DENTAL HEALTH ACT
Act No. 6163, Jan. 12, 2000
Amended by Act No. 6953, Jul. 29, 2003
Act No. 7120, Jan. 29, 2004
Act No. 8852, Feb. 29, 2008
Act No. 9932, Jan. 18, 2010
Act No. 10789, jun. 7, 2011
Act No. 11510, Oct. 22, 2012
Act No. 13319, May 18, 2015
Act No. 14317, Dec. 2, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the prevention of citizens' dental diseases and the promotion of citizens' dental health, by providing for matters necessary for dental care services for citizens and by efficiently implementing projects for dental care. <Amended by Act No. 13319, May 18, 2015>
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
The terms used in this Act shall be defined as follows: <Amended by Act No. 13319, May 18, 2015; Act No. 14317, Dec. 2, 2016>
| 1. | The term "dental health projects" means projects implemented to maintain and promote citizens' dental health by preventing and examining dental diseases and by providing and managing educational programs for dental health; |
| 2. | The term "projects to adjust the fluorine density of tap water" means projects to maintain and adjust the fluorine density of the tap water to an appropriate level by using facilities adding fluoride in water purification plants or tap water storage facilities to prevent the occurrence of dental caries (tooth decay), or projects related thereto; |
| 3. | The term "dental care products" means products specified by the Minister of Health and Welfare, which are manufactured for preventing dental diseases and promoting and maintaining dental health. |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 3 (Obligations and Duties of State and Local Governments) |
The State and local governments shall formulate and implement plans necessary for promoting the dental health of citizens and provide technological or financial support to dental health projects, including the research and study of materials related to dental health projects and training human resources.
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 4 (Citizens' Duty) |
Citizens shall cooperate so as to efficiently implement dental health projects for promoting dental health and shall endeavor to promote dental health on their own. <Amended by Act No. 13319, May 18, 2015>
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 4-2 (Dental Health Day) |
| (1) | In order to enhance citizens' appreciation and concern for dental health, the ninth day of June each year shall be designated as Dental Health Day. |
| (2) | The State and each local government may hold events consistent with the significance of Dental Health Day. |
[This Article Newly Inserted by Act No. 13319, May 18, 2015]
CHAPTER II FORMULATION, ETC. OF PLANS ON DENTAL HEALTH PROJECTS
| Article 5 (Formulation of Master Plans for Dental Health Projects) |
| (1) | The Minister of Health and Welfare shall formulate a master plan for dental health projects (hereinafter referred to as the "Master Plan") once every five years in order to efficiently implement dental health projects. <Amended by Act No. 13319, May 18, 2015> |
| (2) | Each Master Plan shall include the following projects: <Newly Inserted by Act No. 13319, May 18, 2015> |
| 1. | Projects for surveys, research, and education regarding dental health; |
| 2. | Projects to adjust the fluorine concentration of tap water; |
| 3. | Projects for dental health in schools; |
| 4. | Projects for dental health in workplace; |
| 5. | Projects for dental health of aged persons and persons with disabilities; |
| 6. | Projects for dental health of pregnant women and infants; |
| 7. | Projects to improve skills of human resources engaged in dental care services; |
| 8. | Other projects specified by Presidential Decree in connection with dental health projects. |
| (3) | When the Minister of Health and Welfare intends to formulate or amend the Master Plan, he/she shall pre-consult thereon with the heads of relevant central administrative agencies: Provided, That the Minister of Health and Welfare need not consult thereon, where he/she intends to amend any of the minor matters specified by Presidential Decree. <Newly Inserted by Act No. 13319, May 18, 2015> |
| (4) | Matters necessary for the procedure for formulating a master plan and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13319, May 18, 2015> |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 6 (Formulation and Implementation of Detailed Plans and Implementation Plans for Dental Health Projects) |
| (1) | Each year, the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Special Self-Governing City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") shall formulate and implement a detailed plan for dental health projects (hereinafter referred to as "detailed plan") in accordance with the Master Plan. |
| (2) | The head of each Si/Gun/Gu (referring to an autonomous Gu; the same shall apply hereinafter) shall formulate and implement an implementation plan for dental health projects (hereinafter referred to as "implementation plan") in accordance with the Master Plan and relevant annual detailed plan. |
