Malta Dental Technologists Association - Oral hearing at CJEU

 

To the President and Members of the Court of Justice of the European Union

 

In the case C-125/16

Malta Dental Technologists Association

John Salomone Reynaud

-        the Applicants

vs.

 

Superintendant of Public Health and

The Council for the Professions Complementary to Medicine

-        the Defendants

 

Submissions by the Applicants, the Malta Dental Technologists Association and John Salomone Reynaud.

 

This hearing was set by Order given by this Court following a request by the Applicants.

 

Introduction

When the Applicants instituted domestic civil proceedings against the Superintendent of Public Health and the Council for the Professions Complementary to Medicine, they were fully aware of the fact that, contrary to the situation in Case C-108/96 “Denis Mc Quen and Others v Grandvision Belgium SA” decided on 1st February 2001, the profession of Clinical Dental Technologists and Denturists was a safe profession vis-a-vis clients wishing to procure from them dental appliances.

The case “Mc Quen v Grandvision” concerned charges of unlawful practice of medicine in Belgium brought against the employees of an optician’s firm upon the complaint of the Belgian ophthalmologists’ association.  The practices at issue included testing for hypertension of the eye, examining the state of the retina, examining the field of vision and biomicroscopic examinations.   These practices that were being carried out by persons who were not qualified ophthalmologists undoubtedly constituted a serious health risk as they could lead to irreversible damage, in this case, blindness.  

The profession of Clinical Dental Technologists and Denturists is indubitably a safe profession. Denturists do not perform invasive procedures. Any appliance produced by denturists is removable by the patient himself or herself in case of discomfort.

  • Denturists do not diagnose;
  • they do not perform invasive procedures in the oral cavity;
  • they do not prescribe medical treatment;
  • they refer cases of pathology to dentists and the latter refer them to pathologists after a biopsy.  That the profession of Denturists is a safe profession is not open to challenge .... though it might be open to scaremongering by the Dentists’ lobby.  

Indeed, on the occasion of the 45th Anniversary of the Denturist Association of Canada in 2016, the Chief Dental Officer representing the Public Health Agency of Canada, congratulated the Denturist Association of Canada as follows:

As Chief Dental Officer of Canada, I would like to formally acknowledge the 45th Anniversary of the Denturist Association of Canada, as an association representing Canada’s Denturists.

Denturists are an important element of Canada’s oral health care community, improving access to care for denture services to Canada’s most vulnerable populations, and to Canadians in general.

Congratulations on your achievement of the 45 year milestone!

            (signed) Dr James Taylor

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