Politics

Regulator ‘unable to act’ over dentist with sexual assault conviction

Dental council says failure to update 1985 Dentists Act eroding confidence in profession

There is no statutory obligation on a dentist in Ireland to maintain their competence, according to the Dental Council of Ireland. Photograph: iStock

Paul Cullen
Wed May 1 2024 - 18:20

About 40 dentists working in Ireland have been sanctioned in other European countries but the regulator for the profession here is unable to intervene, an Oireachtas committee has heard.

One person who has a conviction for sexual assault practised as a dentist in Ireland but the Dental Council of Ireland could not act due to a lack of legal powers, the regulator said.

Speaking at the health committee on Wednesday, council registrar David O’Flynn outlined 12 instances in which it was unable to take action due to the failure of successive governments to update the 1985 Dentists Act.

He said unregistered dentists were providing treatment, including one with a conviction for sexual assault.

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One person repeatedly failed to diagnose a severe infection in a young child, while another dentist worked here despite being erased in two other European countries.

He said the council has received notifications from international regulators concerning about 40 registered dentists who have had sanctions applied in other countries. However, the council was unable to do anything as the dentists were already on the Irish register when sanctioned.

Other cases raised serious infection prevention and control concerns, including one dentist who was working from a Portakabin. In numerous incidences, concerns were raised about instruments not being properly sterilised, with one involving a dentist leaving bloodied extracted teeth on a radiator.

“How can the dental council protect patients when the current Act does not allow it to enter a dental premises or to take account of overseas sanctions,” Mr O’Flynn asked.

“On one occasion, a tattoo artist contacted me to ask me to inspect their dentist’s practice because they were concerned about the standards of infection prevention and control. She was concerned that the dentist was not sterilising his instruments properly as she saw dirty instruments in a sink.

“She outlined the processes she follows in her studio to prevent infection spreading — they were very similar to the dental council’s infection prevention and control standards — and she had valid concerns. She wanted the dental council to inspect and she was incredulous that we had no power to enter or inspect a dental practice.”

There is no statutory obligation on a dentist to maintain their competence, he said. “A dentist can leave dental school and, over a 40-year working career, never be asked to demonstrate to the regulator that they remain competent to practise dentistry.”

The Act generally only allows the dental council to act in retrospect — after the harm has happened, he told TDs. “A modern system of regulation must allow the regulator to take proactive steps and try to step in before harm is done.”

Public confidence in the profession is being eroded by a failure to update dental regulation, he added, with no register of dental practices and no way to hold practice owners who are not dentists to account.

Five successive ministers for health have promised to update the legislation yet nothing has happened, he said.

In the short term, Mr O’Flynn called for the introduction of a statutory professional competence scheme, new powers to allow the council inspect dentists’ certificates and a new legislative framework for dental education.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.

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