2000 No. 352
The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2000
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred upon them by sections 2(5), 25(1) and (2), 28A, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2000 and shall come into force on 13th November 2000.
2
In these Regulations “the principal Regulations” means the National Health Service (General Dental Services) (Scotland) Regulations 19962.
Amendment of regulation 2 of the principal Regulations2
1
Regulation 2(1) of the principal Regulations (interpretation) is amended as follows.
2
After the definition of “practice premises” there is inserted–
“practice record form” means a form supplied by the Health Board or primary care NHS trust and completed in accordance with paragraph 27 of Schedule 1 for the purpose of obtaining general dental services in circumstances where the dentist intends to use a computer to send an estimate to the Board;
3
In the definition of “vocational training” after the words “approved trainer” there is inserted “or, where the approved trainer is a salaried dentist3, under a contract of service with a Health Board or primary care NHS trust”.
Amendment of regulation 22 of the principal Regulations3
1
Regulation 22(1) of the principal Regulations (statement of dental remuneration) is amended as follows.
2
In the Table–
a
in column 1, after the entry “VIII” there is inserted “IX”; and
b
in column 2, after the entry “Reimbursement of non-domestic rates” there is inserted “Commitment payments”.
Amendment of regulation 23 of the principal Regulations4
1
Regulation 23 of the principal Regulations (approval of payments) is amended as follows.
2
In paragraph (4)(b)4 for “and VIII” there is substituted “, VIII and XI”.
Amendment of Schedule 1 to the principal Regulations5
1
Schedule 1 to the principal Regulations (terms of service for dentists) is amended as follows.
2
In paragraph 25 (records)5–
a
in sub paragraph (1)–
i
before the word “record” in the first place where it occurs, there is inserted “complete, accurate and up to date”; and
ii
after the words “for the purpose of securing and maintaining oral health)” there is inserted “, any practice record form”;
b
in sub-paragraph (2) after the word “records” there is inserted “forms,”;
c
for sub-paragraph (3) there is substituted–
3
The dentist shall, during the period in which he holds any records, forms, radiographs, photographs and study models referred to in sub paragraph (1)–
i
produce them on request to the dental officer, or any authorised officer of the Agency6, the Health Board or the primary care NHS trust; or
ii
send them to the Board, the dental officer, or any authorised officer of the Agency, the Health Board or the primary care NHS trust within 14 days of being required to do so by one of those persons.
d
in sub paragraph (4) after the word “records” there is inserted “(other than the practice record form) and the form recording recalled attendance in accordance with paragraph 27B”.
3
For paragraph 27 (completion of estimate)7 there is substituted–
Completion of estimate27
1
Subject to sub paragraphs (2) and (3), when submitting an estimate to the Board for approval in accordance with paragraph 26(1), (2), (3), (4), (8) or (9), a dentist shall in all cases, in addition to the information specified in those sub paragraphs, provide to the Board the following information–
a
his name and address and the number by which his arrangement with the Health Board or primary care NHS trust is identified;
b
the patient’s name and address and date of birth; and
c
details of the care and treatment proposed and the reasons why the dentist considers such care and treatment is necessary.
2
A dentist when submitting an estimate to the Board for approval as mentioned in sub paragraph (1) may, by arrangement with the Board, use a computer to submit that estimate to the Board.
3
A dentist who, in accordance with sub paragraph (2), uses a computer to submit an estimate to the Board shall–
a
at the appropriate time secure the completion, so far as applicable, by the patient or by any person acting on behalf of the patient, of the practice record form;
b
use only such computer programme as the Board has approved as suitable for the purpose; and
c
include with that estimate–
i
all the information specified in sub paragraph (1)(a), (b) and (c) except his name and address; and
ii
the personal identification number allocated to him by the Board for that purpose.
4
After paragraph 27 there is inserted–
Completion of claim forms27A
1
Subject to sub-paragraph (2), where a person declares that he or a person for whom he is responsible does not have to pay the charges prescribed by the National Health Service (Dental Charges) (Scotland) Regulations 19898 by virtue of either–
a
entitlement to exemption under sub-paragraph (4) of paragraph 2 or sub-paragraph (4) of paragraph 3 of Schedule 11 to the Act; or
b
entitlement to remission of such charges under regulation 3 or 5 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 19889,
the dentist shall ask that person to produce to him satisfactory evidence in support of that declaration and where that person does not produce such evidence the dentist shall record that fact in his form claiming remuneration for the treatment of that person or the person for whom that person is responsible.
2
Where, at the time of the declaration there is already available to the dentist satisfactory evidence of an entitlement to exemption from the charges on the grounds that the person in respect of whom the declaration is made is under 18 years of age, the obligations on the dentist specified in sub-paragraph (1) shall not apply.
3
The dentist may appoint a member of his staff to undertake the task set out in sub-paragraph (1) on his behalf, and where he does so he shall ensure that that staff member is given sufficient instruction to enable him to perform that task.
Recalled attendance27B
Where a dentist is recalled to his practice premises at a time when he does not normally provide general dental services, in order to provide treatment in an emergency, he shall, on each occasion he does so, at the time of that recalled attendance–
a
complete a form supplied by the Health Board or the primary care NHS trust for the purpose of supporting his claim to an allowance for that recalled attendance; and
b
obtain the signature on that form of the patient who he has been recalled to treat, or of a person acting on behalf of that patient.
5
After paragraph 37 there is inserted–
37A
Where care and treatment is given by an assistant, the dentist or assistant shall compete a claim for remuneration in respect of that care and treatment which–
a
is separate from any claim form in respect of care and treatment given by the dentist personally; and
b
identifies the assistant by whom the care and treatment was given and his status as an assistant.
(This note is not part of the Regulations)