The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2016

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment Regulations 2016 and come into force on 1st April 2016.

(2) In these Regulations, “the 2010 Regulations” means the National Health Service (General Dental Services) (Scotland) Regulations 2010(1).

Amendment of the 2010 Regulations

2.—(1) The 2010 Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 5 (application for inclusion in the dental list and notification of changes)—

(a) in paragraph (15) omit “Subject to paragraph (16),”; and

(b) omit paragraph (16).

(3) In regulation 23(6) (approval of payments)—

(a) omit “in cases of orthodontic care and treatment”; and

(b) for “that” substitute “any”.

(4) In Schedule 1 (terms of service for dentists)—

(a) in paragraph 4 (a continuing care arrangement)—

(i) for sub-paragraph (1)(a) substitute—

“(a) at the time at which the contractor accepts the patient—

(i) 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 the matters listed in sub-paragraph (1A); and

(ii) ensure that a dentist examines the patient in order to chart the patient’s decayed, missing or filled teeth on the patient record;”;

(ii) after sub-paragraph (1) insert—

“(1A) The matters to be specified in the form mentioned in sub-paragraph (1)(a)(i) are—

(a) the name of the patient;

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

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

(d) 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.”; and

(iii) in sub-paragraph (4) for “(1)(a)(ii) to (iv)” substitute “(1A)(b) to (d)”;

(b) in paragraph 5 (a capitation arrangement), in sub-paragraph (1)(a), for “form supplied by the Health Board, or a form to like effect” substitute “patient record”;

(c) in paragraph 10 (termination of a continuing care arrangement or a capitation arrangement), before sub-paragraph (1) insert—

“(A1) A contractor may terminate a continuing care arrangement or a capitation arrangement in accordance with this paragraph only on grounds which do not relate to the patient’s race, gender, social class, age, religion, sexual orientation, appearance, disability or medical condition.”;

(d) in paragraph 27 (records), in sub-paragraph (4), omit “(other than the practice record form)”;

(e) in paragraph 40 (clinical audit activities)—

(i) in sub-paragraph (1), after “on” insert “sub-part A of the first part or the second part of”; and

(ii) in sub-paragraph (4), in paragraph (b) of the definition of “clinical audit activities”, after “months apart” insert “(or such other period as may be agreed with NHS Education for Scotland or, as the case may be, the Health Board)”;

(f) in paragraph 41 (patient information leaflets)—

(i) in sub-paragraph (1) omit “Subject to sub-paragraph (4)”; and

(ii) omit sub-paragraph (4);

(g) in paragraph 42 (premises and equipment)—

(i) in sub-paragraph (1) for “from a mobile surgery only” substitute “only at the place where a patient normally resides or from a mobile surgery”;

(ii) in sub-paragraph (2) after “general dental services” insert “at the place where a patient normally resides or”;

(iii) in sub-paragraph (4) after “staff training” insert “, so as to enable the Health Board to assure itself that the contractor meets the standards set out in sub-paragraphs (1) to (3)”; and

(iv) after sub-paragraph (4) insert—

“(5) A contractor shall at all reasonable times admit a dental officer or a person authorised by the Health Board for the purpose of inspecting any equipment or practice premises, dental surgery, mobile surgery or waiting-room under the contractor’s control and reviewing the procedures and staff training where—

(a) concerns about patient safety were raised during an inspection under sub-paragraph (4) and further investigation by the Health Board of those concerns is necessary; or

(b) information has come to the attention of the Health Board which necessitates immediate further investigation by it using powers under this sub-paragraph.

(6) A dental officer or a person authorised by the Health Board shall not require to give notice of an inspection under sub-paragraph (5).”; and

(h) in paragraph 44 (deputies and assistants)—

(i) in sub-paragraph (1) for “dentist” substitute “contractor”; and

(ii) in sub-paragraph (2) for “principal” substitute “contractor”.

(5) In Schedule 2, in Part IA (information, declarations, certificate, applications, disclosure requests etc.), after paragraph (1)(u) insert—

“(v) in the case of a dentist applying for inclusion in sub-part A of the first part or the second part of the dental list for the first time, or on returning to clinical practice in Scotland after an absence of less than 5 years, a certificate from NHS Education for Scotland confirming that the applicant has satisfactorily completed training including in the content and application of these Regulations;

(w) in the case of a dentist applying for inclusion in sub-part A of the first part or the second part of the dental list on returning to clinical practice in Scotland after an absence of 5 years or more, a certificate from NHS Education for Scotland confirming that the applicant has satisfactorily completed return to work training.”.

(6) In Schedule 4 (prior approval of care and treatment), in Part II (care and treatment)—

(a) in paragraphs 1 and 2 for “£350” substitute “the amount set out in Determination I of the Statement of Dental Remuneration(2)”;

(b) omit the word “and” immediately after paragraph 3(b); and

(c) after paragraph 3(b) insert—

“(ba) in the case of care and treatment which is not orthodontic care and treatment, fees for diagnosis and domiciliary visits; and”.

Savings provision

3.  The amendments made by regulation 2(2) and (5) have no effect in relation to any application received by a Health Board for inclusion in a dental list (defined in regulation 4 of the 2010 Regulations) prior to 1st April 2016.

MAUREEN WATT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th January 2016