The National Health Service (General Dental Services) Amendment (No.6) Regulations 2001

Amendments to Schedule 1

12.—(1) Schedule 1 (terms of service for dentists) shall be amended in accordance with the following paragraphs.

(2) In paragraph 2 (incorporation of provisions of Regulations), in sub-paragraph (b)(i), for “FHSA” substitute “Health Authority”.

(3) In paragraph 8 (duration and extension of a continuing care arrangement)(1) and in paragraph 9 (duration and extension of a capitation arrangement)(2) for the wording in head (iii) of sub-paragraph (2)(b) and head (iv) of sub-paragraph (2)(b) respectively, substitute—

“the dentist is suspended and the Health Authority does not within the period of one month beginning with the suspension arrange for it to be transferred to another dentist under regulation 13.”.

(4) After paragraph 31G (quality assurance system return)(3) insert—

“Declaration of convictions etc.

31H.— (1) A dentist shall by 31st March 2002 supply in writing information to the Health Authority as to whether he—

(a) has any criminal convictions in the United Kingdom;

(b) has been bound over following a criminal conviction in the United Kingdom;

(c) has accepted a police caution in the United Kingdom;

(d) has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;

(e) is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;

(f) has been subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;

(g) is currently subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world;

(h) is, to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case;

(i) is the subject of any investigation by another Health Authority or equivalent body, which might lead to his removal from any of that Health Authority’s lists or equivalent lists;

(j) is, or has been where the outcome was adverse, subject to an investigation into his professional conduct in respect of any current or previous employment;

(k) has been removed, contingently removed, refused admission to, or conditionally included in any list or equivalent list kept by another Health Authority or equivalent body, or is currently suspended from such a list,

and if so, he must give details, including approximate dates, of any investigation or proceedings which were or are to be brought, the nature of that investigation or proceedings, and any outcome.

(2) The dentist shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, by them into the dentist.

(3) Having supplied the information referred to in paragraph (1), the dentist shall inform the Health Authority within 7 days of the occurrence if he—

(a) is convicted of any criminal offence in the United Kingdom;

(b) is bound over following a criminal conviction in the United Kingdom;

(c) accepts a police caution in the United Kingdom;

(d) is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;

(e) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence;

(f) is notified by any licensing or regulatory body anywhere in the world, of the outcome of any investigation into his professional conduct, and there is a finding against him;

(g) becomes the subject of any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world;

(h) becomes subject to an investigation into his professional conduct in respect of any current or previous employment, or is notified of the outcome of such an investigation and any finding against him;

(i) becomes the subject of any investigation by the National Health Service Counter Fraud Service in relation to a fraud case or is notified of the outcome of such an investigation where it was adverse;

(j) becomes the subject of any investigation by another Health Authority or equivalent body, which might lead to his removal from any of that Health Authority’s or equivalent lists;

(k) is removed, contingently removed, suspended, refused admission to, or conditionally included in any list kept by another Health Authority or equivalent list kept by an equivalent body,

and if so, he must give details, including approximate dates, of any investigation or proceedings which were or are to be brought, the nature of that investigation or proceedings, and any outcome.

(4) Where paragraph (3) applies, the dentist shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, by them into the dentist.

Applications to other lists

31J.   A dentist shall inform the Health Authority if he applies to be included in any list held by another Health Authority or any equivalent list held by an equivalent body, and of the outcome of any such application.”.

(5) In paragraph 35 (deputies and assistants) for sub-paragraph (10A)(4) substitute—

“(10A) A dentist shall not employ as a deputy or assistant for the purposes of the provision of general dental services any dentist who is—

(a) the subject of a national disqualification, or

(b) suspended or suspended nationally.”.

(1)

Relevant amending instruments are S.I. 1995/3092 and 1996/2051.

(2)

Relevant amending instruments are S.I. 1995/3092 and 1996/2051.

(3)

Paragraphs 31A, 31B and 31C were inserted by regulation 5 of S.I.1996/704, paragraph 31D was inserted by regulation 7(4) of S.I.1998/1648 and paragraphs 31E, 31F and 31G were inserted by regulation 5 of S.I.2001/1677.

(4)

Inserted by S.I.1995/3092, reg. 10(4)(b).