The Dentists Act 1985 establishes the Dental Council as the regulator of the dental profession in Ireland.
By law, under Section 66 of the Dentists Act 1985, the Dental Council must guide the dental profession on all aspects of ethical conduct and behaviour.
The Dental Council’s Code of Practice relating to Professional Behaviour and Ethical Conduct sets out a comprehensive range of professional principles that all dentists registered with the Council are expected to follow. This includes principles in respect of patient records, and includes, for example, guidance in relation to ending of practice, and states that dentists should make sure that adequate written instructions and arrangements exist within the practice to allow access to patient records and provide continuity of care if they die.
In the unfortunate event of the death of a dentist, the Dental Council does not have a statutory function in relation to the transfer of patient records.
In terms of recovery of fees, consumer law is the responsibility of the Department of Enterprise, Trade and Employment (DETE), and so issues relating to the refunding of fees are not within the remit of the Department of Health.
The Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for promoting compliance with, and enforcing, competition and consumer protection law in Ireland and are best placed to advise on any concerns regarding refunding of professional fees.