General Dental Services Regulations (Northern Ireland) 1993

• (q) taking of radiographs in connection with the items of treatment specified in heads (a) to (k) and (n);

• (r) issuing a prescription in connection with the items of treatment specified in heads (a) to (n).

• (3) Where a patient has entered into a continuing care arrangement or a capitation arrangement with a dentist, another dentist who is not acting on behalf of that dentist may provide (in addition to the items of treatment specified in sub-paragraph (2)) as occasional treatment to that patient the following items of treatment—

• (a) permanent fillings to not more than 2 retained deciduous teeth or permanent teeth;

• (b) root fillings to not more than 2 permanent teeth;

• (c) replacement of a denture or temporary bridge where the original is lost or damaged beyond repair, or provision of a new denture where it is needed because of trauma or extraction;

• (d) where the patient is under the age of 18, conservation of not more than 2 decidous teeth; and

• (e) provision of sedation and taking of radiographs in connection with the items of treatment specified in heads (a), (b) and (d).

• (4) If, owing to any cause beyond his control, the dentist is unable to complete any occasional treatment which has been commenced, he shall forthwith notify the Agency in writing of the extent of the occasional treatment provided and of the reason for his inability to complete the remainder.

Referral for occasional treatment

18

• (1) Where a patient requires any occasional treatment and the dentist does not have the necessary facilities, experience or expertise to provide that occasional treatment, he shall, if the patient agrees, refer him in accordance with sub-paragraph (2) for the provision of that occasional treatment by another dentist under general dental services or by a hospital or other service provided under Part II of the Order.

• (2) In referring a patient under sub-paragraph (1) to another dentist or to a hospital or other service for that occasional treatment, the dentist shall—

• (a) give details of the oral condition of the patient and the reason for the referral to that other dentist or, as the case may be, that hospital or other service, either at the time of referral or as soon as practicable afterwards;

• (b) include with those details a statement of the amount paid to him by the patient under the Dental Charges Regulations in respect of any occasional treatment already provided in the course of the occasional treatment during which the referral is made; and

• (c) indicate in his claim for remuneration in respect of that course of occasional treatment that the patient has been referred for the required occasional treatment.

• (3) A dentist who accepts a patient referred to him under sub-paragraph (1) shall provide only the occasional treatment which, in the opinion of the dentist, it is necessary for him to provide having regard to the reason for referral.

PART IV — ADDITIONAL TERMS OF SERVICE FOR ALL DENTISTS

Remuneration

19

Except as otherwise provided in the Regulations (including the terms of service) or the Dental Charges Regulations, a dentist shall not claim or accept the payment of any fee or other remuneration in respect of any treatment—

• (a) which he has provided under general dental services; or

• (b) which has not been provided or for which another claim has already-been submitted to the Agency.

Standards of care

20

• (1) In providing general dental services, a dentist shall—

• (a) employ a proper degree of skill and attention;

• (b) save as is provided in paragraphs 12, 18, 21, 29, 35 and 38, give all treatment personally;

• (c) use only materials which are suitable for the purpose for which they are used;

• (d) except in the case of occasional treatment and treatment on referral, provide, subject to sub-paragraph (2), care and treatment, to such extent, and at such intervals, as may be necessary to secure and maintain the oral health of the patient.

• (2) When providing general dental services a dentist shall not provide care and treatment in excess of that which is necessary to secure and maintain oral health.

General anaesthesia and sedation

21

• (1) Where a dentist undertakes, in the course of providing general dental services, any procedure for which general anaesthesia of the patient is necessary, he shall arrange—

• (a) for a doctor or another dentist experienced in the administration of general anaesthesia to administer the general anaesthetic and to remain with the patient throughout the procedure and until the return of the patient's protective reflexes; and

• (b) for another person with suitable training and experience to remain with the patient until the recovery phase is complete.

• (2) Where a dentist undertakes, in the course of providing general dental services, any procedure for which sedation of the patient is necessary he shall remain with the patient, and arrange for another person with suitable training and experience to remain with the patient, throughout the procedure.

• (3) In this paragraph “a person with suitable training and experience” means a person who has received such training and experience as to be capable of assisting the dentist in monitoring the clinical condition of the patient and in the event of an emergency.

Supply of drugs

22

• (1) A dentist may supply to a patient such listed drugs as are required for immediate use before a supply can otherwise be obtained under paragraph 23.

• (2) A dentist may personally administer to a patient any drug required for the treatment of that patient.

Issue of prescription forms

23

• (1) A dentist shall order such listed drugs (other than those supplied under paragraph 22) as are needed for the treatment of any patient for whom he is providing general dental services by issuing to the patient a prescription form.

