The Private Dentistry (Wales) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Care Standards Act 2000 (“the Act”) and apply in relation to persons who carry on or manage the provision of private dental services by a dentist, or relevant professional services by a dental care professional, otherwise than for the purposes of the National Health Service (Wales) Act 2006 in Wales.

These Regulations replace the Private Dentistry (Wales) Regulations 2008 which regulated individual dentists and they make provision in relation to private dental practices which are required to register under Part 2 of the Act.

Part 2 of the Act provides for the registration and inspection of establishments and agencies by the registration authority (Welsh Ministers). Part 2 of the Act also provides powers for the Welsh Ministers to make regulations governing the conduct of establishments and agencies.

Section 42 of the Act makes provision, through regulations, for the application of Part 2 of the Act (with such modifications as may be specified) in respect of persons who carry on or manage the provision of services that are not specified in that Act.

The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 have been made under the power in section 42 of the Act to provide that the regulation making powers in Part 2 of the Act apply, with the modifications set out in those Regulations, in respect of private dental practices.

Part 1 of these Regulations provides that each private dental practice must have a statement of purpose, consisting of the matters set out in Schedule 1 to these Regulations, and a patient information leaflet, both of which must be kept under review (regulations 5 to 7). By virtue of regulation 5(3) the private dental practice must be conducted in a manner which is consistent with its statement of purpose.

Regulation 8 sets out the policies and procedures which must be prepared and implemented in relation to the private dental practice.

Part 2 of these Regulations makes provision about the fitness of the persons carrying on and managing the private dental practice and requires full and satisfactory information to be available in relation to matters prescribed in Part 1 of Schedule 3. Where the provider is a partnership, this information must be available in relation to each of the partners. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available (regulation 9). Regulations 10 and 11 prescribe the circumstances in which a manager must be appointed for the private dental practice and the fitness requirements for the manager. Regulation 12 imposes general requirements in relation to the carrying on and management of the private dental practice and the need for appropriate training.

Part 3 of the Regulations makes specific provision about the conduct of private dental practices, in particular about the quality of the services to be provided in or for the purposes of a private dental practice, including matters relating to the quality of treatment, privacy and dignity of patients, the staffing of the private dental practice, the suitability of workers, safeguarding patients, complaints, annual returns and record keeping. Provision is also made about the suitability of premises and the fire precautions to be taken. The registered provider is required to visit the private dental practice as prescribed (regulation 23) and regulation 24 imposes requirements relating to the financial viability of the private dental practice.

Regulations 25 to 30 deal with the giving of notices to the registration authority when certain events occur such as the death or serious injury of a patient; the absence of the manager; where certain changes occur, for example, a change in the registered person and other personnel or significant changes to the premises; where the registered person or responsible individual is convicted of any criminal offence; where liquidators and others are appointed; and where the registered person dies.

Part 4 sets out additional requirements in relation to resuscitation of patients and the use of Class 3B or Class 4 laser products.

Part 5 deals with miscellaneous matters. In particular, regulation 36 provides that a breach of regulations 5 to 32 will be an offence on the part of the registered person.

Regulation 38 amends the Independent Health Care (Wales) Regulations 2011 by removing from the list of “listed services” the use of Class 4 laser products by or under the supervision of a dentist or dental care professional in a private dental practice. This amendment removes the requirement to register as an independent hospital where a Class 4 laser is used by or under the supervision of a dentist or dental care professional in a private dental practice to provide dental treatment.

Regulation 39 applies Part 2 of the Act (in so far as it has not already been applied and modified) to persons carrying on and managing private dental practices with the modifications set out in Schedule 4.

Regulation 40 provides transitional provisions relating to persons who were carrying on or managing a private dental practice before these Regulations come into force. Regulation 41 revokes the Private Dentistry (Wales) Regulations 2008 (“the 2008 Regulations”) and the Private Dentistry (Wales) (Amendment) Regulations 2011. Regulation 42 provides saving provisions in relation to dentists registered under the 2008 Regulations which are revoked under these Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained by contacting the Department for Health and Social Services, Welsh Government, Cathays Park, Cardiff CF10 3NQ.