General Dental Services Regulations (Northern Ireland) 1993

Deputies and assistants

35.—(1) Where a dentist is prevented from providing care and treatment by reason of temporary absence through illness or other reasonable cause, such care and treatment may be given by a deputy or assistant.

(2) In the case of 2 or more dentists practising in partnership or as a principal and assistant, care and treatment may at any time be given by a partner or an assistant of the dentist who is responsible for the patient's care and treatment, if reasonable steps are taken to secure continuity of care and treatment.

(3) A dentist shall not employ more than 2 assistants at any one time for the provision of general dental services without the consent of the Board, or on appeal the Department.

(4) Before giving any consent under sub-paragraph (3) the Board shall consult the Local Dental Committee, and any consent given under that sub-paragraph shall be reviewed by the Board in consultation with the Local Dental Committee at least once a year and may be confirmed or withdrawn by the Board.

(5) A dentist shall—

(a) notify the Board of the employment of an assistant within 7 days of the first day of such employment;

(b) forward to the Board such particulars concerning the assistant as the Board may reasonably require; and

(c) on ceasing to employ an assistant, notify the Board within 7 days of the cessation of that employment.

(6) A dentist shall not employ as an assistant any dentist who has the same address in the dental list as any of his own practice premises.

(7) Where a dentist employs an assistant who to the dentist's knowledge is subject to a requirement under paragraph 26(8) or (9) to submit estimates to the Committee for prior approval in respect of treatment, he shall not allow the assistant to carry out the treatment unless the prior approval of the Board has first been obtained.

(8) If a dentist intends to absent himself from his practice premises for more than 28 consecutive days he shall notify the Board of—

(a) his intended absence; and

(b) the name and address, if different to the practice premises, of the deputy or assistant (if any) responsible for providing general dental services during his absence.

(9) A dentist who intends to be or is absent from his practice premises for more than 2 months—

(a) shall notify the Board in writing; and

(b) shall not employ an assistant for any period of absence in excess of 2 months without the consent of the Board.

(10) A dentist shall not, without the consent of the Department, employ as a deputy or assistant for the purpose of the provision of general dental services any dentist who is disqualified for inclusion in the dental list by virtue of the provisions of Article 61(2A)(1) or Article 65 of, and Schedule 11(2) to, the Order.

(11) Except as provided in sub-paragraph (12), a dentist shall be responsible for all acts and omissions of any dentist acting as his deputy or assistant.

(12) A dentist, whose name is included in the dental list, when acting as a deputy to another dentist whose name is also included in that list, shall be responsible for his own acts and omissions in relation to the obligations under these terms of service of the dentist for whom he acts as deputy and for the acts and omissions of any person employed by him or acting on his behalf.

(13) A deputy may provide general dental services at places or at times other than those arranged by the dentist for whom he is acting, due regard being had to the convenience of patients.

(1)

Paragraph (2A) was inserted by Article 5(2)(b) of S.I. 1981/432

(2)

Schedule 11 was amended by Article 17 of, and Part I of Schedule 6 to, S.I. 1984/1158 (N.I. 8)