PART 4Amendment of the Dental Charges Regulations

Amendments of the Dental Charges Regulations18

The Dental Charges Regulations are amended in accordance with this Part.

Amendment of regulation 2 of the Dental Charges Regulations19

In regulation 2(1) (interpretation)—

a

in the definition of “course of treatment” for “provided under a Capitation and Quality Scheme 2 Agreement in the context of regulation 13A,” substitute “provided under a prototype agreement16 or a Capitation and Quality Scheme 2 Agreement in the context of regulation 12A,”; and

b

after the definition of “prisoner” insert—

  • “prototype agreement” means a GDS contract or PDS agreement temporarily varied as part of the Prototype Agreements Scheme17 which contains—

    1. a

      the terms and conditions required under the National Health Service (Dental Services) (Prototype Agreements) Directions 201518; and

    2. b

      the terms and conditions required under the National Health Service (General Dental Services Contracts) Regulations 200519 or the National Health Service (Personal Dental Services Agreements) Regulations 200520;

Amendment of regulation 3 of the Dental Charges Regulations20

In regulation 3 (charges for the provision of dental services), in paragraph (1), for “regulations 4 or 13A(2)” substitute “regulation 4 or 12A(2)”.

Amendment of regulation 5 of the Dental Charges Regulations21

In regulation 5 (effect of referral to another provider of dental services on the calculation of charges), for “regulation 4 or 13A(2)” substitute “regulation 4 or 12A(2)”.

Amendment of regulation 6 of the Dental Charges Regulations22

In regulation 6 (circumstances in which charges cannot be made for treatment that occurs after a course of treatment is completed), in paragraph (4), for “or regulation 13A(2)” substitute “or regulation 12A(2)”.

Amendment of regulation 8 of the Dental Charges Regulations23

In regulation 8 (making and recovery of charges)—

a

in paragraph (2), for “or 13A(2)” substitute “or 12A(2)”; and

b

in paragraph (3), for “or 13A(2)” substitute “or 12A(2)”.

Insertion of new regulations 12A and 12B into the Dental Charges Regulations24

After regulation 12 (reduction of remuneration and accounting for charges in relation to providers of relevant primary dental services), insert—

Charges in respect of primary dental services provided under a prototype agreement or under a Capitation and Quality Scheme 2 Agreement12A

1

This regulation applies in relation to primary dental services provided under a prototype agreement or under a Capitation and Quality Scheme 2 Agreement.

2

An additional charge to be known as a Band 1A charge of £18.80 may be made and recovered for the provision of any interim care course of treatment the entirety of the components of which are set out in Schedule 1A, irrespective of whether any of the components of the course of treatment are also set out in Schedule 1, where—

a

subject to paragraph (3), all of the components of an interim care course of treatment proposed for a person at the initial examination have been provided (notwithstanding that they may have been provided at different times); and

b

those components include at least one of the treatments set out at paragraphs (e) to (g) of Schedule 1A.

3

If—

a

during an interim care course of treatment a patient voluntarily withdraws from, or is withdrawn by the provider from treatment; and

b

at least one of the treatments set out at paragraphs (e) to (g) of Schedule 1A has been provided,

a Band 1A charge may be made and recovered for the course of treatment (notwithstanding that the requirements of paragraph (2)(a) are not fully met).

Transitional provision relating to interim care provided under a Capitation and Quality Scheme 2 Agreement12B

Where—

a

an initial examination occurred on or before 31st October 2015;

b

a course of treatment was planned that would constitute an interim care course of treatment for the purposes of regulation 12A had it been planned on or after 1st November 2015; and

c

all of that treatment is provided on or after 1st November 2015,

the planned treatment must be treated as provided in accordance with the prototype agreement.

Revocation of regulations 13A and 13B of the Dental Charges Regulations25

Regulations 13A (charges in respect of primary dental services provided under a Capitation and Quality Scheme 2 Agreement) and 13B (transitional provision relating to interim care) are revoked.

Amendment of Schedule 1A to the Dental Charges Regulations26

In the heading of Schedule 1A (Band 1A Charges-Interim Care), for the reference “Regulation 13A” substitute “Regulation 12A”.