The National Health Service (General Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1990

Amendment of regulation 2 of the principal Regulations

2.—(1) In regulation 2(1) of the principal Regulations (interpretation)—

(a) for the definition of “capitation arrangements” there is substituted the following definition:—

““capitation arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 5 of Schedule 1;”;

(b) the definitions of “dental estimate form”, “dental fitness”, “dental health” and “emergency treatment” are omitted;

(c) for the definition of “estimate” there is substituted the following definition:—

““estimate” means a form supplied by the Health Board, or a form to like effect, completed by the dentist and submitted to the Board in accordance with paragraph 24 of Schedule 1 for the purpose of obtaining prior approval under that paragraph;”;

(d) the definition of “preventive treatment” is omitted;

(e) for the definition of “salaried dentist” there is substituted the following definition:—

““salaried dentist” means a dentist employed by a Health Board who undertakes to provide general dental services at a health centre;”;

(f) the definition of “Special form” is omitted;

(g) for the definition of “treatment” there is substituted the following definition:—

““treatment” means all proper and necessary dental treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, preventive treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances, ortho dontic treatment and the taking of radiographs and the administration of anaesthesia and sedation in connection with such treatment and the supply of drugs and the issue of prescriptions in accordance with paragraphs 20 and 21 of Schedule 1;”;

(h) the following definitions are inserted in the appropriate places in the alphabetical order:—

“(i) “care and treatment” means—

(a) all proper and necessary care which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment, preventive care; and

(b) treatment;”;

“(ii) “continuing care arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 4 of Schedule 1;”;

“(iii) “dental surgery” means any part of the practice premises where care and treatment is provided;”;

“(iv) “an emergency” means the circumstances set out in paragraph 6(2) of Schedule 1 in which a patient requires prompt care and treatment;”;

“(v) “mobile surgery” means any vehicle in which care and treatment is provided;”;

“(vi) “NHS charge” means the charge, authorised under the National Health Service (Dental Charges) (Scotland) Regulations 1989(1), to the patient within the meaning of those Regulations;”;

“(vii) “occasional treatment” means such treatment as is mentioned in paragraph 16 of Schedule 1;”;

“(viii) “oral health” means such a standard of health of the teeth, their supporting structures and other tissues of the mouth, and of dental efficiency, as in the case of any patient is reasonable having regard to the need to safeguard his general health;”;

“(ix) “patient record” means the form supplied by the Health Board for the purpose of maintaining a record of treatment or a form to like effect;”;

“(x) “practice premises” means, in relation to any dentist, any premises at which he provides general dental services, or any mobile surgery of his;”;

“(xi) “prior approval treatment” means any item of treatment referred to in Part I of Schedule 1C or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;”;

“(xii) “private”, in the context of care and treatment, means otherwise than under general dental services or Part III of the National Health Service (Scotland) Act 1978(2) and “privately” shall be construed accordingly;”;

“(xiii) “trauma” means damage to teeth, gingival tissues, or alveoli caused by a force arising outside the mouth resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;”;

“(xiv) “treatment on referral” means any care and treatment provided by a dentist under paragraph 13 of Schedule 1;”.

(2) In regulation 2(4) of the principal Regulations (interpretation) there are inserted after the word “regulation” where it last appears the words “and any reference in a regulation to a numbered Schedule is a reference to the Schedule bearing that number in these Regulations” .

(1)

S.I. 1989/363

(2)

1978 c. 29