Dental assistants lose right to prescribe medicines after court ruling
Following the verdict, dental assistants will no longer be permitted to open their own chambers, independently examine patients, or prescribe medicines
Appellate Division has overturned a High Court verdict that had allowed holders of a Diploma in Medical Technology (Dental Assistant) to independently examine patients and prescribe medicines, effectively barring them from practising on their own.
The Supreme Court's highest tier, led by Chief Justice Zubayer Rahman Chowdhury, delivered the verdict yesterday (24 June) after allowing a civil appeal filed against the 2016 High Court judgment. The ruling completely nullifies the earlier directive that had permitted dental assistants to operate independently.
Following the verdict, dental assistants will no longer be permitted to open their own chambers, independently examine patients, or prescribe medicines. They may only work under the supervision of registered dental surgeons.
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The case dates to 2016, when Kamal Hossain, organisational secretary of the Bangladesh Dental Council, a body representing diploma holders, filed a writ petition with the High Court seeking registration for such diploma holders and the authority to examine patients and prescribe medicines.
A High Court bench comprising Justice Syed Mohammad Dastagir Husain and Justice AKM Shahidul Hauqe ruled in their favour on 13 June 2016, issuing a 10-point directive that included instructions to the Bangladesh Medical and Dental Council (BMDC) to register the diploma holders and grant them clinical authority.
The BMDC challenged the ruling the following year, filing a civil appeal in 2017. Dental surgeons were subsequently added as parties to the case.
Following the final hearing, the Appellate Division allowed the appeal and set aside the High Court verdict in its entirety.
Senior lawyers Mustafizur Rahman Khan and Kazi Ershadul Alam represented the BMDC, while senior lawyers Ahsanul Karim and Anwar Hossain appeared for the dental surgeons. Senior advocate Mohammad Shishir Manir and advocate Syeda Nasrin represented the original writ petitioners.
Speaking to journalists after the verdict, Anwar Hossain, counsel for the dental surgeons, confirmed that the High Court judgment had been entirely nullified and that dental assistants would henceforth be restricted to assisting roles only.