| (3) | When it is intended to formulate and implement a detailed plan or an implementation plan, the Mayor/Do Governor or head of a Si/Gun/Gu shall pre-consult with the relevant Superintendent of Education or the head of the relevant District Office of Education on the dental health projects in schools referred to in Article 5 (2) 3. |
| (4) | Matters necessary for the formulation and implementation of detailed plans and implementation plans under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13319, May 18, 2015]
| Article 7 (Implementation of Dental Health Projects) |
| (1) | The Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu shall implement dental health projects as prescribed in this Act. |
| (2) | Dentists and dental hygienists shall be placed at each public health clinic (including health and medical centers; hereinafter the same shall apply) in each Special Self-Governing City, Special Self-Governing Province, and Si/Gun/Gu in accordance with Article 16 of the Regional Public Health Act. <Amended by Act No. 13319, May 18, 2015> |
| (3) | The Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu may provide human resources and technological or financial support to the related institutions or organizations or seek cooperation therefrom, if necessary for implementing dental health projects. |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 8 (Evaluation of Outcomes from Implementing Dental Health Projects) |
| (1) | The head of a Si/Gun/Gu shall submit a report on outcomes of the implementation of each implementation plan to the Mayor/Do Governor. <Amended by Act No. 13319, May 18, 2015> |
| (2) | The Mayor/Do Governor shall evaluate the report on outcomes of the implementation of each plan under paragraph (1) and submit a report on results of such evaluation, along with the report on the implementation of the relevant plan, to the Minister of Health and Welfare. |
| (3) | The Minister of Health and Welfare shall evaluate the reports on results of evaluation of a detailed plan or an implementation plan and the reports on outcomes of the implementation of the relevant plan, as submitted under paragraph (2). <Amended by Act No. 13319, May 18, 2015> |
| (4) | The methods and procedures for the evaluation under paragraphs (2) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13319, May 18, 2015> |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 9 (Surveys of Actual State of Dental Health) |
| (1) | The Minister of Health and Welfare shall conduct a survey of the actual state of dental health, including the dental health conditions of citizens and the national awareness of dental health, on a regular basis. |
| (2) | The timing for and methods of conducting a survey under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
CHAPTER III PROJECTS TO ADJUST THE FLUORINE DENSITY OF TAP WATER
| Article 10 (Plans for and Implementation of Projects to Adjust Fluorine Density of Tap Water) |
| (1) | The Mayor/Do Governor, the head of a Si/Gun/Gu or the President of the Korea Water Resources Corporation established under the Korea Water Resources Corporation Act (hereinafter referred to as the “President of the Korea Water Resources Corporation”) who intends to implement projects to adjust the fluorine density of tap water shall formulate project plans, including the following matters: |
| 1. | The current status of water purification facilities and the population served by water supply; |
| 2. | Human resources in charge of projects and a budget; |
| 3. | Fluorine materials which any project implementer intends to use and facilities adding fluoride; |
| 4. | The fluorine density of tap water which any project implementer intends to maintain; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Mayor/Do Governor, the head of a Si/Gun/Gu, or the President of the Korea Water Resources Corporation may pro-actively collect opinions of local residents through public hearings, opinion polls, etc. and may implement or discontinue a project to adjust the fluorine density of tap water according to the results of such public hearings or opinion polls. <Amended by Act No. 13319, May 18, 2015> |
| (3) | The Minister of Health and Welfare may provide technological or financial support necessary for formulating and implementing project plans under paragraph (1). |
| (4) | Specific matters concerning paragraph (1) 3 and 4 shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 11 (Management of Projects to Adjust Fluorine Density of Tap Water) |
| (1) | The Mayor/Do Governor, the head of a Si/Gun/Gu or the president of the Korea Water Resources Corporation (hereinafter referred to as "project manager") who implements projects to adjust the fluorine density of tap water shall take charge of the following matters: |
| 1. | Establishment and operation of facilities adding fluoride; |
| 2. | Instruction and supervision for the maintenance of fluorine density; |
| 3. | Safety management of human resources who add fluoride; |
| 4. | Instruction and supervision concerning the conservation and management of fluorine materials. |
| (2) | Any project manager may have the head of any place of business that operates general waterworks business as defined in subparagraph 19 of Article 3 of the Water Supply and Waterworks Installation Act or the head of a public health clinic perform duties prescribed by Ordinance of the Ministry of Health and Welfare, among duties related to projects to adjust the fluorine density of tap water. |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