• (2) The prescription form—

• (a) shall be signed by the dentist;

• (b) shall not refer to any previous prescription; and

• (c) shall not be issued to persons other than patients;

and a separate prescription form shall be issued for each patient.

Domiciliary visits

24

A dentist shall visit and treat a patient whose condition so requires at the place at which the patient normally resides or is temporarily resident provided that such place is not more than 5 miles from his practice premises, or in the case of a dentist who provides general dental services at a mobile surgery only, from any of the places regularly visited by him.

Records

25

• (1) A dentist shall keep a record in respect of—

• (a) the care and treatment given to each patient under a continuing care arrangement or a capitation arrangement and the fact of referral under such an arrangement under paragraph 12;

• (b) treatment on referral; or

• (c) occasional treatment,

in the patient record and shall include with that record details of any private care and treatment (to the extent that it is provided with care and treatment under general dental services for the purpose of securing and maintaining oral health), any practice record form and all radio graphs, photographs and study models (being models in respect of orthodontic treatment) taken or obtained by him as part of the care and treatment under a continuing care arrangement or a capitation arrangement or treatment on referral or occasional treatment.

• (2) The records, radiographs, photographs and study models referred to in sub-paragraph (1) shall be retained for a period of 2 years after completion of any course of care and treatment under a continuing care arrangement or a capitation arrangement or treatment on referral or occasional treatment to which they relate.

• (3) The dentist shall, during the period in which he holds any records, radiographs, photographs and study models referred to in sub-paragraph (1), produce them to a referral dental officer or send them to the Committee or the Agency within 14 days of being required to do so by a referral dental officer, the Committee or the Agency.

• (4) A dentist may keep the records (other than the practice record form) referred to in sub-paragraph (1) in computerised form.

• (5) Nothing in sub-paragraph (1) shall be taken as removing any rights of property which the dentist may have in relation to the records, radiographs, photographs and study models referred to in that sub-paragraph.

Prior approval of treatment

26

• (1) Subject to sub-paragraphs (6), (7) and (10), where care and treatment is or includes prior approval treatment, the dentist—

• (a) shall submit, without unreasonable delay, to the Committee for approval an estimate of the whole of the care and treatment, including details of any part of that care and treatment to be provided privately; and

• (b) otherwise than in an emergency, shall not, until he receives approval from the Committee, proceed—

• (i) where prior approval is required by virtue of Part I of Schedule 5, with any item of treatment referred to in that Part, or

• (ii) where prior approval is required by virtue of Part II of Schedule 5, with any care and treatment mentioned in the estimate.

• (2) Subject to sub-paragraphs (6), (7) and (10), where in the course of providing any care and treatment to which, at its outset, sub-paragraph (1) does not apply, a dentist is of the opinion that a variation of or addition to such care and treatment is necessary, and by reason of the variation or addition the care and treatment includes or becomes prior approval treatment, the dentist—

• (a) shall submit, without unreasonable delay, to the Committee for approval an estimate of the whole of the care and treatment (including that which the dentist has commenced) together with details of any part of that care and treatment provided or to be provided privately; and

• (b) otherwise than in an emergency, shall not, until he receives approval from the Committee, proceed—

• (i) where prior approval is required by virtue of Part I of Schedule 5, with any item of treatment referred to in that Part, or

• (ii) where prior approval is required by virtue of Part II of Schedule 5, with any care and treatment mentioned in the estimate.

• (3) Subject to sub-paragraphs (6), (7) and (10), where a dentist has obtained approval from the Committee required by sub-paragraph (1) because the care and treatment is or includes an item of treatment referred to in Part I of Schedule 5, and in the opinion of the dentist a variation of or addition to such care and treatment is necessary, which variation or addition—

• (a) is or includes an item of treatment referred to in Part I of Schedule 5; or

• (b) has the effect that the care and treatment then falls within Part II of Schedule 5,

the dentist shall re-submit, without unreasonable delay, the estimate to the Committee for approval, including details of any part of that care and treatment provided or to be provided privately.

• (4) Subject to sub-paragraphs (6), (7) and (10), where a dentist has obtained approval from the Committee in accordance with sub-paragraph (1) because prior approval is required by virtue of Part II of Schedule 5 and in the opinion of the dentist a variation of or addition to such care and treatment is necessary, the dentist shall re-submit, without unreasonable delay, the estimate to the Committee for approval together with details of any part of that care and treatment provided or to be provided privately.

• (5) Where the Committee receives an estimate under sub-paragraphs (3) or (4) it may withdraw or vary its original approval in so far as the care and treatment has not yet been carried out in accordance with such approval, or add to its original approval, and, otherwise than in an emergency, the dentist shall not, until he receives approval from the Committee, proceed—

• (a) in any case falling within sub-paragraph (3)(a), with any item of treatment referred to in Part I of Schedule 5; or

• (b) in any other case, with any of the care and treatment mentioned in the estimate.

