dentists with authority to treat patients and prescribe medicines.
The petition was filed by Kamal Hossain, organisational secretary of Bangladesh Dental Parishad.

After issuing a rule and completing hearings, the High Court delivered a verdict in favour of the petitioners on 13 June 2016. The High Court had earlier defined 10 areas of work for dental technologists based on recommendations from the Directorate General of Health Services.

The areas included basic dental treatment, tooth extraction using local anaesthesia, scaling and polishing, filling, root canal dressing, and prescribing certain medicines including antibiotics and painkillers.

However, BMDC challenged the High Court verdict in 2017. After a long hearing, the Appellate Division on Wednesday cancelled the High Court judgment.
Lawyer Anwar Hossain said the curriculum of the Diploma in Medical Dentistry course was originally designed to prepare students to work as assistants under dental surgeons. He said the technologists later sought permission to practice independently.

Following the Appellate Division’s decision, dental technologists will no longer be able to operate independent chambers or provide treatment independently. They will only be allowed to work as assistants under registered dental surgeons.

//DBTech/BT2/EK//