Citation and commencement
1. These Regulations may be cited as the National Health Service (General Dental Services and Dental Charges) (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002.
Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996
2.—(1) The National Health Service (General Dental Services) (Scotland) Regulations 1996(1) are amended as follows.
(2) In regulation 22(1) (statement of dental remuneration)(2) in the table at the end of column 1 and column 2 respectively there is inserted “XI” and “Clinical audit allowances” and “XII” and “Remote area allowances”.
(3) In Schedule 1 (terms of service for dentists)–
(a)for paragraph 17 (occasional treatment)(3) there is substituted–
“17.—(1) Whether or not a patient has entered into a continuing care arrangement or capitation arrangement with another dentist, a dentist who is not acting on behalf of that dentist may provide any of the items listed in sub-paragraph (2) as occasional treatment.
(2) For the purposes of sub-paragraph (1) the listed items are–
(a)assessment of, and the giving of advice to, a patient,
(b)the issuing of a prescription except in connection with the items of treatment specified in paragraphs (e), (h) and (i) below,
(c)a radiographic examination and radiographic report except in connection with the items of treatment specified in paragraph (i) below,
(d)the dressing of deciduous or permanent teeth and other palliative treatment,
(e)the repair and refixing of inlays, crowns and bridges, including, where immediately necessary, the provision of temporary crowns,
(f)the extraction of deciduous or permanent teeth,
(g)the provision of post-operative care,
(h)the provision of sedation,
(i)the replacement, repair or alterations of dentures or other dental appliances,
(j)urgent treatment for acute conditions of the gingivae or oral mucosa, including treatment for pericoronitis or for ulcers and herpetic lesions, and any necessary oral hygiene instruction in connection with such treatment,
(k)any treatment immediately necessary as a result of trauma,
(l)domiciliary visits and recalled attendance,
(m)conservative treatment of permanent or retained deciduous teeth by way of filling or root fillings, and
(n)in respect of patients aged under 18, conservative treatment of no more than 2 deciduous teeth.
(3) Where the dentist, due to any cause beyond his control, is unable to complete a course of occasional treatment which he has commenced, he shall forthwith notify the Board in writing of the extent of the occasional treatment he has provided and the reason he is unable to complete the remainder of the treatment.
(4) Subject to sub-paragraphs (5) and (6), where a dentist has provided conservative treatment by way of any filling or root filling in accordance with sub paragraph (2)(m), he shall repair or replace the filling in question at no charge to the patient.
(5) A dentist shall not be under an obligation to repair or replace any filling under sub-paragraph (2)(m) where–
(a)within 12 months of the date on which the filling was provided–
(i)a dentist has provided private treatment, or
(ii)another dentist has provided occasional treatment otherwise than of a temporary nature,
on the tooth in respect of which the filling was provided;
(b)the dentist advised the patient at the time of the filling and indicated on the patient record–
(i)that the filling was intended to be temporary in nature, or
(ii)that, in his opinion, a different form of filling was more appropriate but, notwithstanding that advice, the patient insisted on the filling which was provided;
(c)in the opinion of the dentist, the condition of the tooth in respect of which the filling was provided is such that the filling cannot satisfactorily be repaired or replaced and different treatment is now required; or
(d)the repair or replacement is required as a result of trauma.
(6) The obligation to repair or replace any filling under sub paragraph (2)(m) shall cease 12 months after the date on which the filling was provided.”
(b)at the end of paragraph 31D (professional indemnity)(4) there is added–
“Clinical audit activities
31E.—(1) In the relevant period a dentist shall–
(a)undertake at least 15 hours of clinical audit activities, and
(b)take reasonable steps to ensure that any assistant of his also undertakes such activities.
(2) In this paragraph–
“clinical audit activities” means activities which involve the systematic and critical analysis of the quality of dental care provided by the dentist, including the processes used by him for diagnosis, intervention and treatment and his use of resources, and
“the relevant period” means–
subject to paragraph (b) below, where a dentist’s name is included in a dental list and he is providing general dental services–
on 1st April 2002, the period of three years commencing on that date,
from a date after 1st April 2002, the period of three years commencing with that later date,
and each successive period of three years thereafter;
where a dentist’s name remains included in a dental list but he does not provide general dental services during any continuous period in excess of thirteen weeks, the period specified in paragraph (a) above, to which is added any such continuous period during which he is not providing general dental services.”.
Amendment of the National Health Service (Dental Charges) (Scotland) Regulations 1989
3.—(1) The National Health Service (Dental Charges) (Scotland) Regulations 1989(5) are amended as follows.
(2) In regulation 3(2)(e) (charges for other dental services) for “paragraph 7 or 13(2) (repair or replacement of restorations)” there is substituted “paragraph 7 (repair or replacement of restorations), 13(2) (treatment on referral) or 17(4) (occasional treatment)”.
(3) In regulation 4(5) (calculation of charges) for “£360” in both places where it occurs there is substituted “£366”.
Transitional provision
4. Where, on or after 1st April 2002, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, the provision of regulation 4(5) of the National Health Service (Dental Charges) (Scotland) Regulations 1989 shall have effect in respect of that supply, or that other provision, as if regulation 3(3) of these Regulations had not come into force.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th March 2002