The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Dental Services) (Scotland) Regulations 2010 (“2010 Regulations”). The 2010 Regulations provide for arrangements under which general dental services are provided by Health Boards in Scotland in terms of the National Health Service (Scotland) Act 1978. In addition to minor and drafting amendments, the Regulations make a number of changes of substance which fall into 3 main categories:

1. The Regulations clarify the circumstances in which dentists applying to join sub-part A of the first part of a Health Board’s dental list require to have first undertaken mandatory training provided by NHS Education for Scotland (NES), and impose similar requirements on certain dentists applying to join the second part of a dental list. These amendments to the 2010 Regulations come into force on 26th October 2017 (regulations 3(1)(a), (g), (i) and (j), 4, 10, 12 and 13).

2. The Regulations replace the requirement on dentists to undertake clinical audit activities with a requirement to undertake quality improvement activities- a broader concept. These amendments to the 2010 Regulations come into force on 26th October 2017 (regulations 5 and 11(13)).

3. The Regulations insert deadlines by which estimates for prior approval and payment claims for treatment provided under general dental services must be submitted electronically and allow for certain forms or information to be provided by electronic communication. There are 4 separate dates on which these amendments come into force:

• 26th October 2017 (regulation 11(11));

• 1st January 2018 (regulations 3(1)(b), (c), (e), (f) and (h) and (2), 7, 8, 9, 11(1) to (3), (4)(b) and (5) to (10));

• 1st October 2018 (regulation 11(12)); and

• 1st January 2019 (regulations 3(1)(d), 6 and 11(4)(a)).

Regulation 3(1) amends regulation 2(1) of the 2010 Regulations. New definitions of “electronic communication” and “form to like effect” and amendments to definitions of “estimate”, “in writing” and “practice record form” relate to electronic communications. Regulation 3(1)(c) inserts an interim definition of “estimate”. Regulation 3(2) confirms that this definition will cease to have effect when the definition of “estimate” in paragraph (1)(d) comes into force on 1st January 2019. New definitions of “Dental Core Training”, “Part 1 training”, “Part 2 training”, “Speciality Training” and “test of knowledge” relate to mandatory training.

Regulation 4 inserts new regulation 5A into the 2010 Regulations. Regulation 5A details the requirement for mandatory training for certain dentists who are applying under regulation 5 of the 2010 Regulations to be listed in either sub-part A of part 1 of a dental list, or in the second part of a dental list. Regulation 5A(3) describes the dentists who require to complete only Part 2 training and the test of knowledge. Regulation 5A(4) to (7) describes the dentists who require to complete both Part 1 training and Part 2 training as well as the test of knowledge.

Regulation 6 amends regulation 27 of the 2010 Regulations to provide for electronic communications in relation to prior approval of patterns of treatment.

Regulation 7 amends regulation 31 of the 2010 Regulations to expressly exclude any notice or document which is sent or served by an electronic communication where this method of sending or service is permitted by the 2010 Regulations.

Regulation 8 inserts new regulation 31A, which makes provision as to when an electronic communication is deemed to have been received.

Regulation 10 inserts a new schedule A1 into the 2010 Regulations which lists the topics on which questions may be asked in the test of knowledge, following mandatory training.

Regulation 11 makes various amendments to schedule 1 of the 2010 Regulations (“schedule 1”), which contains the terms of service for dentists. In addition to minor and drafting amendments, it makes the following changes of substance:

• paragraph (2) amends paragraph 4 of schedule 1 to retain the requirement for the plan for treatment and form of acceptance to be given to the patient in writing, following the change to the 2010 Regulations whereby the plan for treatment and form of acceptance can originate in electronic form. The same amendments are made by paragraph (3) in relation to capitation arrangements (paragraph 5 of schedule 1) and paragraph (4)(b) in relation to treatment on referral (paragraph 14(4) of schedule 1);

• paragraph (4)(a) amends paragraph 14(3) of schedule 1 to allow a contractor to obtain prior approval of the SDPB as required by that paragraph using an electronic communication;

• paragraph (5) amends paragraph 15 of schedule 1 to allow a contractor to notify the SDPB as required by that paragraph using an electronic communication;

• paragraph (6) amends paragraph 16 of schedule 1 to enable a contractor to provide a care and treatment summary to a patient either in writing or by an electronic communication irrespective of whether the form on which the summary is provided was supplied by the Health Board or originated in an electronic form;

• paragraph (7) amends paragraph 18(3) of schedule 1 to allow a contractor to notify the SDPB as required by that paragraph using an electronic communication;

• paragraph (8) amends paragraph 19(4) of schedule 1 to allow a contractor to obtain the prior approval of the SDPB, as required by that paragraph, by an electronic communication;

• paragraph (9) amends paragraph 20(2) of schedule 1 to require all claims for a fee or other remuneration for the provision of general dental services to be submitted by electronic communication from 1st January 2018, with the exception of claims submitted under new sub-paragraph (2A). New sub-paragraph (2A) provides that any claim for a fee or remuneration for the provision of orthodontic treatment submitted before 1st January 2019 may continue to be submitted by post, by hand or by electronic communication;

• paragraph (10)(a) amends paragraph 27(3)(i) of schedule 1 to allow the information listed in paragraph 27(3) to be produced in electronic form, at the discretion of the dental officer or authorised officer, and where it is possible on account of the form in which the information is held. New paragraph 27(3A) provides that, where appropriate, the information listed in paragraph 27(3) can be sent to the SDPB, dental officer or authorised officer by an electronic communication;

• paragraph (12)(b) deletes paragraph 29(2) of schedule 1 and paragraph (c)(i) amends paragraph 29(3) to require all estimates for the provision of care and treatment to be submitted by electronic communication from 1st October 2018, with the exception of claims submitted under new sub-paragraph (4);

• paragraph (12)(c)(ii) amends paragraph 29(3)(a) of schedule 1 to provide that the practice record form (as defined in regulation 2(1) of the 2010 Regulations and amended by regulation 3(1) of these Regulations) can originate in electronic form;

• paragraph (12)(d) inserts new sub-paragraphs (4) and (5) into paragraph 29 of schedule 1, which provide that any estimate for the provision of orthodontic treatment submitted before 1st January 2019 may continue to be submitted other than by electronic communication;

Regulation 12 amends paragraph 1 of Part IA of schedule 2 of the 2010 Regulations. Sub-paragraph (w) requires dentists described in regulation 5A(3) of the 2010 Regulations to provide a certificate confirming satisfactory completion of Part 2 training and the test of knowledge. Sub-paragraph (x) requires dentists described in regulation 5A(4) or (6) of the 2010 Regulations to provide a certificate from NES confirming satisfactory completion of Part 1 and Part 2 training and the test of knowledge. Regulation 13 makes the equivalent amendment to paragraph 1 of Part II of schedule 2 of the 2010 Regulations for dentists applying to be listed in the second part of a dental list.