National Health Service (General Dental Services) Regulations 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/1468 |
| Year | 1973 |
1973 No. 1468
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Health Service (General Dental Services) Regulations 197320thAugust 1973
3rdSeptember 1973
1stOctober 1973
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
Regulation
1. Citation and commencement.
2. Interpretation.
PART II
GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES
3. Terms of service.
4. Dental list.
5. Information about assistants.
6. Removal from dental list.
7. Withdrawal from dental list.
8. Arrangements to complete treatment.
PART III
DENTAL ESTIMATES BOARD
9. Constitution.
10. Tenure of office.
11. Functions.
12. Proceedings.
13. Officers.
14. Standing orders.
15. Reports.
PART IV
METHOD OF OBTAINING GENERAL DENTAL SERVICES
16. Application for services.
17. Exercise of choice of dentists in certain cases.
18. Examination by dental officer.
PART V
CHARGES PAYABLE BY OR ON BEHALF OF PATIENTS
19. Charges for treatment and appliances.
20. Additional charges for more expensive treatment.
21. Charges for replacement.
22. Payments and recovery of charges.
PART VI
REMUNERATION OF DENTISTS
23. Statement of Dental Remuneration.
24. Approval of payments.
25. Drugs.
26. Recovery of overpayments.
PART VII
MISCELLANEOUS
27. Isles of Scilly.
28. Publication of particulars.
29. Service of documents.
30. Revocation of regulations and transitional provisions.
SCHEDULES
SCHEDULE 1. Terms of service.
PART I
GENERAL
Paragraphs
1. Interpretation.
2. Standard of service.
3. General anaesthetics.
4. Domiciliary visits.
5. Referral to another dentist or to hospital and specialist services.
6. Records.
7. Fees and remuneration.
8. Use of dental estimate form.
9. Provision and prior approval of treatment.
10. Occasional treatment.
11. Inability or unwillingness of dentist to complete treatment.
12—13. Drugs.
14. Signatures.
15. Ancillary dental workers.
16. Revision of terms of service.
17. Incorporation of provisions, disputes, appeals, etc.
PART II
ADDITIONAL TERMS OF SERVICE FOR DENTISTS OTHER THAN SALARIED DENTISTS
18. Premises.
19. Records.
20. Fees and remuneration.
21. Use of dental estimate form.
22. Drugs.
23. Deputies and assistants.
24. Revision of terms of service.
25. Fair wages for dental technicians.
PART III
ADDITIONAL TERMS OF SERVICE FOR SALARIED DENTISTS
26. Attendance.
27. General anaesthetics.
28. Records.
29. Patients' charges.
30. Drugs.
31. Termination of services.
SCHEDULE 2. Provisions conferring powers exercised in making these regulations.
SCHEDULE 3. Regulations revoked.
The Secretary of State for Social Services(a) in exercise of the powers conferred by the provisions set out in Column 1 of Schedule 2 to these regulations as amended by the provisions set out in Column 2 of the said Schedule and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the National Health Service (General Dental Services) Regulations 1973, and shall come into operation on 1st October 1973.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires:—
"the Act" means the National Health Service Act 1946(b);
"area" means in relation to a Council the area for which the Council is constituted;
"assistant" means any dentist employed either whole-time or part-time under a contract of service by another dentist for the purpose of providing general dental services on behalf of that dentist;
"the Board" means the Dental Estimates Board constituted under Part III of these regulations;
"chemist" means a registered pharmaceutical chemist who provides pharmaceutical services or an authorised seller of poisons within the meaning of the Pharmacy and Poisons Act 1933(c) who provides such services;
(a) For transfer of functions from the Minister of Health to the Secretary of State, see S.I. 1968/1699 (1968 III, p. 4585).
(b) 1946 c. 81.
(c) 1933 c. 25.