• (6) Sub-paragraphs (1), (2), (3) and (4) shall not apply where the care and treatment to be provided under a capitation arrangement is care and treatment for which the dentist is remunerated in accordance with Section X (treatment under capitation) of Determination I of the Statement of Dental Remuneration for which he receives no remuneration other than a capitation payment.

• (7) The dentist may proceed immediately with the care and treatment of merchant seamen, deep sea fishermen, or oil rig workers, about to go to sea for a period in excess of 4 weeks, or persons about to go abroad for a period in excess of 4 weeks, and in such event shall send an estimate to the Committee for approval within 7 days of the commencement of the care and treatment.

• (8) Where, in consequence of any proceedings under the Services Committee Regulations in respect of general dental services provided in the area of any Board, a dentist is required for any period to submit all estimates to the Committee for approval, in respect of all treatment or any specified description of treatment, the dentist—

• (a) shall submit, without unreasonable delay, all such estimates (whether relating to treatment to be provided in that or any other area) to the Committee for approval; and

• (b) shall not proceed with such treatment until he receives approval from the Committee, except that he may in the course of any single consultation, proceed with treatment consisting of one examination and the taking of no more than 2 small radiographs, each of a size not exceeding 16 square centimetres, or treatment in an emergency.

• (9) Where in consequence of a direction given by the Committee under regulation 32 a dentist is directed, for any period, to submit all estimates to the Committee for approval in respect of treatment or a description of treatment specified in the direction, the dentist—

• (a) shall submit, without unreasonable delay, all such estimates (relating to treatment in the area of any Board) to the Committee for approval; and

• (b) shall not proceed with such treatment until he receives approval from the Committee, except that he may in the course of any single consultation, proceed with treatment consisting of one examination and the taking of no more than 2 small radiographs, each of a size not exceeding 16 square centimetres, or treatment following trauma or in an emergency.

• (10) Nothing in this paragraph shall prevent a dentist carrying out any care and treatment privately.

Completion of an estimate

27

• (1) Subject to sub-paragraphs (2), (3) and (4), when submitting an estimate to the Committee for approval in accordance with paragraph 26(1), (2), (3), (4), (8) or (9), a dentist shall in all cases, in addition to the information specified in those paragraphs, provide to the Committee the following information—

• (a) his name and address and the number by which his arrangement with the Agency is identified;

• (b) the patient's name and address, sex, date of birth and health service number as shown on the patient's medical card; and

• (c) details of the care and treatment proposed and the reasons why the dentist considers such care and treatment is necessary.

• (2) Subject to sub-paragraph (3), a dentist who is required as mentioned in sub-paragraph (1) to send an estimate to the Committee may, by arrangement with the Agency use a computer to send that estimate to the Committee.

• (3) Sub-paragraph (2) shall not apply to any estimate in respect of orthodontic care and treatment.

• (4) A dentist who, in accordance with sub-paragraph (2), uses a computer to send an estimate—

• (a) shall at the appropriate time secure the completion, so far as applicable, by the patient or by any person acting on behalf of the patient, of the practice record form;

• (b) shall use only such a computer programme as the Agency has approved as suitable for the purpose; and

• (c) shall include with that estimate—

• (i) all the information specified in sub-paragraph (1)(a), (b) and (c) except his name and address, and

• (ii) the personal identification number allocated to him by the Agency for that purpose.

Completion of care and treatment under a continuing care arrangement or a capitation arrangement or treatment on referral

28

• (1) Subject to sub-paragraphs (2) and (4), the dentist shall complete within a reasonable time any course of care and treatment under a continuing care arrangement or a capitation arrangement or treatment on referral.

• (2) Where the dentist and the patient agree that the patient requires dentures, or new dentures, in consequence of treatment provided by that dentist involving the extraction of one or more teeth, the dentist shall provide such dentures within 12 months of the date of the relevant extraction or, as the case may be, the later or last such extraction.

• (3) In so far as any treatment relates to the provision of dentures, it shall not be regarded as completed unless the dentures have been delivered to, and remain in the possession of, the patient.

• (4) A dentist shall not be regarded as having failed to comply with sub-paragraphs (1) and (2) by reason of any delay in completing treatment where the Committee is satisfied that the delay is due to the failure of the patient to attend for treatment or that there is some other sufficient reason for the delay.

• (5) Where a dentist—

• (a) has been notified that a patient has been requested to submit himself for examination by a dental officer or referral dental officer; and

• (b) has not been notified that the examination has been carried out or cancelled,

he shall not, otherwise than in an emergency, provide any care and treatment to that patient and shall take all reasonable steps to facilitate the examination.

