No more independent practise by diploma dentists: Appellate Division

The Appellate Division has allowed a civil appeal challenging a High Court verdict that had authorised holders of a Diploma in Medical Technology (Dental Assistant) to independently examine patients and prescribe medicines.

With this verdict, the High Court judgment permitting dental assistants to practise separately or independently stands completely set aside.

The top court, headed by Chief Justice Zubayer Rahman Chowdhury, delivered the verdict yesterday (24 June) after allowing the civil appeal filed against the High Court judgment.

Senior lawyers Mustafizur Rahman Khan and Kazi Ershadul Alam appeared for the Bangladesh Medical and Dental Council (BMDC) in court. Senior lawyers Ahsanul Karim and Anwar Hossain represented the dental surgeons, while senior advocate Mohammad Shishir Manir and advocate Syeda Nasrin appeared for the writ petitioners.

Speaking to journalists after the verdict, Anwar Hossain, counsel for the dental surgeons, said that the Appellate Division, led by the chief justice, allowed the civil appeal filed by the dental surgeons and the BMDC after a hearing.

Consequently, the High Court judgment that had allowed dental assistants to engage in separate or independent practice has been entirely nullified, he confirmed.

He further noted that following the court's decision, dental assistants or dental technologists would no longer be allowed to carry out any independent private practice.

They will not be permitted to open their own chambers, independently examine patients, or prescribe medicines, and can only work as assistants under registered dental surgeons, he clarified.

In 2016, Kamal Hossain, organisational secretary of the Bangladesh Dental Council – an organisation representing holders of Diploma in Medical Technology (Dental Assistant) degrees – filed a writ petition with the High Court seeking registration for such diploma holders and authority for them to examine patients and prescribe medicines.

After the final hearing of the writ, a High Court bench comprising Justice Syed Mohammad Dastagir Husain and Justice AKM Shahidul Hauqe on 13 June 2016, made absolute the rule issued in the matter.

That court had issued a 10-point directive, including instructions to the BMDC to register the diploma holders and grant them authority to examine patients and prescribe medicines.

A year later, in 2017, the BMDC filed a civil appeal against the High Court judgment, and dental surgeons were later added as parties to the case.

Following the final hearing, the Appellate Division allowed the appeal and set aside the High Court verdict.