"Council" means Executive Council;
"dental estimate form" means, where any treatment in respect of which the form is required is occasional treatment, the occasional estimate form set out in Determination VI of the Statement of Dental Remuneration or a form to the like effect and, in any other case, the dental estimate form set out in that Determination or a form to the like effect;
"dental fitness" means such a reasonable standard of dental efficiency and oral health as is necessary to safeguard general health, and "dentally fit" has a corresponding meaning;
"dental officer" means a dentist in the service of the Department of Health and Social Security, or of the Welsh Office, as the case may be;
"dentist" means a registered dental practitioner;
"deputy" means a dentist (including a partner) acting on behalf of another dentist, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;
"doctor" means a fully registered medical practitioner;
"Drug Tariff" means the statement prepared by the Secretary of State under regulation 26 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1972(a);
"emergency treatment" means any treatment immediately required for the relief of pain or other urgent symptoms;
"enactment" includes a provision in a statutory instrument;
"estimate" means a dental estimate form duly completed in the manner provided by these regulations and in accordance with instructions for the completion of such form setting out a course of treatment for a patient;
"health centre" means premises provided by a local health authority in accordance with the provisions of section 21 of the Act;
"listed drugs" means such drugs and medicines as are included in a list for the time being approved by the Secretary of State for the purposes of section 38 of the Act as amended by section 23 of the Health Services and Public Health Act 1968(b);
"occasional treatment" means such treatment as is mentioned in Schedule 1 Part I paragraph 10 to these regulations;
"patient" means a person for whom a dentist agrees to provide general dental services;
"salaried dentist" means a dentist who is remunerated in accordance with Determination IV of the Statement of Dental Remuneration;
"Scale of Fees" means the scale of fees set out in Determination I of the Statement of Dental Remuneration;
"Statement of Dental Remuneration" means the Statement published by the Secretary of State pursuant to the provisions of regulation 23;
"supply" in relation to an appliance includes replacement;
"terms of service" means the provisions of Schedule 1 to these regulations as applicable by virtue of the provisions of regulation 3;
"treatment" means all proper and necessary dental treatment which a dentist usually undertakes for a patient, including examination and advice, the making of reports for the purposes of these regulations, the obtaining of radiographs, scaling, treatment of gums, fillings, extractions, crowning,
(a) S.I. 1972/1602 (1972 III, p. 4656).
(b) 1968 c. 46.
provision of dentures and their repair and remaking, the administration of anaesthetics in connection with any such treatment, and the giving of orders on the appropriate form for drugs or the supply of drugs in accordance with these regulations.
(2) Unless the context otherwise requires, references in these regulations to any enactment shall be construed as references to that enactment as amended or re-enacted by any subsequent enactment.
(3) References in any other regulations to the regulations revoked by these regulations or to any provision thereof shall be construed as references to these regulations or to the corresponding provisions thereof, as the case may be.
(4) Unless the context otherwise requires, any references in these regulations to a numbered regulation is a reference to the regulation bearing that number in these regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
PART II
GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES
Terms of service
3. The arrangements which a Council is required by section 40 of the Act to make with dentists for the provision of general dental services shall incorporate—
(a) in the case of a dentist undertaking to provide general dental services otherwise than as a salaried dentist, the terms of service contained in Schedule 1 Parts I and II to these regulations; and
(b) in the case of a dentist undertaking to provide general dental services as a salaried dentist, the terms of service contained in Schedule 1 Parts I and III to these regulations:
Provided that a dentist whose application to a Council to provide general dental services at a health centre otherwise than as a salaried dentist has been refused may appeal to the Secretary of State and the Council shall give effect to any decision of the Secretary of State on that appeal.
Dental list
4.—(1) The Council shall prepare a list, to be called "the dental list", which shall contain—
(a) the names of the dentists who, pursuant to the provisions of paragraph (2) have undertaken to provide general dental services in its area,
(b) the address of any surgery or health centre at which the dentist undertakes to provide general dental services,
(a) 1889 c. 63.
(c) particulars of the days and hours at which he is or will be usually in attendance,
(d) where two or more dentists practise in partnership, the names of the partners,
and which may, if the Council thinks fit, be so arranged as to show the part of the area in which each dentist will provide treatment.
(2) A dentist who wishes to be included in the dental list shall apply to the Council in the application form set out in Determination VI of the...
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