• (6) Where a dentist—

• (a) has been notified that the Services Committee set up under the Services Committee Regulations will investigate a complaint or reference relating to the provision of general dental services by him to a patient; and

• (b) has not been notified—

• (i) that the investigation has been completed, or

• (ii) that the Services Committee has no objection,

he shall not, otherwise than in an emergency, provide any care and treatment to that patient and shall take all reasonable steps to facilitate the investigation.

• (7) Nothing in this paragraph shall prevent a dentist carrying out any care and treatment privately.

Dental auxiliaries

29

A dentist may in the provision of general dental services arrange for care and treatment to be given in accordance with the provisions of regulations having effect under section 45 of the Dentists Act[^f00026] by a dental auxiliary to whom those regulations apply, and shall ensure that such care and treatment is properly completed.

Postgraduate education

30

A dentist shall in the provision of general dental services take reasonable steps to develop professional knowledge and skills through activities undertaken with a view to maintaining an up-to-date knowledge of dental science and practice.

Notices

31

A dentist shall display in a prominent position at the practice premises a notice, in a form supplied or approved by the Agency, indicating charges which are payable under general dental services and entitlement to exemption from and remission of those charges.

PART V — ADDITIONAL TERMS OF SERVICE FOR DENTISTS OTHER THAN SALARIED DENTISTS

Patient information leaflets

32

• (1) A dentist shall compile and make available, to the Board (if it requires one) and to any person who may reasonably require one, a document about the provision of general dental services at his practice premises (in this paragraph called a “patient information leaflet”) which shall include the information specified in Schedule 6.

• (2) A dentist shall make any amendments to his patient information leaflet which he considers to be necessary to maintain its accuracy.

• (3) A dentist who practises in partnership or under an associateship agreement with other dentists whose names are included in the dental list shall satisfy the requirements of this paragraph if he makes available a patient information leaflet, compiled and, where appropriate, amended in accordance with sub-paragraphs (1) and (2), which relates to the partnership or associateship as a whole.

Premises etc

33

• (1) Unless he provides general dental services from a mobile surgery only, a dentist shall provide proper and sufficient dental surgery and waiting-room accommodation for his patients.

• (2) A dentist who provides general dental services at a mobile surgery shall provide proper and sufficient mobile surgery and waiting-room accommodation.

• (3) A dental surgery and a mobile surgery shall be furnished with suitable equipment and a dentist shall provide treatment with suitable instruments.

• (4) A dentist, on receipt of reasonable notice in writing, shall at all reasonable times admit a dental officer, referral dental officer, or a person authorised by the Board for the purpose of inspecting any dental surgery, mobile surgery or waiting-room under the dentist's control.

Remuneration

34

The provisions of paragraph 19 shall not have effect in relation to any claim made by a dentist in respect of loss of remuneration resulting from the failure of a patient to keep an appointment for general dental services.

Deputies and assistants

35

• (1) Where a dentist is prevented from providing care and treatment by reason of temporary absence through illness or other reasonable cause, such care and treatment may be given by a deputy or assistant.

• (2) In the case of 2 or more dentists practising in partnership or as a principal and assistant, care and treatment may at any time be given by a partner or an assistant of the dentist who is responsible for the patient's care and treatment, if reasonable steps are taken to secure continuity of care and treatment.

• (3) A dentist shall not employ more than 2 assistants at any one time for the provision of general dental services without the consent of the Board, or on appeal the Department.

• (4) Before giving any consent under sub-paragraph (3) the Board shall consult the Local Dental Committee, and any consent given under that sub-paragraph shall be reviewed by the Board in consultation with the Local Dental Committee at least once a year and may be confirmed or withdrawn by the Board.

• (5) A dentist shall—

• (a) notify the Board of the employment of an assistant within 7 days of the first day of such employment;

• (b) forward to the Board such particulars concerning the assistant as the Board may reasonably require; and

• (c) on ceasing to employ an assistant, notify the Board within 7 days of the cessation of that employment.

• (6) A dentist shall not employ as an assistant any dentist who has the same address in the dental list as any of his own practice premises.

• (7) Where a dentist employs an assistant who to the dentist's knowledge is subject to a requirement under paragraph 26(8) or (9) to submit estimates to the Committee for prior approval in respect of treatment, he shall not allow the assistant to carry out the treatment unless the prior approval of the Board has first been obtained.

• (8) If a dentist intends to absent himself from his practice premises for more than 28 consecutive days he shall notify the Board of—

• (a) his intended absence; and

• (b) the name and address, if different to the practice premises, of the deputy or assistant (if any) responsible for providing general dental services during his absence.

