General Dental Services (Amendment) Regulations (Northern Ireland) 2013

Statutory Rules of Northern Ireland

2013 No. 300

Health And Personal Social Services

General Dental Services (Amendment) Regulations (Northern Ireland) 2013

Made

19th December 2013

Coming into operation-

27th December 2013

The Department of Health, Social Services and Public Safety(1), in conjunction with the Department of Finance and Personnel, makes the following Regulations in exercise of the powers conferred on it by Articles 61(1), (2), (2AA), 106 and 107(6) of the Health and Personal Social Services (Northern Ireland) Order 1972(2).

In accordance with Article 61(4) of that Order the Department has consulted with such organisations as appear to be representative of the dental profession.

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the General Dental Services (Amendment) Regulations (Northern Ireland) 2013 and shall come into operation on 27th December 2013.

(2) In these Regulations, “the principal Regulations” means the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993(3).

Commencement Information

I1 Reg. 1 in operation at 27.12.2013, see reg. 1(1)

Amendment of Regulation 2 of the principal Regulations N.I.

2.—(1) Regulation 2 (Interpretation) of the principal Regulations shall be amended as provided in the following paragraphs.

(2) The following definitions are inserted in the appropriate place—

“the Directive” means Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare(4);

“visiting patient” means an individual for whom a Member State other than the United Kingdom is the Member State of Affiliation within the meaning of Article 3(c) of the Directive.

Commencement Information

I2 Reg. 2 in operation at 27.12.2013, see reg. 1(1)

Amendment of paragraph 3 of Schedule 2 to the principal Regulations N.I.

3.—(1) Paragraph 3 (General dental services) of Schedule 2 to the principal Regulations shall be amended as follows:

(2) In sub-paragraph (2)(b)(iv) replace the full stop with a comma and insert “or”.

(3) After sub-paragraph (2)(b)(iv) insert—

“(v) who is a visiting patient.”.

(4) After sub paragraph (2) insert—

“(3) Nothing in sub-paragraph (2) obliges a dentist to prioritise a visiting patient to the detriment of other persons.”.

Commencement Information

I3 Reg. 3 in operation at 27.12.2013, see reg. 1(1)

Amendment of paragraph 23 of Schedule 2 to the principal Regulations N.I.

4.  After paragraph 23 (Issue of prescription forms) of Schedule 2 to the principal Regulations insert—

“Restrictions on prescribing by dentists

23A.   Notwithstanding anything in paragraph 23, in the course of treating a visiting patient in accordance with paragraph 3(2)(b)(v), a dentist shall not supply or order on a prescription form listed drugs but may supply or prescribe such drugs for that patient under a private arrangement.”.

Commencement Information

I4 Reg. 4 in operation at 27.12.2013, see reg. 1(1)

Amendment of paragraph 24 of Schedule 2 to the principal Regulations N.I.

5.—(1) Paragraph 24 (Domiciliary visits) of Schedule 2 to the principal Regulations shall be amended as follows—

(a) In paragraph 24 amend paragraph 24 to 24(1);

(b) After paragraph 24(1) insert—

“(2) Notwithstanding anything in sub-paragraph (1), a dentist shall not be required to attend on a patient at a place outside Northern Ireland.”.

Commencement Information

I5 Reg. 5 in operation at 27.12.2013, see reg. 1(1)

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th December 2013.

(L.S.)

Heather Stevens

A senior officer of the

Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel on 19th December 2013.

(L.S.)

John McKibbin

A senior officer of the

Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the General Dental Services Regulations (Northern Ireland) 1993 “the GDS Regulations” to give effect to Directive 2011/24/EU of the European Parliament and of the Council of 9th March 2011 on the application of patients’ rights in cross-border healthcare “the Directive”.

Regulation 2 amends the interpretation provisions of the GDS Regulations.

Regulation 3 amends the list of those patients entitled to seek occasional treatment to include a patient seeking treatment under the Directive “a visiting patient”.

Regulation 4 amends the Terms of Service for all dentists set out in Schedule 2 to the GDS Regulations so that a dentist treating a visiting patient under the occasional treatment provisions supplies or prescribes drugs under a private arrangement.

Regulation 5 amends the Terms of Service for all dentists set out in Schedule 2 to the GDS Regulations so that a dentist is not required to carry out any domiciliary visit outside Northern Ireland.

(1)

See S.I. 1999/283 (N.I. 1), Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14); relevant amending Instruments are Article 13 of S.I. 1978/1907 (N.I. 26); Articles 30, 34, 35 and Part I of Schedule 5 to, and Part I of Schedule 6 to, S.I. 1991/194 (N.I. 1); and S.I. 1997/1177 (N.I. 7)

(3)

S.R. 1993 No. 326; relevant amending Regulations are S.R. 2001 No. 309

(4)

OJ No. L88, 4.4.2011, p.45