The National Health Service (General Dental Services) (Scotland) Regulations 2010
S.S.I. 2010/208 · Made 20 May 2010 · Extends to Scotland
National Health Service
Made 20th May 2010
Laid before the Scottish Parliament 21st May 2010
Coming into force 2nd July 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 4(1A), (1B) and (1C), 25(1), (2), (2A), (2B), (3) and (5), 28(1), 28A, 28C, 32D, 32E, 34, 105(6) and (7), 106 and 108(1) of the National Health Service (Scotland) Act 1978f1 and of all other powers enabling them to do so. In accordance with section 4(1B) of that Act they have consulted such organisations as appear to them to be representative of persons providing general dental services. In accordance with section 25(3) of that Act they have consulted such organisations as appear to them to be representative of the dental profession.
Annotations to the whole text
Footnotes
- f1
-
1978 c.29; section 2(5) was amended by the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”), Schedule 9, paragraph 19(1); section 4 was amended by the Health and Medicines Act 1988 (c.49) (“the 1988 Act”) sections 12(3), 25(2) and Schedule 3, and is amended by the Smoking, Health and Social Care (Scotland) Act (asp 13) (“the 2005 Act”) schedule 2, paragraph 2, with effect from 2nd July 2010 in terms of S.S.I. 2010/185; section 25(1) is amended by the 2005 Act, section 15, with effect from 20th May 2010 for the purposes of making regulations and with full effect from 2nd July 2010 in the terms of S.S.I. 2010/185, section 25(2), (2A) and (2B) are substituted by the 2005 Act, section 17, with effect from 20th May 2010 for the purposes of making regulations and with full effect from 2nd July 2010 in terms of S.S.I. 2010/185; section 25(3) was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 4, and Schedule 7; section 25(5) was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 16; section 28(1) was amended by the National Health Service (Amendment) Act 1986 (c.66), section 3(4) and by the Primary Medical Services (Scotland) Act 2004 (asp 1), (“the 2004 Act”), schedule 1, paragraph 8; section 28A was substituted by the Health Act 1999 (c.8) (“the 1999 Act”), section 57, and amended by the 2004 Act, schedule 1, paragraph 1; section 32D was substituted by the 2005 Act, section 27; section 32E was inserted by the National Health Service (Amendment) Act 1995 (c.31), section 8 and amended by the 2005 Act, schedule 2, paragraph 2(14); section 105(7), was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983, (c.41), Schedule 9, paragraph 24 and by the 1999 Act. Schedule 4, paragraph 60 and contains provisions relevant to the making of Regulations; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
Contents
- Part I: GENERAL
- 1Citation and commencement
- 2Interpretation
- Part II: GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES
- 3Terms of service
- 4Dental list
- 4AInclusion in a dental list on a provisional basis
- 4BInclusion in a dental list on a provisional basis for a second time
- 5Application for inclusion in the dental list and notification of changes
- 5AMandatory training
- 5BEnhanced Skills in Domiciliary Care
- 6General provision relating to the dental list
- 7Grounds for refusal of application
- 8Deferment of a decision on application
- 9Local directory of dentists
- 10Requirements with which a dentist or body corporate included in a dental list must comply
- 11Suspension
- 12Removal from dental list
- 12ARemoval of domiciliary care designation
- 13Re-inclusion in dental list
- 13ARe-instatement of designation
- 14Disclosure of information
- 15Withdrawal from dental list
- 16Information about assistants
- 17Information about associateship agreements
- 18Transfer of capitation arrangements
- 19Emergency dental services
- 20Arrangements for emergency cover
- 21Health Board patient information leaflets
- Part III: REMUNERATION
- 22Statement of Dental Remuneration
- 23Approval of payments
- 24Drugs
- 25Recovery of overpayments
- Part IV: PAYMENTS IN CONSEQUENCE OF SUSPENSION
- 26Payments to dentists or bodies corporate suspended by a Health Board or by direction of the Tribunal
- Part V: PRIOR APPROVAL (PATTERNS OF TREATMENT) AND SURVEYS
- 27Prior approval - patterns of treatment
- 28Surveys of the provision of general dental services
- Part VI: APPEALS FROM DECISIONS OF THE SDPB
- 29Appeals from decisions of the SDPB
- Part VII: MISCELLANEOUS
- 30Publication of particulars
- 31Service of notices etc
- 31AElectronic Communications
- 32Signatures
- 33Revocations, savings and transitional provisions
