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The National Health Service (General Dental Services) (Scotland) Regulations 2010

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A continuing care arrangement

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4.—(1) A contractor who accepts a person for care and treatment under a continuing care arrangement shall—

(a)at the time at which the contractor accepts the patient provide the patient with the information about care and treatment under general dental services which is set out in Schedule 3 and with a form of acceptance supplied by the Health Board, or form to like effect, which shall specify—

(i)the name of the patient;

(ii)the name of the dentist who will carry out the care and treatment;

(iii)particulars of the places where the patient will receive care and treatment; and

(iv)the telephone number at which the dentist who will provide the care and treatment to the patient, or a deputy, may be contacted during normal surgery hours, or at other times in an emergency if different;

(b)ensure that at the time of the first examination of the patient by a dentist, the dentist provides the patient with a plan for treatment on a form supplied by the Health Board, or a form to like effect, which shall specify—

(i)details of the care and treatment (if any) which in the opinion of the dentist, at the date of that examination, is necessary to secure and maintain the oral health of the patient;

(ii)the approximate period following which a further examination is recommended by the dentist;

(iii)the dentist’s estimate of the NHS charge, if any, in respect of that care and treatment; and

(iv)any proposals which the dentist may have for private care and treatment as an alternative to the care and treatment proposed under general dental services, including particulars of the cost to the patient;

(c)ensure that where at any time during the currency of a continuing care arrangement—

(i)the circumstances specified in sub-paragraph (2) apply; or

(ii)in the opinion of the dentist, the care and treatment included in the plan for treatment provided under paragraph (b) or this paragraph needs to be varied;

the patient is provided with a new plan for treatment or, as the case may be, a revised plan for treatment in accordance (except as to the time of its provision) with paragraph (b) of this sub‑paragraph;

(d)complete the care and treatment (if any)—

(i)which is referred to in paragraph (b)(i) of this sub-paragraph; and

(ii)where sub-paragraph (2) does not apply, any care and treatment which is in the opinion of the dentist at the date of any examination of the patient, necessary to secure and maintain the patient’s oral health;

(e)provide the patient with emergency cover in accordance with paragraph 6; and

(f)repair or replace in accordance with paragraph 7 any restoration which requires repair or replacement.

(2) The circumstances in which the obligation mentioned in sub-paragraph (1)(c)(i) applies are where—

(a)the patient requests a new plan for treatment;

(b)the patient and the dentist have agreed that all or part of the treatment which is necessary to secure and maintain oral health is to be provided privately; or

(c)the care and treatment which is to be provided includes any of the items of treatment mentioned in sub-paragraph (3).

(3) The items of treatment referred to in sub-paragraph (2)(c) (and also in paragraph 5(2)(c)) are—

(a)non-surgical treatment of chronic periodontal diseases which is likely to involve 3 or more visits;

(b)provision of 3 or more permanent fillings;

(c)endodontic treatment;

(d)provision of a veneer, inlay, pinlay, crown or bridge;

(e)all surgical treatment other than the extractions of teeth;

(f)the extraction of—

(i)more than 2 teeth; or

(ii)any tooth which, in the opinion of the dentist, is likely to present special difficulty;

(g)provision of sedation in connection with any item of treatment;

(h)provision of prosthetic appliances; and

(i)orthodontic care and treatment.

(4) Where a contractor accepts the transfer of a continuing care arrangement the contractor shall provide the patient with the information specified in sub-paragraphs (1)(a)(ii) to (iv) and assume the obligations set out in sub-paragraphs (1)(c) to (f).

(5) Where the contractor is informed that the contractor to whom a patient has been referred under paragraph 12 has died and is aware that the particular care and treatment for which the patient was referred has not been completed, the contractor shall inform the patient and refer the patient to another contractor in accordance with paragraph 12 for completion of that care and treatment.

(6) Where a person who is in prison is accepted for care and treatment by a contractor the contractor shall ensure that a dentist examines the person at the time he or she is accepted for care and treatment.

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