CHAPTER IV SCHOOL DENTAL HEALTH PROJECTS
| Article 12 (School Dental Health Projects) |
| 1. | Dental health education; |
| 3. | Teaching and practising of dental hygiene control, such as how to brush and floss teeth; |
| 4. | Mouth-rinsing with fluoride solution and fluoride coating by a dentist or by a dental hygienist under the direction of a dentist; |
| 5. | Continued management of dental health; |
| 6. | Other matters deemed necessary for promoting the dental health of students. |
| (2) | The head of a school may request a public health clinic having the jurisdiction over the region, in which the relevant school is located, to provide human resources or technology for the smooth promotion of school dental health projects. |
| (3) | Matters necessary for the details and methods of the projects stipulated in paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 13 (School Dental Health Facilities) |
| (1) | The head of a school may establish dental health facilities to implement school dental health projects, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13319, May 18, 2015> |
| (2) | The State and a local government may subsidize all or some expenses incurred by the head of a school who intends to establish dental health facilities under paragraph (1). |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
CHAPTER V DENTAL HEALTH PROJECTS IN PLACES OF BUSINESS, ETC.
| Article 14 (Dental Health Projects in Workplace) |
Whenever business owners conduct health education and examination in accordance with the Occupational Safety and Health Act, they shall additionally conduct dental health education and dental examination, as prescribed by Presidential Decree. <Amended by Act No. 13319, May 18, 2015> [This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 15 (Dental Health Projects, etc. for Aged Persons and Persons with Disabilities) |
| (1) | The State and a local government shall include dental examination and dental health education as subjects in the health examination and education implemented under Article 27 (1) of the Welfare of Older Persons Act. <Amended by Act No. 13319, May 18, 2015> |
| (2) | The State and a local government shall implement dental health projects for aged persons or persons with disabilities, who use, or are admitted to, a welfare facility for aged persons under the Welfare of Older Persons Act or to a welfare facility for persons with disabilities under the Act on Welfare of Persons with Disabilities, and for aged persons or persons with disabilities under family care at home. <Amended by Act No. 13319, May 18, 2015> |
| (3) | The State and a local government shall endeavor to take care of dental health of lone aged persons. <Newly Inserted by Act No. 13319, May 18, 2015> |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 15-2 (Establishment of Dental Treatment Centers for Persons with Disabilities) |
| (1) | The Minister of Health and Welfare shall establish and operate a central dental treatment center for persons with disabilities, to conduct the following activities for dental care for persons with disabilities and for the promotion of their dental health: |
| 1. | Guidelines and direction-setting for dental treatment at regional and local dental treatment centers for persons with disabilities; |
| 2. | Sharing of information and collaboration with regional and local dental treatment centers for persons with disabilities; |
| 3. | Medical treatment of dental patients with disabilities. |
| (2) | The Mayor/Do Governor may establish and operate regional and local dental treatment centers to efficiently conduct activities for dental care for persons with disabilities and for the promotion of their dental health, including dental treatment for persons with disabilities. |
| (3) | The Minister of Health and Welfare and the Mayor/Do Governor may each outsource the establishment and operation of the central dental treatment center or regional and local dental treatment centers under paragraph (1) or (2), to institutions equipped with specialized human resources and facilities necessary for services. |
| (4) | The Minister of Health and Welfare and the Mayor/Do Governor may each grant full or partial subsidies to persons to whom the establishment and operation of the central dental center or a regional or local dental treatment center under paragraph (1) or (2) is outsourced for expenses incurred in the outsourced services. |
| (5) | Matters necessary for the establishment and operation of the central dental center and the regional and local dental treatment centers under paragraphs (1) and (2) and for the entrustment of establishment and operation of such dental treatment centers shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13319, May 18, 2015]
| Article 15-3 (Provision of Information about Dental Treatment Centers for Persons with Disabilities) |
The State and a local government shall provide persons with disabilities, with information about dental treatment centers for persons with disabilities to facilitate use of such dental treatment centers for dental treatment.
