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8. After regulation 12 of the principal Regulations (functions) there is inserted the fol lowing regulation:—
12A.—(1) Where it appears to the Board that a dentist’s pattern of treatment in respect of all or any specified description of treatment, provided as part of general dental services in the area of any Health Board, differs so substantially from the local or national pattern of treatment of other dentists as to warrant, in the opinion of the Board, further investigation, the Board may write to the dentist—
(a)giving details of his pattern of treatment in respect of all or any particular description of treatment and stating the extent to which it differs from the local or national pattern of treatment of other dentists;
(b)inviting him to submit to the Board in writing the reasons why his pattern of treatment differs to the extent identified by the Board under sub-paragraph (a) of this paragraph, from that local or national pattern; and
(c)giving notice to him that if—
(i)he fails to reply within 28 days; or
(ii)his reply discloses no reasonable grounds, in the opinion of the Board, for his pattern of treatment to differ, to the extent identified by the Board under sub-paragraph (a) of this paragraph, from that local or national pattern of treatment,
the Board may give a direction as mentioned in paragraph (2).
(2) Where the dentist fails—
(a)to reply within 28 days; or
(b)to disclose the reasonable grounds as mentioned in paragraph (1)(c)(ii),
the Board may direct the dentist that he may not, for a period of not less than 3 months nor more than 9 months specified in the direction, carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board, but nothing in any such direction shall prevent the dentist, without such approval, from giving treatment following trauma or in an emergency, any private treatment or, in the course of any single consultation, treatment of a patient consisting of one examination and the taking of no more than two radiographs, each of a size not exceeding 16 centimetres square.
(3) Where the Board gives a direction under paragraph (2), the direction shall inform the dentist of his right of appeal under regulation 19 of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974(1) and shall have no effect until the expiry of the period allowed by that regulation for the bringing of an appeal and, if such an appeal is brought, until the determination of the appeal.
(4) The Board shall not give a direction to a dentist under paragraph (2) in consequence of having written to him under paragraph (1) more than 12 months previously.
(5) Where the Board gives a direction to a dentist under paragraph (2) and—
(a)the dentist does not appeal;
(b)he does appeal and his appeal is unsuccessful; or
(c)he appeals successfully,
the Board shall not give a further direction under paragraph (2) in relation to that dentist in respect of any treatment specified in the earlier direction for a period of 9 months beginning with the expiry of the period specified in the earlier direction or, as the case may be, the date on which the appeal is allowed.
(6) Paragraphs (1) and (2) shall not apply to any treatment for which a dentist is remunerated in accordance with Section X (treatment under capitation) of Determin ation I of the Statement of Dental Remuneration dated 28th August 1990 and for which he receives no remuneration other than a capitation payment.
(7) In this regulation—
(a)“pattern of treatment” means—
(i)the number of instances in which an item or items of treatment are provided by or on behalf of a dentist; or
(ii)the ratio which the number of instances relating to one such item bears to the number of instances relating to another such item;
(b)“local”, in relation to pattern of treatment, means throughout the area of a Health Board; and
(c)“national”, in relation to pattern of treatment, means throughout Scotland.”.
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