National Health Service (General Dental Services) Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/661 |
| Year | 1992 |
1992 No. 661
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Health Service (General Dental Services) Regulations 1992
Made 10th March 1992
Laid before Parliament 11th March 1992
Coming into force 1st April 1992
The Secretary of State for Health, in exercise of powers conferred by sections 15(1)(b), 35(1) and (4), 36(1) and (3), 37(1)(a), (1A) and (1C), 43(1), 50 and 126(4) of the National Health Service Act 19771and 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 1992 and shall come into force on 1st April 1992.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the National Health Service Act 19771;
“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 other dentist;
“associateship agreement” means an agreement between dentists practising as principals—
(a) to which there are two parties, not being partners of each other, and
(b) whereby one party is liable to provide, for financial consideration, the use of some or all premises and of some or all facilities for the provision of general dental services by the other party;
“the Board” means the Dental Practice Board;
“capitation arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 5 of Schedule 1;
“care and treatment” means—
(a) all proper and necessary care which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment and preventive care, and
(b) treatment;
“continuing care arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 4 of Schedule 1;
“dental officer” means a dentist in the service of the Board, or of the Welsh Office, as the case may be;
“dental surgery” means any part of the practice premises where care and treatment is provided;
“dentist” means a registered dental practitioner;
“deputy” means a dentist 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 registered medical practitioner;
“Drug Tariff” means the statement prepared by the Secretary of State under regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 19922;
“an emergency” means the circumstances set out in paragraph 6(2) of Schedule 1 in which a patient requires prompt care and treatment;
“emergency dental services” means treatment which is provided pursuant to arrangements made under regulation 14;
“estimate” means a form supplied by an FHSA, completed by the dentist and submitted to the Board in accordance with paragraph 26 of Schedule 1 for the purpose of obtaining prior approval under that paragraph;
“FHSA” means a Family Health Services Authority3;
“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 41 of the Act4;
“Local Dental Committee”, “Local Medical Committee” and “Local Pharmaceuti cal Committee” mean the committees of those names which are recognised by the FHSA in relation to its locality under section 44 of the Act5;
“locality” means the locality for which an FHSA is established;
“mobile surgery” means any vehicle in which care and treatment is provided;
“NHS charge” means the charge, authorised under the National Health Service (Dental Charges) Regulations 19896, to the patient within the meaning of those Regulations;
“occasional treatment” means such treatment as is mentioned in paragraph 17 of Schedule 1;
“oral health” means such a standard of health of the teeth, their supporting structures and other tissues of the mouth, and of dental efficiency, as in the case of any patient is reasonable having regard to the need to safeguard his general health;
“patient” means a person for whom a dentist agrees to provide general dental services;
“patient record” means a form supplied by an FHSA for the purpose of maintaining a record of treatment;
“practice premises” means in relation to any dentist, any premises at which he provides general dental services, or any mobile surgery of his;
“practice record form” means a form supplied by an FHSA and completed in accordance with paragraph 27 of Schedule 1 for the purpose of obtaining general dental services in circumstances where the dentist intends to use a computer to send an estimate to the Board;
“prior approval treatment” means any item of treatment referred to in Part I of Schedule 4 or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;
“private”, in the context of care and treatment, means otherwise than under general dental services or Part I of the Act, and “privately” shall be construed accordingly;
“salaried dentist” means a dentist employed by an FHSA who undertakes to provide general dental services at a health centre;
“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 19;
“supply”, in relation to an appliance, includes replacement;
“terms of service” means the terms of service contained, or referred to, in Schedule 1;
“trauma” means damage to teeth, gingival tissues or alveoli caused by a force arising outside the mouth, resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;
“treatment” means all proper and necessary dental treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, preventive treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances, orthodontic treatment and the taking of radiographs and the provision of general anaesthesia and sedation in connection with such treatment and the supply of listed drugs and the issue of prescriptions in accordance with paragraphs 22 and 23 of Schedule 1; and
“treatment on referral” means any care and treatment provided by a dentist under paragraph 13 of Schedule 1.
(2) In these Regulations, unless the context otherwise requires—
(a)
(a) any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations;
(b)
(b) any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation;
(c)
(c) any reference in a regulation to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number; and
(d)
(d) any reference to a form supplied by an FHSA includes a reference to a form which, though not supplied by the FHSA, is in all material respects the same as a form which is supplied by that FHSA in its locality.
PART II
GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES
Terms of service
3. The arrangements with dentists for the provision of general dental services which it is the duty of an FHSA under section 35 of the Act to make, and under section 15(1)(a) of the Act to administer, shall incorporate—
(a) in the case of a dentist undertaking to provide general dental services (other than emergency dental services), otherwise than as a salaried dentist, the terms of service contained in Parts I, II, III, IV and V of Schedule 1;
(b) in the case of a dentist undertaking to provide general dental services (other than emergency dental services), as a salaried dentist, the terms of service contained in Parts I, II, III, IV and VI of Schedule 1;
(c) in the case of the provision of emergency dental services by a dentist undertaking to provide emergency dental services, the terms of service contained in Parts I and III, paragraphs 19, 20, 21, 22, 23 and 25 of Part IV and paragraphs 39, 40, 41 and 42 of Part VI of Schedule 1.
Dental list
4.—(1) An FHSA shall prepare a list, to be called the dental list, of dentists who, pursuant to the provisions of regulation 5, have undertaken to provide general dental services in its locality and who are not disqualified for inclusion by virtue of the provisions of—
(a)
(a) section 36(2), 47(1) or 48(b) of the Act; or
(b)
(b) section 8(2) of the Health and Medicines Act 19887; or
(c)
(c) regulation 7 (restrictions on the right to be included in a dental list).
(2) The dental list shall, in addition to containing the name of a dentist,—
(a)
(a) contain—
(i) the addresses of all his practice premises and, where he provides general dental services at a mobile surgery only, the address at which correspon dence in connection with such provision may be sent to him;
(ii) particulars of the days and hours when he is or will usually be in attendance at the practice premises for the provision of general dental services and, in the case of any mobile surgery, particulars of the places visited regularly by him and the times of those visits;
(iii) the name of any other dentist in association with whom he provides general dental services at his practice premises;
(iv) the date of his registration as a dental practitioner in the register kept under section 14 of the Dentists Act 19848, particulars of the dental qualifica tion which entitled him to be so registered, including the date on which the qualification was awarded, and particulars of any other...
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