NATIONAL HEALTH SERVICE, SCOTLAND Citation and commencement 1 These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment Regulations 1998 and shall come into force on 1st August 1998. Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996 2 The National Health Service (General Dental Services) (Scotland) Regulations 1996 shall be amended in accordance with the following provisions of these Regulations. Amendment of regulation 2 3 In regulation 2 (interpretation), in paragraph (1); a for the definition of “dental officer” there shall be substituted– “dental officer” means a dentist in the service of the Board; . b in the appropriate alphabetical positions there shall be inserted– “the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ; “personal dental services” has the meaning given in section 1(8) of the 1997 Act; “pilot scheme” has the meaning given in section 1(1) of the 1997 Act; . Amendment of regulation 4 4 In regulation 4 (dental list), in paragraph (2)(b)– a at the end of head (i), “and” shall be omitted; and b at the end of head (ii), there shall be inserted– ; and iii whether the dentist is indemnified against claims relating to the practice of dentistry in relation to dentistry performed by the dentist himself, and by any assistant, deputy and dental auxiliary whose work he directs. . Amendment of regulation 6 5 In regulation 6 (applications for vocational training numbers) in paragraph (3), for sub-paragraph (d) there shall be substituted– d he has practised in primary dental care in either the Community Dental Services or the armed forces of the Crown for a period amounting in aggregate to not less than four years full-time employment (or part-time employment of equivalent duration), and has so practised for not less than four months in full-time employment (or part-time employment of equivalent duration) within the period of four years ending with the date of his application under regulation 6(1). . Amendment of Schedule 1 6 1 Schedule 1 (terms of service for dentists) shall be amended as follows. 2 In paragraph 11 (termination of a continuing care arrangement or a capitation arrangement)– a in sub-paragraph (1), for “sub-paragraph (4)” there shall be substituted “sub-paragraphs (4) and (7) and paragraph 11A”; b in sub-paragraph (4), at the beginning there shall be inserted “Subject to sub-paragraph (7) and paragraph 11A,”; c after sub-paragraph (6) there shall be inserted– 7 Where– a under section 5 of the 1997 Act the Secretary of State has approved a proposal for a pilot scheme under which personal dental services are to be provided, or such a proposal has been subsequently varied with the agreement of the Secretary of State or, as the case may be, in a manner authorised by directions given by the Secretary of State under section 6 of the Act; and b under the proposal (or the varied proposal) a dentist named in it as a performer of personal dental services would treat a patient under the pilot scheme and not under a continuing care arrangement or a capitation arrangement, the dentist shall give to him such notice of the termination of the arrangement as is required under the pilot scheme. . 3 After paragraph 11 there shall be inserted– Violent patients 11A 1 Where– a a person, with whom a dentist has a continuing care arrangement or a capitation arrangement, has committed an act of violence against the dentist or an employee of the dentist or has behaved in such a way that such dentist or employee has feared for his safety, and b the dentist has reported the incident to the police, the dentist may notify the Health Board that he wishes the arrangement to be terminated immediately. 2 Notification under sub-paragraph (1) may be given by any means including telephone or fax, but if not given in writing shall subsequently be confirmed in writing before the end of the period of seven days beginning with the date of the notification under sub-paragraph (1) (and, for this purpose, a faxed confirmation is not a written one). 3 The time at which the dentist notifies the Health Board shall be the time at which he makes the telephone call or sends or delivers the notification to the Health Board. 4 Where pursuant to this paragraph a dentist has notified the Health Board that he wishes a continuing care arrangement or a capitation arrangement to be terminated immediately, the Health Board shall take all reasonable steps to inform the person concerned. . 4 In paragraph 17 (occasional treatment) sub-paragraph (2)(a) shall be omitted. 5 After paragraph 31C there shall be inserted– Professional indemnity 31D A dentist shall, if asked in writing to do so by a Health Board on whose dental list his name is included– a state whether he is indemnified against claims relating to the practice of dentistry in relation to dentistry performed by himself, and by any assistant, deputy and dental auxiliary whose work he directs; and b if he is so indemnified, provide documentary evidence to that effect. . Amendment of Schedule 2 7 In Part I of Schedule 2 (application for inclusion in the dental list), after paragraph 15 there shall be inserted– 16 Whether he is indemnified against claims relating to the practice of dentistry in relation to dentistry performed by himself, and by any assistant, deputy and dental auxiliary whose work the dentist intends to direct, and if he is so indemnified documentary evidence to that effect. 17 Details of any limitations imposed by the Home Office which restrict his ability to work in any specific capacity in Scotland. . Amendment of Schedule 4 8 In Part II of Schedule 4 (prior approval of care and treatment), in each of paragraphs 1 and 2, for “£200” there shall be substituted “£230”. Sam Galbraith Minister for Health, Scottish Office St Andrew’s House, Edinburgh 3rd July 1998