The General Dental Services and Personal Dental Services Transitional Provisions (Wales) Order 2006

PART 4 MISCELLANEOUS TRANSITORY PROVISIONS

Prior approval of treatment

26.  Notwithstanding the requirement for prior approval of treatment required as a consequence of the following provisions of the 1992 Regulations—

(a) paragraph 26 of Schedule 1 (terms of service for dentists);

(b) Schedule 4 (prior approval treatment); and

(c) regulation 3(terms of service) (in so far as it relates to those Schedules),

paragraphs 26 (prior approval of care and treatment) and 27 (completion of estimate) of Schedule 1 to those Regulations will not apply in respect of care and treatment to be provided on or after 4 March 2006 which, save for this article, would require or include prior approval treatment.

Amendment to the 1992 Regulations in respect of treatment plans

27.—(1) Schedule 1 to 1992 Regulations (terms of service) will apply as amended by this article in respect of care and treatment provided on or after 3 March 2006.

(2) In paragraph 4 of Schedule 1 to the 1992 Regulations—

(a) for sub-paragraph (2)(c), there is substituted—

“(c) in the opinion of the dentist, additional care and treatment not included in the treatment plan is necessary to secure and maintain the oral health of the patient.”; and

(b) sub-paragraph (3) is omitted.

(3) In paragraph 5 of Schedule 1 to the 1992 Regulations for sub-paragraph (2)(c) there is substituted—

“(c) in the opinion of the dentist, additional care and treatment not included in the treatment plan is necessary to secure and maintain the oral heath of the patient.”.

Treatment plans in respect of pilot scheme agreements

28.—(1) For the purposes of regulation 13(1) of the NHS Charges Regulations, paragraphs (2) to (4) will apply in respect of care and treatment provided under a pilot scheme agreement on or after 3 March 2006 as though it were a direction made in the PDS Directions and incorporated as a term of a pilot scheme agreement.

(2) At the first examination and assessment of a patient, a pilot dentist will provide the patient with a plan for treatment on a form supplied for that purpose by the Local Health Board.

(3) The form referred to in paragraph (2) will specify—

(a) the name of the patient;

(b) the name of the pilot dentist and the telephone number at which the dentist may be contacted in normal working hours;

(c) the name of the pilot scheme provider;

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

(e) particulars of the places where the patient will receive treatment;

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

(g) his or her estimate of the NHS Charge, if any, in respect of that care and treatment; and

(h) any proposals the pilot dentist may have for private care and treatment as an alternative to the care and treatment proposed under the pilot scheme agreement, including particulars of the cost to the patient.

(4) A pilot dentist will, where at any time during the continuing care and treatment of the patient—

(a) the treatment provided, in the opinion of the dentist, needs to be varied;

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

(c) 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

(d) in the opinion of the dentist, additional care and treatment not included in the treatment plan, is necessary to secure and maintain the oral heath of the patient,

provide the patient, in the case of sub-paragraph (a) with a revised plan, or with a new plan for treatment which complies with the requirements of paragraph (3).