Section 48
Dental bodies corporate and companies
(a)
it carries on no business other than dentistry or some business ancillary to the business of dentistry; and
(b)
at least half of the members of the Board of Directors of the dental body corporate or the company are dental surgeons.
Act 804
(2)
Notwithstanding subsection (1), a body corporate or a company may carry on the business of dentistry, if the dental treatment or dental service is provided—
(a)
in a hospital or an ambulatory care centre;
(b)
as part of a dental faculty or a dental school, in a local training institution;
(c)
for its employees by a dental practitioner, other than for profit; or
(d)
through a local authority or a statutory body by a dental practitioner.
(3)
Any body corporate or company which fails to comply with this section commits an offence and any person who at the time of the commission of the offence—
(a)
was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or the company; or
(b)
was purporting to act in any capacity referred to in paragraph (a) or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or the company or was assisting in such management—
(i)
may be charged severally or jointly in the same proceedings with the body corporate or the company; and
(ii)
shall be deemed to have committed that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
Dental 45
(4)
Where any person would be liable under this Act or any of its subsidiary legislation to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any practitioner engaged by him, employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—
(a)
by his employee in the course of his employment;
(b)
by the agent when acting on his behalf; or
(c)
by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.