Court suspends notice expanding practice for non-dentist oral health officers

The Kenya Dental Association has secured temporary court orders blocking the implementation of a notice that sought to expand the scope of practice for non-dentist community oral health officers.

High Court Judge Patricia Nyaundi ruled that the case raises issues of public interest concerning the regulation of dental practice and the scope of professional authority. The judge said justice would best be served by maintaining the existing position while the dispute is determined.

"A conservatory order is hereby issued, pending the hearing and determination of the petition, restraining the respondent, its officers, agents, or any person acting under its authority from implementing, enforcing, or relying upon the impugned publication placed on the regulator's website to the extent that it expands the scope of practice for non-dentist community oral health workers," Justice Nyaundi ruled.

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The Kenya Dental Association had challenged a publication issued on July 21, arguing that it purported to expand the scope of practice of non-dentist community oral health officers to provide advanced dental care services reserved for general dentists and specialist dentists.

The association, led by Dr Kahura Mundia, Dr Arnold Malit, and Dr Mildred Mavindu, said the move could allow non-dentist community oral health officers to provide advanced dental care services that are reserved for general dentists and dental specialists. The association asked the court to suspend the implementation, enforcement, and operation of the publication pending the hearing and determination of its petition.

It argued that the notice unlawfully expanded the scope of practice of non-dentist community oral health officers by allowing them to perform advanced dental procedures reserved for dentists and specialists. Community oral health officers are mid-level professionals who typically hold diploma or Bachelor of Science-level training, distinct from the Bachelor of Dental Surgery degree required of registered dentists.

The procedures in dispute include carrying out non-surgical tooth extractions, prescribing analgesics, antimicrobials, mouthwashes, and any other appropriate oral health medication, denture assessments, fillings, dental restorations, root canal treatments, and other selected orthodontic procedures.