The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2019

Document Number:2019 No. 174
Coming into force:Coming into force on the 01/07/2019
 
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Scottish Statutory Instruments

National Health Service

Made

16 th May 2019

Laid before the Scottish Parliament

20 th May 2019

Coming into force

1 st July 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5) , 25(1) , (2) and (2 A) , 28 A(4) and 105(7) , of the National Health Service (Scotland) Act 1978(1) , and all other powers enabling them to do so.

Citation and commencement

  1. These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment Regulations 2019 and come into force on 1 July 2019.

    Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 2010

  2. The National Health Service (General Dental Services) (Scotland) Regulations 2010(2) are amended in accordance with regulations 3 to 22.

  3. In regulation 2(1) (interpretation)—

    (a) after the definition of “area dental committee” insert—

    ““assign” means, in relation to a care home, to allocate responsibility for providing enhanced skills in domiciliary care, “assigned” is to be construed accordingly;”,

    (b) after the definition of “care and treatment” insert—

    ““care home” means accommodation occupied mainly or exclusively by individuals aged 16 or over which is provided by an organisation carrying on a care home service within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010(3);

    “care home resident” means a person whose place of residence is a care home;

    “Certificate of Completion of Enhanced Skills Training (Domiciliary Care)” means a certificate issued by NHS Education For Scotland to a dentist following completion of enhanced training and mentoring in domiciliary care by that dentist;”,

    (c) after the definition of “corresponding decision” insert—

    ““cross-border dentist” means a domiciliary care dentist who does not provide general dental services from practice premises in the area, but has undertaken to only provide enhanced skills in domiciliary care in the area;”,

    (d) after “deputy” insert—

    ““designation procedure” means the procedure for requesting to become, and being designated as, a domiciliary care dentist set out in schedule B1;”,

    (e) after “disqualification” insert—

    ““domiciliary care dentist” means a dentist—

    whose name appears on sub-part A of the first part of the dental list;

    who has received a Certificate of Completion of Enhanced Skills Training (Domiciliary Care); and

    whose information on the Health Board’s dental list indicates that they have been designated under paragraph 4 of schedule B1;”,

    (f) after “enhanced criminal record certificate” insert—

    ““enhanced skills in domiciliary care” means general dental services provided to a care home resident in a care home by a domiciliary care dentist;

    “enhanced training and mentoring in domiciliary care” means a programme of training and mentoring delivered by NHS Education for Scotland and a Health Board which includes the training and mentoring described in paragraph 3 of schedule B1;”,

    (g) after “health centre” insert—

    ““in-hours period” means the period beginning with 0800 hours and ending with 1800 hours on any working day;”,

    (h) in the definition of “practice premises” at the end insert “excluding any place which is a care home”,

    (i) after “vocational training number” insert—

    “; and

    “working day” means any day apart from a Saturday, Sunday, Christmas Day, New Year’s Day and any other public or local holiday.”.

  4. In regulation 3 (terms of service)—

    (a) omit “and” at the end of paragraph (1)(c) ,

    (b) after paragraph (1)(d) insert—

    “; and

    (e) in the case of a contractor (other than a salaried dentist) undertaking to provide general dental services as a domiciliary care dentist, the terms of service contained in Parts I, II, III, IV, V and VII of schedule 1.”,

    (c) at the beginning of paragraph (3) insert “Subject to paragraph (4) ,”,

    (d) after paragraph (3) insert—

    “(4) The following are not special arrangements for the purposes of paragraph (3)—

    (a) designating a dentist as a domiciliary care dentist under paragraph 4 of schedule B1; or

    (b) assigning a domiciliary care dentist to a care home under paragraph 5 of schedule B1 or paragraph 55 of schedule 1.”.

  5. In regulation 4(4) (dental list)—

    (a) after sub-paragraph (b) insert—

    “(ba) in the case of a cross-border dentist, the address to which correspondence in connection with the general dental services they provide in the area should be sent;”,

    (b) after sub-paragraph (c) insert—

    “(ca) in the case of a domiciliary care dentist, the address of any care homes regularly visited by that dentist;”,

    (c) after sub-paragraph (f) insert—

    “(fa) in the case of a dentist, whether the dentist is a domiciliary care dentist in respect of the area;”,

    (d) after sub-paragraph (g) insert—

    “(ga) whether a person named on the dental list provides only enhanced skills in domiciliary care in the area;”.