• (9) A dentist who intends to be or is absent from his practice premises for more than 2 months—

• (a) shall notify the Board in writing; and

• (b) shall not employ an assistant for any period of absence in excess of 2 months without the consent of the Board.

• (10) A dentist shall not, without the consent of the Department, employ as a deputy or assistant for the purpose of the provision of general dental services any dentist who is disqualified for inclusion in the dental list by virtue of the provisions of Article 61(2A)[^f00027] or Article 65 of, and Schedule 11[^f00028] to, the Order.

• (11) Except as provided in sub-paragraph (12), a dentist shall be responsible for all acts and omissions of any dentist acting as his deputy or assistant.

• (12) A dentist, whose name is included in the dental list, when acting as a deputy to another dentist whose name is also included in that list, shall be responsible for his own acts and omissions in relation to the obligations under these terms of service of the dentist for whom he acts as deputy and for the acts and omissions of any person employed by him or acting on his behalf.

• (13) A deputy may provide general dental services at places or at times other than those arranged by the dentist for whom he is acting, due regard being had to the convenience of patients.

36

A deputy or assistant who issues a prescription form for listed drugs under paragraph 23, shall, in addition to signing his own name on the prescription form, insert on the form the name of the dentist for whom he is acting.

37

A deputy or assistant who signs a claim for remuneration or an estimate or part thereof on behalf of the dentist for whom he is acting shall do so in his own name and, except where the person who signs is a partner whose name is included in the dental list, shall also insert the name of the dentist for whom he is acting.

Dentists suspended under section 28 or 32 of the Dentists Act 1984

38

Where a dentist's registration in the register kept under section 14 of the Dentists Act is suspended by a direction or order of the Health Committee under section 28 of that Act (health cases) or by an order under section 32 of that Act (interim suspension order), he shall secure that any dentist appointed by him to provide general dental services on his behalf during that period of suspension shall be a dentist whose name is included in the dental list.

PART VI — ADDITIONAL TERMS OF SERVICE FOR SALARIED DENTISTS

Attendance

39

• (1) A dentist shall attend at such premises (being health premises) on such days and at such hours as he may agree with the Board.

• (2) Except where paragraph 16 applies, a dentist may not, without the permission of the Board, provide at such premises any care and treatment which is not part of general dental services.

General anaesthetics

40

Where required to do so by the Board, or on behalf of the Board, the dentist shall pay to a doctor or another dentist, for the administration of general anaesthetic by virtue of arrangements made under paragraph 21, a fee not exceeding the fee in the Scale of Fees appropriate to the item of treatment provided.

Records

41

• (1) The records, radiographs, photographs and study models referred to in paragraph 25(1) shall be the property of the Board.

• (2) The dentist shall supply to the Committee or a dental officer or a referral dental officer such information with regard to the care and treatment of patients as they may request within 14 days of the date of the request.

Drugs

42

Any drugs supplied under paragraph 22 shall be obtained by the dentist in such a manner as the Board may require.

Provision of Board patient information leaflets

43

A salaried dentist shall make available to any person who may reasonably require one the Board patient information leaflet compiled, and provided to him, by the Board pursuant to regulation 16.

Termination of services

44

• (1) Subject to sub-paragraph (2), any arrangement between the Board and a salaried dentist for the provision of general dental services may be terminated by either party giving to the other 3 months' notice in writing.

• (2) If a dentist fails to comply with any of the terms of service that apply to a salaried dentist the Board may terminate the arrangement by giving him one month's notice in writing.

• (3) The Board may at any time suspend a salaried dentist from the discharge of his duties but such suspension shall not affect the right of the salaried dentist to receive remuneration during the period of suspension.

SCHEDULE 3

PART I — Information and undertaking to be included in an application for inclusion in the dental list

1

Full name.

2

Sex.

3

Date of birth.

4

Private address.

5

Date of registration as a dental practitioner in the register kept under section 14 of the Dentists Act and registration number, dental qualifications registrable under that Act and when obtained.

6

Address of proposed practice premises and in the case of any mobile surgery, the address to which correspondence may be sent.

7

Proposed days and hours of attendance and whether patients will be seen by appointment only and in the case of any mobile surgery, particulars of places to be visited regularly by the dentist and the times of those visits.

8

Undertaking to provide general dental services in the area of the Board.

9

Whether intending to practise—

• (a) as a single-handed practitioner; or

• (b) as a partner and if so the name and address of each intended partner and whether or not his name is included in the dental list; or

• (c) as an associate and if so the name and address of each intended associate and whether or not his name is included in the dental list.

10

The names of any assistants he or any person referred to in paragraph 9(b) or (c) intends to employ or already employs at the proposed practice premises.

11

Present or most recent appointment and whether any previous experience in the provision of general dental services.

12

Whether the general dental services to be provided are restricted to orthodontic treatment.

