5.—(1) Schedule 1 to the principal Regulations (terms of service for dentists) is amended as follows.
(2) In paragraph 25 (records)(1)–
(a)in sub paragraph (1)–
(i)before the word “record” in the first place where it occurs, there is inserted “complete, accurate and up to date”; and
(ii)after the words “for the purpose of securing and maintaining oral health)” there is inserted “, any practice record form”;
(b)in sub-paragraph (2) after the word “records” there is inserted “forms,”;
(c)for sub-paragraph (3) there is substituted–
“(3) The dentist shall, during the period in which he holds any records, forms, radiographs, photographs and study models referred to in sub paragraph (1)–
(i)produce them on request to the dental officer, or any authorised officer of the Agency(2), the Health Board or the primary care NHS trust; or
(ii)send them to the Board, the dental officer, or any authorised officer of the Agency, the Health Board or the primary care NHS trust within 14 days of being required to do so by one of those persons.”; and
(d)in sub paragraph (4) after the word “records” there is inserted “(other than the practice record form) and the form recording recalled attendance in accordance with paragraph 27B”.
(3) For paragraph 27 (completion of estimate)(3) there is substituted–
27.—(1) Subject to sub paragraphs (2) and (3), when submitting an estimate to the Board for approval in accordance with paragraph 26(1), (2), (3), (4), (8) or (9), a dentist shall in all cases, in addition to the information specified in those sub paragraphs, provide to the Board the following information–
(a)his name and address and the number by which his arrangement with the Health Board or primary care NHS trust is identified;
(b)the patient’s name and address and date of birth; and
(c)details of the care and treatment proposed and the reasons why the dentist considers such care and treatment is necessary.
(2) A dentist when submitting an estimate to the Board for approval as mentioned in sub paragraph (1) may, by arrangement with the Board, use a computer to submit that estimate to the Board.
(3) A dentist who, in accordance with sub paragraph (2), uses a computer to submit an estimate to the Board shall–
(a)at the appropriate time secure the completion, so far as applicable, by the patient or by any person acting on behalf of the patient, of the practice record form;
(b)use only such computer programme as the Board has approved as suitable for the purpose; and
(c)include with that estimate–
(i)all the information specified in sub paragraph (1)(a), (b) and (c) except his name and address; and
(ii)the personal identification number allocated to him by the Board for that purpose.”.
(4) After paragraph 27 there is inserted–
27A.—(1) Subject to sub-paragraph (2), where a person declares that he or a person for whom he is responsible does not have to pay the charges prescribed by the National Health Service (Dental Charges) (Scotland) Regulations 1989(4) by virtue of either–
(a)entitlement to exemption under sub-paragraph (4) of paragraph 2 or sub-paragraph (4) of paragraph 3 of Schedule 11 to the Act; or
(b)entitlement to remission of such charges under regulation 3 or 5 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(5),
the dentist shall ask that person to produce to him satisfactory evidence in support of that declaration and where that person does not produce such evidence the dentist shall record that fact in his form claiming remuneration for the treatment of that person or the person for whom that person is responsible.
(2) Where, at the time of the declaration there is already available to the dentist satisfactory evidence of an entitlement to exemption from the charges on the grounds that the person in respect of whom the declaration is made is under 18 years of age, the obligations on the dentist specified in sub-paragraph (1) shall not apply.
(3) The dentist may appoint a member of his staff to undertake the task set out in sub-paragraph (1) on his behalf, and where he does so he shall ensure that that staff member is given sufficient instruction to enable him to perform that task.
27B. Where a dentist is recalled to his practice premises at a time when he does not normally provide general dental services, in order to provide treatment in an emergency, he shall, on each occasion he does so, at the time of that recalled attendance–
(a)complete a form supplied by the Health Board or the primary care NHS trust for the purpose of supporting his claim to an allowance for that recalled attendance; and
(b)obtain the signature on that form of the patient who he has been recalled to treat, or of a person acting on behalf of that patient.”.
(5) After paragraph 37 there is inserted–
“37A. Where care and treatment is given by an assistant, the dentist or assistant shall compete a claim for remuneration in respect of that care and treatment which–
(a)is separate from any claim form in respect of care and treatment given by the dentist personally; and
(b)identifies the assistant by whom the care and treatment was given and his status as an assistant.”.
Paragraph 25 was amended by S.S.I. 1999/51.
A definition of “the Agency” was inserted by S.I. 1999/724.
Paragraph 27 was amended by S.S.I. 1999/51.