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5.—(1) Schedule 2 to the principal regulations (terms of service for dentists) shall be amended as follows.
(2) In paragraph 11 (termination of a continuing care arrangement or a capitation arrangement)—
(a)in sub-paragraph (1), for “sub-paragraph (4)” there shall be substituted “sub-paragraph (4) and paragraph 11A”; and
(b)in sub-paragraph (4), at the beginning there shall be inserted “Subject to paragraph 11A,”.
(3) After paragraph 11 there shall be inserted—
11A.—(1) Where—
(i)a person, with whom a dentist has a continuing care arrangement, or a capitation arrangement, has committed an act of violence against the dentist or an employee of the dentist or has behaved in such a way that such dentist or employee has feared for his safety; and
(ii)the dentist has reported the incident to the police,
the dentist may notify the Agency that he wishes the arrangement to be terminated immediately.
(2) Notification under sub-paragraph (1) may be given by any means including telephone or fax, but if not given in writing shall subsequently be confirmed in writing before the end of the period of seven days beginning with the date of the notification under sub-paragraph (1) (and for this purpose a faxed notification is not a written one).
(3) The time at which the dentist notified the Agency shall be the time at which he makes the telephone call or sends or delivers the notification to the Agency.
(4) Where pursuant to this paragraph a dentist has notified the Agency that he wishes a continuing care arrangement or a capitation arrangement to be terminated immediately, the Agency shall take all reasonable steps to inform the person concerned.”.
(4) After paragraph 31C(1) there shall be inserted—
31D. A dentist shall, if asked in writing to do so by a Board,—
(a)state whether he is indemnified against claims relating to the practice of dentistry in relation to dentistry performed by himself, and by any assistant, deputy and dental auxiliary whose work he directs, and
(b)if he is so indemnified, provide documentary evidence to that effect.”.
Paragraph 31C was inserted by S.R. 1996 No. 114
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