13

Whether there is access to the proposed dental surgery without the use of stairs.

PART II — Information which may be included in an application for inclusion in the dental list

Details of any languages, other than English, spoken by the dentist.

SCHEDULE 4 — Information to be provided about care and treatment under general dental services

1

Details of arrangements in an emergency.

2

Details of repairs and replacements free of charge.

3

Explanation of care and treatment to be provided.

4

Details of arrangements if the dentist with whom the patient has entered into a continuing care arrangement or a capitation arrangement is not available.

5

Details of care and treatment available under general dental services.

6

Explanation of charges for general dental services and of entitlement to exemptions from and remission of these charges.

7

Explanation of the arrangements for cancelling appointments.

8

Explanation of the importance of regular care.

9

The consequences of the termination of a continuing care arrangement or a capitation arrangement.

SCHEDULE 5 — PRIOR APPROVAL TREATMENT

PART I — ITEMS OF TREATMENT

Any item of treatment specified in Determination I of the Statement of Dental Remuneration as being an item of treatment for which the prior approval of the Committee is required.

PART II — CARE AND TREATMENT

1

A course of care and treatment under a continuing care arrangement or a capitation arrangement or any treatment on referral, the cost of which exceeds or is likely to exceed £200.

2

Any orthodontic care and treatment to be provided by that dentist, the cost of which exceeds or is likely to exceed £200.

3

A reference in this Part to the cost of care and treatment means the cost of such care and treatment calculated in accordance with the Scale of Fees, but does not include the cost of—

• (a) any care and treatment under a capitation arrangement for which the dentist is remunerated in accordance with Section X (treatment under capitation) in Determination I of the Statement of Dental Remuneration for which he receives no remuneration other than a capitation payment;

• (b) in the case of orthodontic care and treatment, fees for diagnosis, study models, retention and the extraction of any tooth for orthodontic purposes; and

• (c) any part of the care and treatment to be provided privately.

SCHEDULE 6 — Information to be included in patient information leaflets

1

The following personal and professional details of the dentist—

• (a) Name.

• (b) Sex.

• (c) Date of registration as a dental practitioner in the register kept under section 14 of the Dentists Act and details of dental qualifications registrable under that Act.

2

The following additional information about the provision of general dental services at practice premises—

• (a) The addresses of all the practice premises and, where he provides general dental services at a mobile surgery only, the address to which correspondence may be sent.

• (b) Particulars of the days and hours when the dentist is or will be usually in attendance at the practice premises, and in the case of any mobile surgery, particulars of the places visited regularly by him and the times of those visits.

• (c) The names of all dentists at the practice premises including partners, associates and assistants and details of them as specified in paragraph 1.

• (d) Whether a dental hygienist is employed at the practice premises.

• (e) Whether there is access to the dental surgery without the use of stairs.

• (f) Whether the practice premises (including the dental surgery and toilets) are accessible to wheelchairs.

• (g) Whether the dentist or any person referred to in sub-paragraph (c) provides only orthodontic treatment.

• (h) Provided the dentist consents to their inclusion, details of any languages, other than English, spoken by the dentist.

SCHEDULE 7 — Information to be included in Board patient information leaflets

1

The following personal and professional details of any salaried dentist providing general dental services at health premises—

• (a) Name.

• (b) Sex.

• (c) Date of registration as a dental practitioner in the register kept under section 14 of the Dentists Act and details of dental qualifications registrable under that Act.

2

The following additional information about the provision of general dental services at health premises—

• (a) The addresses of all the health premises within its area at which general dental services are provided.

• (b) Particulars of the days and hours when general dental services are provided at the health premises and, where a Board makes arrangements for a salaried dentist to provide general dental services at a mobile surgery, particulars of the places visited regularly by the salaried dentist and the times of those visits.

• (c) Whether a dental hygienist is employed at the health premises.

• (d) Whether there is access to the dental surgery at the health premises without the use of stairs.

• (e) Whether the health premises (including the dental surgery and toilets) is accessible to wheelchairs.

• (f) Provided the salaried dentist consents to their inclusion, details of any languages, other than English, spoken by the salaried dentist.

SCHEDULE 8 — Dental Committee

1

The Dental Committee constituted by the Agency after consulation with the Boards and such organisations as appear to it to be representative of the dental profession and such other bodies as appear to it to be concerned, shall consist of a chairman and such number of other members as the Agency thinks fit.

2

The chairman shall be appointed by the Department and shall be a dentist who is engaged in the provision of general dental services.

3

The term of office of members of the Committee shall be determined by the Agency.

4

Where the place of a member becomes vacant before the expiration of his term of office whether by death, resignation or otherwise, the vacancy shall be filled by the Agency after consultation with the organisations or bodies referred to in paragraph 1 and if necessary with the Committee and any person so appointed shall hold office for the remainder of the term of office of the former member.