[This Article Newly Inserted by Act No. 13319, May 18, 2015]
| Article 16 (Dental Health Projects for Mothers and Infants) |
| (1) | The Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall conduct dental health education or examination for mothers and their infants, to whom a mother and child health pocketbook has been issued pursuant to Article 9 of the Mother and Child Health Act, and shall keep and manage records of the results thereof in the mother and child health pocketbook. <Amended by Act No. 13319, May 18, 2015> |
| (2) | The health examinations conducted for infants under Article 31 of the Infant Care Act shall include dental examinations. <Newly Inserted by Act No. 13319, May 18, 2015> |
| (3) | Matters necessary for the dental health education and examination under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13319, May 18, 2015> |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 17 Deleted. <by Act No. 13319, May 18, 2015> |
| Article 17-2 (Establishment and Operation of Dental Heath Facilities in Public Health Clinics) |
Each public health clinic in a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu) shall establish and operate a dental care room or a dental care center for the prevention and treatment of dental diseases, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13319, May 18, 2015]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 18 (Management of Dental Care Products) |
| (1) | The Minister of Health and Welfare shall manage dental care products to promote citizens' dental health. <Amended by Act No. 13319, May 18, 2015> |
| (2) | The Minister of Health and Welfare may fund institutions, organizations, etc. engaging in research and development for the production of dental care products. <Amended by Act No. 13319, May 18, 2015> |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 18-2 (Promotion of Dental Health Industry) |
The Minister of Health and Welfare may assist promoting products that contain fluoride for dental health.
[This Article Newly Inserted by Act No. 13319, May 18, 2015]
| Article 19 (Korea Dental Health Association) |
| (1) | The Korea Dental Health Association (hereinafter referred to as the "Association") shall be established to perform such duties as dental health education and public relations. |
| (2) | Those that consent to the purposes of establishment and projects of the Association shall be eligible for the members thereof. |
| (3) | The Association shall be a corporation. |
| (4) | Unless otherwise expressly provided in this Act, the provisions concerning incorporated associations in the Civil Act shall apply to the Association. |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 20 (Establishment of Dental Health Research Institutes) |
The State shall establish or designate and operate research institutes specializing in research and survey on dental health to promote citizens' dental health. <Amended by Act No. 13319, May 18, 2015>
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 21 (Education and Training) |
| (1) | The Minister of Health and Welfare may conduct education and training in order to improve skills of human resources engaged in dental health projects. <Amended by Act No. 13319, May 18, 2015> |
| (2) | The Minister of Health and Welfare shall formulate and disseminate educational programs and operational guidelines necessary for the education and training of human resources engaged in dental health projects. <Newly Inserted by Act No. 13319, May 18, 2015> |
| (3) | The Minister of Health and Welfare may entrust the education and training under paragraph (1) to specialized institutions. |
| (4) | Matters necessary for the education and training and the entrustment thereof under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13319, May 18, 2015> |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
| Article 22 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Minister of Health and Welfare granted under this Act may be partially delegated to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may entrust some of his/her duties provided for in this Act to the related institutions or organizations implementing dental health projects, as prescribed by Presidential Decree. |
| (3) | The Mayor/Do Governor or the head of a Si/Gun/Gu may entrust some of the duties delegated by the Minister of Health and Welfare under paragraph (1) to the related institutions or organizations implementing dental health projects, as prescribed by Presidential Decree. |
| (4) | Where the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu entrusts services to an institution or organization pursuant to paragraph (2) or (3), he/she may grant full or partial subsidies to such institution or organization for expenses incurred in the entrusted services. <Amended by Act No. 13319, May 18, 2015> |
[This Article Wholly Amended by Act No. 11510, Oct. 22, 2012]
ADDENDUM
This Act shall enter into force on September 1, 2000.
ADDENDA <Act No. 6953, Jul. 29, 2003>
| (1) | (Enforcement Date) This Act shall enter into force on March 1, 2004. |
ADDENDA <Act No. 7120, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11510, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13319, May 18, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14317, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.