The National Health Service (General Dental Services) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the arrangements under which general dental services are provided under Part II of the National Health Service Act 1977. They supersede the National Health Service (General Dental Services) Regulations 1973 (“the 1973 Regulations”).

The provision made by these Regulations differs from that made in the 1973 Regulations in a number of respects.

Family Health Services Authorities (“FHSAs”) are to prepare, each year where necessary, an updated list (“the dental list”) of dentists providing general dental services in their localities (regulation 4(8)). FHSAs are to determine applications for inclusion in the dental list within 14 days, unless the dentist’s proposed practice premises are to be inspected by the FHSA, in which case the application is to be determined within 14 days of such inspection (regulation 5(2)). Regulation 7(2) prevents the inclusion of a dentist’s name in a dental list if the FHSA is not satisfied, following an inspection, that his proposed practice premises are of a satisfactory standard. An FHSA may remove a dentist’s name from the dental list on the grounds that he has not for the preceding six months provided general dental services, but in the calculation of that period any absence because of the dentist’s service in the armed forces or maternity leave or sickness is to be disregarded (regulation 8(5)). Provision is made for FHSAs to make arrangements with dentists to provide general dental services in urgent cases at times when general dental services are not normally available (regulation 14).

FHSAs are required, from 1st October 1992, to prepare patient information leaflets (“FHSA patient information leaflets”) about the provision of general dental services at any health centre in their locality (regulation 16 and Schedule 6). Prison governors (and in the case of a contracted out prison, the director or controller) may make an application to dentists for general dental services on behalf of persons detained in prison or at young offender institutions (regulation 18). Provision for payments to dentists during periods where their registration is suspended under the Dentists Act 1984 (by an interim suspension order or a direction of the Health Committee) is extended and the amounts payable are increased (regulation 26). Provision is also made for the Dental Practice Board to conduct or commission surveys or other research relating to the provision of general dental services (regulation 30).

The terms of service under which dentists provide general dental services to their patients are set out in Schedule 1. The principal changes to these terms of service are as follows.

The provision relating to the mixing of general dental services and private care and treatment is extended to salaried dentists (paragraph 16). Paragraph 21 imposes special obligations on dentists in connection with the administration of sedation. Provision is also made regarding dental records, which must be retained for a period of 2 years but may be kept on computer (paragraph 25). A dentist must allow the FHSA to inspect his practice premises provided that he has been given reasonable notice of its intention to do so (paragraph 33).

Other provisions of these Regulations (including the terms of service) differ from those of the 1973 Regulations in minor respects, or in consequence of other changes which are mentioned above.

Copies of Determination 1 of the Statement of Dental Remuneration, which is referred to in these Regulations, may be obtained from the Department of Health, Room 528, Portland Court, 160 Great Portland Street, London W1N 5TB.