Diploma dentists cannot practise independently: Appellate division

The Appellate Division of the Supreme Court has cancelled a High Court verdict that allowed Diploma in Medical Technology (Dental Assistant) degree holders to independently treat patients and prescribe medicines, ruling that they cannot practise separately as dentists.

A four-member Appellate Division bench headed by Chief Justice Zubayer Rahman Chowdhury delivered the verdict on Wednesday after allowing a civil appeal filed against the High Court judgment.

Following the ruling, lawyers for dental professionals said dental assistants and dental technologists would no longer be allowed to run private chambers, examine patients independently or issue prescriptions. They can only work as assistants under registered dental surgeons.

Advocate Anwar Hossain, appearing for dental doctors, said the Appellate Division accepted the civil appeal filed by dental professionals and the Bangladesh Medical and Dental Council (BMDC), effectively scrapping the High Court decision that had granted independent practice rights to dental assistants.

The dispute originated from a writ petition filed by Kamal Hossain, organisational secretary of Bangladesh Dental Parishad, seeking registration and authority for Diploma in Medical Technology (Dental Assistant) holders to treat patients and prescribe medicines.

After hearing the petition, a High Court bench comprising Justice Syed Mohammad Dastagir Hossain and Justice AKM Shahidul Haque had issued a ruling on June 13, 2016, directing the BMDC to provide registration to diploma holders and allowing them to perform certain dental services, including patient care and prescribing medicines.

The High Court had also issued a set of 10 directives regarding the role and registration of dental assistants.

The Medical and Dental Council later filed a civil appeal against the High Court judgment in 2017, with dental doctors joining the case as parties.

After the final hearing, the Appellate Division allowed the appeal and overturned the High Court verdict, ending the possibility of independent practice by diploma dental assistants.

TZ