The National Health Service (General Dental Services) (Scotland) Amendment Regulations 1992

Amendment of Schedule 1 to the principal Regulations

11.—(1) Schedule 1 to the principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In sub-paragraph (3) of paragraph 7 for heads (b) and (c) there is substituted the following:—

“(b) the dentist advised the patient at the time of the restoration and indicated on the plan for treatment provided to the patient in accordance with paragraph 4(1)(b) or (c) or 5(1)(c) or (d) and on the patient record that—

(i) the restoration was intended to be temporary in nature; or

(ii) in his opinion, a different form of restoration was more appropriate to secure oral health but, notwithstanding that advice, the patient insisted on the restoration which was provided;”.

(3) For sub-paragraph (b) of paragraph 10 there is substituted the following:—

“(b) use his best endeavours to complete satisfactorily before that date any care and treatment which the dentist has agreed to provide for the patient and which is outstanding and any further treatment that may be necessary to secure and maintain his oral health.”.

(4) In paragraph 11 for sub-paragraphs (2), (3) and (4) there are substituted the following:—

“(2) Where a dentist gives notice under sub-paragraph (1), he shall use his best endeavours to complete satisfactorily before the termination of the arrangement any care and treatment which the dentist has agreed to provide for the patient and which is outstanding and any further treatment that may be necessary to secure and maintain his oral health.

(3) Where a dentist gives notice under sub-paragraph (1), he shall notify the Health Board accordingly and give details to the Health Board of any care and treatment which the dentist has agreed to provide to the patient and which is outstanding including any arrangements made for completion of that care and treatment.

(4) Where a dentist wishes a continuing care arrangement or a capitation arrangement to be terminated on less than 3 months' notice, he shall apply in writing to the Health Board—

(a) asking that it terminate the arrangement;

(b) setting out the reasons why he wishes the arrangement to be terminated; and

(c) giving details of any care and treatment which the dentist has agreed to provide for the patient and which is outstanding including any arrangements made for completion of that care and treatment.”.

(5) In sub-paragraph (3) of paragraph 13 for heads (b) and (c) there is substituted the following:—

“(b) the dentist advised the patient at the time of the restoration and indicated on the plan for treatment provided to the patient in accordance with sub-paragraph (1)(b) or (c) and on the patient record that—

(i) the restoration was intended to be temporary in nature; or

(ii) in his opinion, a different form of restoration was more appropriate but, not withstanding that advice, the patient insisted on the restoration which was provided;”.

(6) In sub-paragraph (2) of paragraph 16 (occasional treatment)—

(i) for head (a) there is substituted the following:—

“(a) examination (including advice);

(aa) not more than 2 extractions of permanent teeth;”;

(ii) in heads (n), (o) and (p) for “(a)” where it occurs on each occasion there is substituted “(aa)”.

(7) For paragraph 19 (general anaesthesia) there is substituted the following:—

General anaesthesia and sedation

19.— (1) Where a dentist undertakes, in the course of providing general dental serv ices, any procedure for which general anaesthesia of the patient is necessary he shall arrange—

(a) for a doctor or another dentist experienced in the administration of general anaesthesia to administer the general anaesthetic and to remain with the patient throughout the procedure and until the return of the patient’s protective reflexes; or

(b) for another person with suitable training and experience to remain with the patient until the recovery phase is complete.

(2) Where a dentist undertakes, in the course of providing general dental services, any procedure for which sedation of the patient is necessary he shall remain with the patient and arrange for another person with suitable training and experience to remain with the patient throughout the procedure.

(3) In this paragraph “a person with suitable training and experience” means a person who has received such training and experience as to be capable of assisting the dentist in monitoring the clinical condition of the patient and in the event of an emergency.”.

(8) In sub-paragraph (2) of paragraph 23 (records) for the words and figures “12 months” there is substituted “2 years”.

(9) In paragraph 24 (prior approval of treatment)—

(a) in sub-paragraph (7) for the words from “approval” to the end there are substituted the words “within 7 days of the commencement of the care and treatement.”; and

(b) in sub-paragraphs (8)(b) and (9)(b) for the words “centimetres square” there are substituted the words “square centimetres”.

(10) After sub-paragraph (3) of paragraph 29 (patient information leaflets) there is inserted the following sub-paragraph:—

“(4) The requirements of sub-paragraph (1) shall not apply to any dentist who provides general dental services only to persons detained in a prison, remand centre or young offenders institution.”.

(11) The words “Part V Additional Terms of Service for Dentists Other than Salaried Dentists” occurring between paragraphs 31 and 32 are deleted and are inserted between paragraphs 32 and 33.

(12) In sub-paragraph (4) of paragraph 33 (premises etc) after the words “dental officer” there are inserted the words “or a person authorised by the Health Board”.

(13) After paragraph 37 there is inserted the following paragraph:—

Dentists suspended under section 28 or 32 of the Dentists Act 1984

37A.   Where a dentist’s registration in the register kept under section 14 of the Dentists Act 1984(1) is suspended by a direction or order of the Health Committee under section 28 of that Act (health cases) or by an order under section 32 of that Act (interim suspension order), he shall secure that any dentist appointed by him to provide general dental services on his behalf during that period of suspension shall be a dentist whose name is included in the dental list.”.

(14) In sub-paragraph (2) of paragraph 40 (records) there are inserted at the end the words “within 7 days of the date of the request”.

(15) After paragraph 41 (drugs) there is inserted the following paragraph:—

Provision of Health Board patient information leaflets

41A.   A salaried dentist shall make available to any person who may reasonably require one the Health Board patient information leaflet compiled by the Health Board pursuant to regulation 8B.”.

(1)

1984 c. 24.