Regulation 39 Additional grounds for refusal

(1)

In addition to the grounds in regulation 8(2), a Local Health Board may refuse to include a dental practitioner in its dental performers list if—

(a)

the dental practitioner’s registration in the dentists register is subject to conditions by virtue of a direction of a Practice Committee under section 27B (Practice Committees), 27C (resumed hearings) or 28 (restoration to register) of the Dentists Act 1984^f1,

(b)

the dental practitioner is subject to an order for immediate conditional registration made by a Practice Committee under section 30 of the Dentists Act 1984^f2 (orders for immediate suspension and immediate conditional registration), or

(c)

the dental practitioner is subject to an order for interim conditional registration made by a Practice Committee, Interim Orders Committee or the court under section 32 of the Dentists Act 1984^f3 (interim orders).

(2)

In addition to the grounds in regulation 8(4), a Local Health Board must refuse to include a dental practitioner in a dental performers list if—

(a)

the dental practitioner is a contractor and the relevant scheme is not one that lies within its area,

(b)

the dental practitioner is included in the dental performers list of another Local Health Board, unless he or she has given notice to the Local Health Board that he or she wishes to withdraw from that list, or

(c)

the dental practitioner is not undertaking foundation training and has neither satisfactorily completed foundation training nor is exempt under paragraph (4) from the requirement to undertake foundation training.

(3)

For the purposes of regulation 8(2)(e), the date prescribed in this Part is 3 March 2003 or, if the dental practitioner concerned had been included in a dental list, 26 August 2002.

(4)

A dental practitioner is exempt from the requirement to undertake foundation training—

(a)

if the dental practitioner is judged, through an assessment by a Local Health Board, to have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training, or

(b)

for a period during which the dental practitioner participates in an induction programme in accordance with paragraphs (5) to (7).

(5)

For the purposes of paragraph (4)(b), where the dental practitioner is judged, through an assessment by a Local Health Board, to have the knowledge and experience necessary to perform primary dental services to a standard that does not prejudice the efficiency of those services, a Local Health Board may specify the requirements for an induction programme which the dental practitioner must participate in.

(6)

The specified requirements of an induction programme must have the aim that, after completing the programme, the dental practitioner is able to satisfy the Local Health Board that they have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training.

(7)

Where a Local Health Board specifies the requirements for an induction programme, it must specify a period of no more than 2 years during which the dental practitioner must participate in the induction programme.

(8)

Regulations 36 (contents of a dental performers list), 37 (application for inclusion in a dental performers list) and 40(1)(b) (grounds for removal from a dental performers list) apply to a dental practitioner participating in an induction programme as if they were a dental practitioner undertaking foundation training.

Annotations

Footnotes

f1: Sections 27B, 27C and 28 were substituted by S.I. 2005/2011, article 18.
f2: Section 30 was substituted by S.I. 2005/2011.
f3: Section 32 was substituted by S.I. 2005/2011 and amended by S.I. 2016/496.