- 34Consequential Amendments
- 35Schedules
- Signature
- Schedule A1: Topics on which questions may be asked in the test of knowledge
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule B1: Enhanced skills in domiciliary care
- 1Request to become a domiciliary care dentist and eligibility
- 2Initial Interview
- 3Enhanced training and mentoring in domiciliary care
- 4Final Interview
- 5Designating a new domiciliary care dentist
- Schedule 1: TERMS OF SERVICE FOR DENTISTS
- Part I: GENERAL
- 1Interpretation
- 2Incorporation of provisions of Regulations
- 3General dental services
- Part II: CONTINUING CARE ARRANGEMENT, CAPITATION ARRANGEMENT AND TREATMENT ON REFERRAL
- 4A continuing care arrangement Repealed
- 5A capitation arrangement
- 6Emergency cover
- 7Repair or replacement of restorations
- 8Duration of a continuing care arrangement Repealed
- 9Duration of a capitation arrangement
- 10Termination of a capitation arrangement
- 11Violent patients
- 11AViolent behaviour against domiciliary care dentists
- 12Referral to another contractor or to a hospital or other service
- 13Referral to dental students
- 14Treatment on referral
- 15Inability of contractor to complete care and treatment under a capitation arrangement or treatment on referral
- 16Care and treatment summaries
- 17Mixing of general dental services and private care and treatment
- Part III: OCCASIONAL TREATMENT Repealed
- 18Occasional treatment Repealed
- 19Referral for occasional treatment Repealed
- Part IV: ADDITIONAL TERMS OF SERVICE FOR ALL DENTISTS
- 20Remuneration
- 21Surveys
- 22Standards of care
- 23Sedation
- 24Supply of drugs
- 25Issue of prescription forms
- 26Domiciliary visits
- 27Records
- 28Prior approval of care and treatment
- 29Completion of estimate
- 30Completion of claim forms
- 31Recalled attendance
- 32Completion of care and treatment under a capitation arrangement or treatment on referral
- 33Dental care professionals
- 34Postgraduate education
- 35Notices
- 36Complaints, concerns, comments, feedback
- 37Co-operation and investigation
- 38Returns re complaints Repealed
- 39Professional indemnity
- 40Quality improvement activities
- Part V: ADDITIONAL TERMS OF SERVICE FOR DENTISTS OTHER THAN SALARIED DENTISTS
- 41Patient information leaflets
- 42Premises and Equipment
- 43Remuneration
- 44Deputies and assistants
- Part VI: ADDITIONAL TERMS OF SERVICE FOR SALARIED DENTISTS
- 45Attendance
- 46Records
- 47Drugs
- 48Provision of Health Board patient information leaflets
- 49Termination of services
- Part VII: ADDITIONAL TERMS OF SERVICE FOR DOMICILIARY CARE DENTISTS
- 50Attendance at the care home
- 51In-hours emergencies
- 52Continuing professional development
- 53Procedure for withdrawing from assigned care home
- 54Voluntary removal of designation as a domiciliary care dentist
- 55Procedure for assignment to additional care homes
- Schedule 2
- Part IA: Information, declarations, certificate, applications, Level 2 disclosures, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents, to be included in an application for inclusion in sub-part A of the first part of the dental list
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part IB: Information, declarations, certificate, applications, Level 2 disclosure, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents to be included in an application for inclusion in sub-part B only of the first part of the dental list
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part II: Information, declarations, certificate, Level 2 disclosure applications, PVG Scheme Level 2 disclosure, undertakings and consents, to be included in an application for inclusion in the second part of the dental list
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- IIIINFORMATION WHICH MAY BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE DENTAL LIST
- Schedule 3: INFORMATION TO BE PROVIDED ABOUT CARE AND TREATMENT UNDER GENERAL DENTAL SERVICES Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Schedule 4: PRIOR APPROVAL OF CARE AND TREATMENT
- IITEMS OF TREATMENT
- Part II: CARE AND TREATMENT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 5: INFORMATION TO BE INCLUDED IN PATIENT INFORMATION LEAFLETS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 6: INFORMATION TO BE INCLUDED IN HEALTH BOARD PATIENT INFORMATION LEAFLET
- 1Paragraph 1
- 2Paragraph 2
- Schedule 7REVOCATIONS
- Schedule 8: CONSEQUENTIAL AMENDMENTS
- 1The National Health Service (Choice of Dental Practitioner) (Scotland) Regulations 1998
- 2The Police Act 1997 (Criminal Records) (Scotland) Regulations 2006
- Explanatory note