The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Dental Services) (Scotland) Regulations 1996 (S.I. 1996/177) (“the principal Regulations”), which provide for arrangements under which dentists provide general dental services as part of the National Health Service in Scotland.

The Regulations amend the principal Regulations to divide the dental list into 2 parts, Part A to list those dentists who have undertaken to provide general dental services and Part B to list those dentists who have undertaken to provide emergency dental services under regulation 17 of the principal Regulations (regulations 3(3) and (5), and 4). The Regulations amend the principal Regulations to provide that dentists who wish to undertake emergency dental services only, do not require a vocational training number (regulations 3(3) and 5). The Regulations also amend a number of references to the dental list throughout the principal Regulations to refer to as appropriate to Part A or Part B of the list.

Regulation 7 amends regulation 11 of the principal Regulations (removal from dental list) to require a Health Board or primary care NHS trust to remove the name of a dentist from the dental list if he has been convicted in the UK of murder or has been convicted in the UK of a criminal offence and sentenced to a term of imprisonment of at least 6 months.

Regulation 17(2) amends paragraph 13 (treatment on referral) of Schedule 1 to the principal Regulations (terms of service). It provides that, subject to an exception, dentists may not accept a patient for orthodontic treatment or treatment under general anaesthesia unless that patient has been referred by another dentist. The exception is that dentists may accept a patient who refers himself for orthodontic treatment, providing the dentist obtains the prior written approval of the Scottish Dental Practice Board. Regulation 17(3) and (4) make similar amendments to paragraph 18(3) of Schedule 1 to the principal Regulations in relation to referral for occasional treatment.

Regulation 17(5) substitutes a new paragraph 19 (remuneration) into Schedule 1 to the principal Regulations, to clarify when a dentist may claim a fee or accept payment of a fee.

Regulation 17(7) amends paragraph 33 of Schedule 1 to the principal Regulations in relation to dental surgeries where general anaesthesia and /or sedation are provided, to allow the Health Board or primary care NHS trust to review the procedures and staff training.

Regulation 18 amends Schedule 2 to the principal Regulations (application for inclusion in the dental list). Regulation 18(2) inserts a new paragraph 18 into the Schedule. The new paragraph sets out an additional declaration which requires the applicant to state any convictions or current proceedings for a criminal offence or action by a professional licensing or regulatory body. Regulation 18(3) and the Schedule to the Regulations insert a new Part IA into Schedule 2 to the principal Regulations. The new Part IA sets out the information to be included in an application for inclusion in Part B only of the dental list.