General Dental Services (Amendment) Regulations (Northern Ireland) 1998
Citation, commencement and interpretation1.
(1)
These regulations may be cited as the General Dental Services (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 1st August 1998.
(2)
Amendment of regulation 4 of the principal regulations2.
In regulation 4 of the principal regulations (dental list), in paragraph (2)(b)—
(a)
at the end of paragraph (i), “and” shall be omitted; and
(b)
“; and
(iii)
whether the dentist is indemnified against claims relating to the practice of dentistry in relation to dentistry performed by the dentist himself, and by any assistant, deputy and dental auxiliary whose work he directs.”.
Amendment of regulation 5 of the principal regulations3.
In regulation 5 of the principal regulations (application for inclusion in the dental list), in paragraph (1)(a)—
(a)
in paragraph (i),
(i)
“or a dentist undertaking to provide only emergency dental services” shall be omitted;
(ii)
for “11 and 14” there shall be substituted “11, 14 and 15”; and
(iii)
at the end “and” shall be omitted; and
(b)
“(ii)
in the case of a dentist undertaking to provide only emergency dental services, the information specified in paragraphs 1, 2, 3, 4, 5, 5A, 11, 14, 15 and 16 of Part I of Schedule 3 and the undertaking specified in that Part of that Schedule; and
(iii)
in any other case, all the information and the undertaking specified in Part I of Schedule 3; and”.
Amendment of regulation 5A of the principal regulations4.
“(d)
he has practised in primary dental care in either the community dental service or the armed forces of the Crown for a period amounting in aggregate to not less than four years full-time employment (or part-time employment of equivalent duration), and has so practised for not less than four months in full-time employment (or part-time employment of equivalent duration) within the period of four years ending with the date of his application under regulation 5(1).”.
Amendment of Schedule 2 to the principal regulations5.
(1)
Schedule 2 to the principal regulations (terms of service for dentists) shall be amended as follows.
(2)
In paragraph 11 (termination of a continuing care arrangement or a capitation arrangement)—
(a)
in sub-paragraph (1), for “sub-paragraph (4)” there shall be substituted “sub-paragraph (4) and paragraph 11A”; and
(b)
in sub-paragraph (4), at the beginning there shall be inserted “Subject to paragraph 11A,”.
(3)
“Violent patients11A.
(1)
Where—
(i)
a person, with whom a dentist has a continuing care arrangement, or a capitation arrangement, has committed an act of violence against the dentist or an employee of the dentist or has behaved in such a way that such dentist or employee has feared for his safety; and
(ii)
the dentist has reported the incident to the police,
the dentist may notify the Agency that he wishes the arrangement to be terminated immediately.
(2)
Notification under sub-paragraph (1) may be given by any means including telephone or fax, but if not given in writing shall subsequently be confirmed in writing before the end of the period of seven days beginning with the date of the notification under sub-paragraph (1) (and for this purpose a faxed notification is not a written one).
(3)
The time at which the dentist notified the Agency shall be the time at which he makes the telephone call or sends or delivers the notification to the Agency.
(4)
Where pursuant to this paragraph a dentist has notified the Agency that he wishes a continuing care arrangement or a capitation arrangement to be terminated immediately, the Agency shall take all reasonable steps to inform the person concerned.”.
(4)
“Professional Indemnity31D.
A dentist shall, if asked in writing to do so by a Board,—
(a)
state whether he is indemnified against claims relating to the practice of dentistry in relation to dentistry performed by himself, and by any assistant, deputy and dental auxiliary whose work he directs, and
(b)
if he is so indemnified, provide documentary evidence to that effect.”.
Amendment of Schedule 3 to the principal regulations6.
“15.
Whether he is indemnified against claims relating to the practice of dentistry in relation to dentistry performed by himself, and by any assistant, deputy and dental auxiliary whose work the dentist intends to direct, and if he is so indemnified documentary evidence to that effect.
16.
Details of any limitations imposed by the Secretary of State which limit his ability to work in any specific capacity.”.
Amendment of Schedule 5 to the principal regulations7.
In Part II of Schedule 5 to the principal regulations (prior approval treatment), in each of paragraphs 1 and 2, for “£200” there shall be substituted “£230”.
Sealed with the Official Seal of the Department of Health and Social Services on
Sealed with the Official Seal of the Department of Finance and Personnel on
These regulations further amend the Health and Personal Social Services General Dental Service Regulations (Northern Ireland) 1993 (“the principal regulations”) which regulate the terms on which general dental services are provided under the Health and Personal Social Services (Northern Ireland) Order 1972.
Regulations 2, 3 and 6 require the additional information to be provided by dentists who are applying to be included in the dental list. Such dentists must now advise the Board if they have insurance indemnity cover and if they are subject to any Secretary of State restrictions on employment.
Regulation 4 makes clear that a dentist, practising dentistry in either the community dental service or the armed forces, needs to have practised primary dental care for four months (or its part time equivalent) in the four years preceding his application for a vocational training certificate if he is to benefit from the relevant exemption from vocational training.
Regulation 5 amends Schedule 2 to the principal regulations, which contains dentists' terms of service. It includes a provision that dentists may terminate, with immediate effect, a capitation arrangement or a continuing care arrangement with a patient who has been violent to, or who has threatened with violence, the dentist or one of his employees. It also places a requirement on dentists to respond to a request for information about their professional indemnity insurance from a Board.
Regulation 7 amends Schedule 5 to the principal regulations to increase from £200 to £230 the amount specified as the maximum cost or likely cost of care and treatment which a dentist may undertake without seeking the prior approval of the Dental Committee.