General Dental Services Regulations (Northern Ireland) 1993

Interpretation

2.  In these regulations—

“the Agency” means the Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the Order;

“assistant” means any dentist employed either whole-time or part-time under a contract of service by another dentist for the purpose of providing general dental services on behalf of that other dentist;

“associateship agreement” means an agreement between dentists practising as principals—

(a)

to which there are two parties, not being partners of each other, and

(b)

whereby one party is liable to provide, for financial consideration, the use of some or all premises and of some or all facilities for the provision of general dental services by the other party;

“Board” means a Health and Social Services Board;

“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 2;

“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 and preventive care, and

(b)

treatment;

“charge” means the charge, authorised under the Dental Charges Regulations to the patient within the meaning of those regulations;

“Committee” means the Dental Committee constituted under regulation 30;

“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 2;

“the Dental Charges Regulations” means the Health and Personal Social Services Dental Charges Regulations (Northern Ireland) 1989(1);

“dental payment claim form” means a form provided by the Agency on which a dentist may claim payment for treatment provided;

“dental officer” means a dentist in the employment of the Agency;

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

“dentist” means a registered dental practitioner;

“the Dentists Act” means the Dentists Act 1984(2);

“deputy” means a dentist acting on behalf of another dentist, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;

“doctor” means a registered medical practitioner;

“Drug Tariff” means the statement prepared by the Department under regulation 40 of the Health and Personal Social Services (General Medical and Pharmaceutical Services) Regulations (Northern Ireland) 1973(3);

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

“emergency dental services” means treatment which is provided pursuant to arrangements made under regulation 14;

“estimate” means a form supplied by the Agency, completed by the dentist and submitted to the Agency in accordance with paragraph 26 of Schedule 2 for the purpose of obtaining prior approval under that paragraph;

“health premises” means any facility made available by a Board for the provision of general dental services;

“listed drugs” means such drugs and medicines as are included in a list for the time being approved by the Department for the purposes of Article 63 of the Order(4);

“Local Dental Committee”, “Local Medical Committee” and “Local Pharmaceutical Committee” mean the committees of those names which are recognised by a Board in relation to its area under Article 55 of the Order(5);

“medical card” means a card issued to a person by the Agency in a form approved by the Department for the purpose of enabling that person to obtain or establish a title to receive general medical services, including maternity medical services, general dental services or general ophthalmic services;

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

“occasional treatment” means such treatment as is mentioned in paragraph 17 of Schedule 2;

“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;

“the Order” means the Health and Personal Social Services (Northern Ireland) Order 1972;

“patient” means a person for whom a dentist agrees to provide general dental services;

“patient record” means a form supplied by the Agency for the purpose of maintaining a record of treatment;

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

“practice record form” means a form supplied by the Agency and completed in accordance with paragraph 27 of Schedule 2 for the purpose of obtaining general dental services in circumstances where the dentist intends to use a computer to send an estimate to the Agency;

“prescription form” means a form provided by the Agency and issued by a dentist to enable a person to obtain pharmaceutical services;

“prior approval treatment” means any item of treatment referred to in Part I of Schedule 5 or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;

“private”, in the context of care and treatment, means otherwise than under general dental services or Part VI of the Order and “privately” shall be construed accordingly;

“referral dental officer” means a dental officer in the employment of the Department;

“salaried dentist” means a dentist employed by a Board who undertakes to provide general dental services at health premises; “Scale of Fees” means the Scale of Fees set out in Determination I of the Statement of Dental Remuneration;

“the Services Committee Regulations” means the Health and Personal Social Services (Services Committee) Regulations (Northern Ireland) 1973(6);

“Statement of Dental Remuneration” means the Statement published by the Department pursuant to the provisions of regulation 19;

“supply”, in relation to an appliance, includes replacement;

“terms of service” means the terms of service contained, or referred to, in Schedule 2;

“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;

“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, orthodontic treatment and the taking of radiographs and the provision of general anaesthesia and sedation in connection with such treatment and the supply of listed drugs and the issue of prescriptions in accordance with paragraphs 22 and 23 of Schedule 2; and

“treatment on referral” means any care and treatment provided by a dentist under paragraph 13 of Schedule 2.

(1)

S.R. 1989 No. 111

(2)

1984 c. 24

(3)

S.R. & O. (N.I.) 1973 No. 421 as amended by S.R. 1987 No. 247, S.R. 1988 No. 395, S.R. 1991 No. 97 and S.R. 1992 No. 200

(4)

Article 63 was amended by Article 5 of S.l. 1986/2023 (N.l. 20) and Article 31(1) of S.l. 1991/194 (N.l. 1)

(5)

Article 55 was amended by Article 5 of S.I. 1991/194 (N.l. 1)

(6)

S.R. 1973 No. 416