Regulation 7 Amendment of Schedule 1

(1)

Schedule 1 (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 inserted “sub-paragraphs (4) and (7) and paragraph 11A”;

(b)

in sub-paragraph (4), at the beginning there shall be inserted “Subject to sub-paragraph (7) and paragraph 11A,”;

(c)

after sub-paragraph (6) there shall be inserted—

“(7)

Where—

(a)

under section 5 of the 1997 Act the Secretary of State has approved a proposal for a pilot scheme under which personal dental services are to be provided, or such a proposal has been subsequently varied with the agreement of the Secretary of State or, as the case may be, in a manner authorised by directions given by the Secretary of State under section 6 of the Act; and

(b)

under the proposal (or the varied proposal) a dentist named in it as a performer of personal dental services would treat a patient under the pilot scheme and not under a continuing care arrangement or a capitation arrangement,

the dentist shall give to him such notice of the termination of the arrangement as is required under the pilot scheme.”.

(3)

After paragraph 11 there shall be inserted—

“Violent patients

11A

(1)

Where—

(a)

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

(b)

the dentist has reported the incident to the police,

the dentist may notify the Health Authority 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 confirmation is not a written one).

(3)

The time at which the dentist notifies the Health Authority shall be the time at which he makes the telephone call or sends or delivers the notification to the Health Authority.

(4)

Where pursuant to this paragraph a dentist has notified the Health Authority that he wishes a continuing care arrangement or a capitation arrangement to be terminated immediately, the Health Authority shall take all reasonable steps to inform the person concerned.”.

(4)

After paragraph 31C^f1 there shall be inserted—

“Professional indemnity

31D

A dentist shall, if asked in writing to do so by a Health Authority in whose dental list his name is included—

(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.”.

Annotations

Footnotes

f1: Paragraph 31C was inserted by S.I. 1996/704.