5

A member of the Committee may resign his membership by giving to the Agency notice in writing.

6

Where any member of the Committee—

• (a) is absent from the meetings of the Committee for more than 6 months consecutively (except for a reason approved by the Agency);

• (b) has become bankrupt or has made a composition with his creditors; or

• (c) is convicted of an indictable offence;

the Agency shall forthwith by resolution, declare the office to be vacant and shall notify that fact in such manner as it thinks fit and thereupon the office shall become vacant.

7

Where a person who provides any dental or other professional services under the Order is a member of the Committee he may vote upon any matter which touches the interests of members of his profession (himself included) but shall not vote upon any matter touching only his individual professional interests.

8

The proceedings of the Committee shall not be invalidated by any vacancy in the membership of the Committee or by any defect in the appointment of any of its members.

9

A member of the Committee who is appointed on the nomination of a Board, shall if he is a member of that Board, cease to be a member of the Committee if he ceases to be a member of that Board.

SCHEDULE 9 — Revocations

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
Health and Personal Social Services (General Dental Services) Regulations (Northern Ireland) 1975	S.R. 1975 No. 227	The whole regulations
Health and Personal Social Services (General Dental Services) (Amendment) Regulations (Northern Ireland) 1977	S.R. 1977 No. 81	The whole regulations in so far as they have not been revoked
Health and Personal Social Services General Dental Services (Amendment) (No. 2) Regulations (Northern Ireland) 1980	S.R. 1980 No. 285	The whole regulations
Health and Personal Social Services General Dental Services (Amendment) Regulations (Northern Ireland) 1981	S.R. 1981 No. 61	The whole regulations
Health and Personal Social Services General Dental Services (Amendment) Regulations (Northern Ireland) 1985	S.R. 1985 No. 56	The whole regulations in so far as they have not been revoked
Health and Personal Social Services General Dental Services (Amendment No. 2) Regulations (Northern Ireland) 1985	S.R. 1985 No. 135	The whole regulations
Health and Personal Social Services General Dental Services (Amendment) Regulations (Northern Ireland) 1987	S.R. 1987 No. 190	The whole regulations
Health and Personal Social Services General Dental Services (Amendment No. 2) Regulations (Northern Ireland) 1987	S.R. 1987 No. 346	The whole regulations
Health and Personal Social Services General Dental Services (Amendment) Regulations (Northern Ireland) 1988	S.R. 1988 No. 53	The whole regulations
Health and Personal Social Services General Dental Services (Amendment) Regulations (Northern Ireland) 1989	S.R. 1989 No. 228	The whole regulations
Health and Personal Social Services General Dental Services (Miscellaneous Amendments) Regulations (Northern Ireland) 1990	S.R. 1990 No. 342	The whole regulations except regulations 13 and 14
Health and Personal Social Services General Dental Services (Miscellaneous Amendments) (No. 2) Regulations (Northern Ireland) 1990	S.R. 1990 No. 381	The whole regulations except regulation 3
Health and Personal Social Services General Dental Services (Amendment) Regulations (Northern Ireland) 1990	S.R.1990 No. 439	The whole regulations
Health and Personal Social Services General Dental Services (Miscellaneous Amendments) Regulations (Northern Ireland) 1991	S.R. 1991 No. 130	The whole regulations
Health and Personal Social Services General Dental Services(Amendment No. 2) Regulations (Northern Ireland) 1991	S.R. 1991 No. 277	The whole regulations
Health and Personal Social Services General Dental Services (Miscellaneous Amendments) Regulations (Northern Ireland) 1992	S.R. 1992 No. 37	The whole regulations except regulation 4
Health and Personal Social Services General Dental Services (Amendment No. 2) Regulations (Northern Ireland) 1992	S.R. 1992 No. 299	The whole regulations

Signed

Sealed with the Official Seal of the Department of Health and Social Services on 22nd July 1993.

D. A. Baker — Assistant Secretary

Sealed with the Official Seal of the Department of Finance and Personnel on 22nd July 1993.

Doreen Brown — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

EXPLANATORY NOTE

These regulations provide for the arrangements under which general dental services are provided under Part VI of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the Order”). They supersede the Health and Personal Social Services (General Dental Services) Regulations (Northern Ireland) 1975 (“the 1975 Regulations”).

The provisions made by these regulations differ from those made in the 1975 regulations in a number of respects.