  6. In regulation 5 (application for inclusion in the dental list and notification of changes)—

    (a) omit “and” at the end of paragraph (3)(e) ,

    (b) after paragraph (3)(f) insert—

    “; and

    (g) in the case of an application which includes a request to be designated as a domiciliary care dentist, decide upon that request in accordance with the designation procedure.”,

    (c) at the beginning of paragraph (10) insert “Subject to paragraphs (10 A) and (10 B) ,”,

    (d) after paragraph (10) insert—

    “(10 A) Where an application—

    (a) includes with it a request to be designated as a domiciliary care dentist in an area; and

    (b) the applicant does not propose to provide general dental services from practice premises in that area,

    the Health Board for that area must not add the applicant to its dental list before the Health Board has decided that request in accordance with the designation procedure.

    (10 B) Where an application—

    (a) includes with it a request to be designated as a domiciliary care dentist in an area; and

    (b) the applicant proposes to provide general dental services from practice premises in that area,

    the Health Board for that area may add the name of the dentist to its dental list, but must not designate the dentist as a domiciliary care dentist, before the Health Board has decided that request in accordance with the designation procedure.”.

  7. After regulation 5 A (mandatory training) insert—

    “Enhanced Skills in Domiciliary Care

    5 B. Schedule B1 has effect.”.

  8. In regulation 6(3) (general provision relating to the dental list) , after sub-paragraph (e) insert—

    “(f) a dentist may not provide general dental services (except insofar as those services are limited to enhanced skills in domiciliary care) where that dentist has indicated in their application that they will only provide enhanced skills in domiciliary care as a cross-border dentist.”.

  9. In regulation 7 (grounds for refusal of application)—

    (a) after sub-paragraph (1)(r) insert—

    “(s) subject to paragraph (1 A) , in the case of an application by a dentist who indicates that they will only provide enhanced skills in domiciliary care in the area and the dentist is not designated as a domiciliary care dentist in the area.”,

    (b) after paragraph (1) insert—

    “(1 A) Where the applicant has made a request to be designated as a domiciliary care dentist in the area and that request is outstanding, the Health Board must not refuse an application on the ground specified in paragraph (1)(s).”.

  10. In regulation 8 (deferment of a decision on application)—

    (a) after paragraph (2) insert—

    “(2 A) A Health Board may defer a decision on any application to be included in its dental list as a cross-border dentist until the Health Board has reached a decision in accordance with the designation procedure.”,

    (b) after paragraph (5) insert—

    “(5 A) Where the Health Board has deferred an application on the ground mentioned in paragraph (2 A) , as soon as possible after the Health Board has made its decision in accordance with the designation procedure, the Health Board must—

    (a) make its decision on the deferred application; and

    (b) notify the dentist of its decision and the grounds for it.”.

  11. In regulation 12 (removal from dental list)—

    (a) after paragraph (3) insert—

    “(3 A) A Health Board must remove the name of a dentist from the dental list and notify the dentist as soon as practicable of the removal and its reasons for doing so, if—

    (a) the dentist is listed by the Health Board as a cross-border dentist; and

    (b) the designation of that dentist as a domiciliary care dentist is removed in accordance with regulation 12 A.

    (3 B) A Health Board must remove the name of a dentist from the dental list and notify the dentist that it has done so if—

    (a) the dentist is listed by the Health Board as a cross-border dentist;

    (b) the dentist has requested to have their designation removed in accordance with paragraph 54 of schedule 1; and

    (c) the Health Board has granted that request.”,

    (b) After paragraph (6)(b) insert—

    “(ba) the dentist was on statutory shared parental leave;”.

  12. After regulation 12 insert—

    “Removal of domiciliary care designation

    12 A.—(1) Where a Health Board has determined that a domiciliary care dentist has not provided general dental services in a care home for the preceding 6 months, the Health Board may amend the dental list to remove that dentist’s designation as a domiciliary care dentist.

    (2) Before removing a dentist’s designation under paragraph (1) the Health Board must—

    (a) give the dentist 28 days’ notice of its intention to do so; and

    (b) afford the dentist an opportunity to make representations to the Health Board in writing or in person.

    (3) In calculating the period of 6 months referred to in paragraph (1) , the Health Board must disregard any period during which—

    (a) the dentist was performing relevant service;

    (b) the dentist was on statutory...

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