EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, which extend to Scotland only, amend the National Health Service (General Dental Services) (Scotland) Regulations 2010 (“the 2010 Regulations”). The 2010 Regulations provide for arrangements under which general dental services are provided by Health Boards in terms of the National Health Service (Scotland) Act 1978.
Regulation 2(2) amends regulation 5 of the 2010 Regulations to reflect changes to the arrangements under which a dentist who provides only orthodontic treatment is provided with a vocational training number.
Regulation 2(3) amends regulation 23 of the 2010 Regulations to increase the discretion of the Scottish Dental Practice Board to authorise payment on account made to dentists pending the completion of care and treatment.
Regulation 2(4) amends Schedule 1 to the 2010 Regulations, which sets out the terms of service applicable to dentists providing general dental services.
Paragraph 4 of Schedule 1 is amended to add a requirement to the terms of service that where a contractor accepts a person under a continuing care arrangement they shall make arrangements for a dentist to examine the person and to chart the patient’s decayed, missing or filled teeth and amend the patient’s record.
Paragraph 5 of Schedule 1 is amended to alter the requirement in the terms of service where a contractor accepts a person for care and treatment under a capitation arrangement. The amendment requires that when the person is first examined by a dentist, the contractor ensures that a chart of the patient’s decayed, missing or filled teeth is made in the patient record.
Paragraph 10 of Schedule 1 is amended to insert a new provision which affects when a contractor may terminate a continuing care arrangement or a capitation arrangement. The amendment will make it clear that they may only do so on grounds which do not relate to the patient’s race, gender, social class, age, religion, sexual orientation, appearance, disability or medical condition.
Paragraph 27 of Schedule 1 is amended so that a contractor may keep records including the practice record form in computerised form.
Paragraph 40 of Schedule 1 is amended to make it clear which dentist on the dental list (which is prepared and maintained by Health Boards under regulation 4 of the 2010 Regulations) must undertake clinical audit activities. The definition of clinical audit activities is also amended.
Paragraph 41 of Schedule 1 is amended to remove the exclusion from the requirement for dentists to compile and make available patient information leaflets where the dentist provides general dental services only to persons detained in a prison or young offenders institution.
Paragraph 42 of Schedule 1 is amended to make provision about the standards applicable to the provision of premises and equipment where general dental services are provided to a patient in their own home. It adjusts the existing powers of inspection to clarify their purpose and also introduces new powers to inspect dental premises where no prior notice of an inspection has been given.
Paragraph 44 of Schedule 1 is amended to make minor adjustments to certain references in the 2010 Regulations.
Regulation 2(5) makes amendments to Part 1A of Schedule 2 to the 2010 Regulations, which deals with applications made for inclusion in sub-part A of the dental list.
Regulation 2(6) amends Schedule 4 to the 2010 Regulations, which deals with prior approval of care and treatment provided under the 2010 Regulations.
Regulation 3 provides that the amendments made to the 2010 Regulations which relate to any application for inclusion in a dental list which was received by a Health Board prior to 1st April 2016 will continue to be treated as if the amendments made in these Regulations were of no effect.
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.