The Central Services Agency shall prepare, from information supplied by the Health and Social Services Boards, each year, an updated list (' 'the dental list") of dentists providing general dental services (regulation 4(8)). Boards are to determine applications for inclusion in the dental list within 14 days, unless the dentist's proposed practice premises are to be inspected by the Board, in which case the application is to be determined within 14 days of such inspection (regulation 5(2)). Regulation 7(2) prevents the inclusion of a dentist's name in the dental list if the Board is not satisfied, following an inspection, that his proposed practice premises are of a satisfactory standard. A Board may remove a dentist's name from the dental list on the grounds that he has not for the preceding 6 months provided general dental services, but in the calculation of that period any absence because of the dentist's service in the armed forces or maternity leave or sickness is to be disregarded (regulation 8(5)). Provision is made for Boards to make arrangements with dentists to provide general dental services in urgent cases at times when general dental services are not normally available (regulation 14).

Boards are required to prepare patient information leaflets (“Board patient information leaflets”) about the provision of general dental services by salaried dentists at any health premises in their areas (regulation 16 and Schedule 7). Regulation 21 establishes a right of appeal to the Department in circumstances where a dentist is dissatisfied with a decision of the Central Services Agency with regard to fees payable to him. The Regulations provide for payments to dentists during periods where their registration is suspended under the Dentists Act 1984 (by an interim suspension order or a direction of the Health Committee) and specifies the amounts payable to them (regulation 27). Regulation 33 introduces revised procedures for handling appeals against decisions of the Dental Committee. Provision is also made for the Central Services Agency or a Board to conduct or commission surveys or other research relating to the provision of general dental services (regulation 34).

The terms of service under which dentists provide general dental services to their patients are set out in Schedule 2. The principal changes to these terms of service are as follows.

The provision relating to the mixing of general dental services and private care and treatment is extended to salaried dentists (paragraph 16). Paragraph 21 imposes special obligations on dentists in connection with the administration of sedation. Provision is also made regarding dental records, which must be retained for a period of 2 years but may be kept on computer (paragraph 25). A dentist must allow the Board to inspect his practice premises provided that he has been given reasonable notice of its intention to do so (paragraph 33).

Other provisions of these regulations (including the terms of service) differ from those of the 1975 Regulations in minor respects, or in consequence of other changes which are mentioned above.

Footnotes

[^f00001]: S.I. 1972/1265 (N.l. 14)

[^f00002]: S.R. 1989 No. 111

[^f00003]: 1984 c. 24

[^f00004]: S.R. & O. (N.I.) 1973 No. 421 as amended by S.R. 1987 No. 247, S.R. 1988 No. 395, S.R. 1991 No. 97 and S.R. 1992 No. 200

[^f00005]: Article 63 was amended by Article 5 of S.l. 1986/2023 (N.l. 20) and Article 31(1) of S.l. 1991/194 (N.l. 1)

[^f00006]: Article 55 was amended by Article 5 of S.I. 1991/194 (N.l. 1)

[^f00007]: S.R. 1973 No. 416

[^f00008]: Article 61 of the Order was amended by Article 13 of S.I. 1978/1907 (N.I. 26); Article 5(2) of S.I. 1981/432; Article 8 of S.I. 1986/2229 (N.I. 24); Article 4(5) of S.I. 1988/2249 (N.I. 24); Articles 30, 34 and 35 of, Part I of Schedule 5 to, and Part I of Schedule 6 to, S.I. 1991/194 (N.l. 1)

[^f00009]: Schedule 11 was amended by Article 17 of, and Part I of Schedule 6 to, S.I. 1984/1158 (N.I. 8)

[^f00010]: S.I. 1988/2249 (N.I. 24)

[^f00012]: S.R. 1984 No. 336

[^f00013]: S.I. 1980/362; the relevant amending instrument is S.I. 1981/1205

[^f00014]: S.l. 1980/1177 to which there are amendments not relevant to these regulations

[^f00015]: S.R. & O. 1970 No. 56

[^f00016]: 1968 c. 34

[^f00017]: S.I. 1972/1265 (N.I. 14)

[^f00018]: S.I. 1978/1907 (N.I. 26)

[^f00019]: S.I. 1981/432

[^f00020]: S.I. 1986/2229 (N.I. 24)

[^f00021]: S.I. 1988/2249 (N.I. 24)

[^f00022]: S.I. 1991/194 (N.l. 1)

[^f00023]: S.I. 1986/2023 (N.I. 20)

[^f00024]: S.R. 1987 No. 457

[^f00025]: S.R. 1989 No. 111; relevant amending regulations are S.R. 1990 No. 342 and S.R. 1993 No. 139

[^f00026]: Section 45 was amended by Order in Council S.I. 1991/1705 and see S.I. 1986/887 amended by S.I. 1991/1706

[^f00028]: Schedule 11 was amended by Article 17 of, and Part I of Schedule 6 to, S.I. 1984/1158 (N.I. 8)