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Welsh Statutory Instrument 2001 No. 2133 (W. 148)The National Health Service (General Dental Services) (Amendment) (Wales) Regulations 2001(The document as of February, 2008) STATUTORY INSTRUMENTS2001 No. 2133 (W. 148)NATIONAL HEALTH SERVICE, WALESThe National Health Service (General Dental Services) (Amendment) (Wales) Regulations 2001
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 15(1), 35(1), 36(1) and (3) and 126(4) of the National Health Service Act 1977[1] hereby makes the following Regulations: Citation, commencement and application 1. - (1) These Regulations may be cited as the National Health Service (General Dental Services) (Amendment) (Wales) Regulations 2001 and shall come into force on 12th July 2001. (2) These Regulations shall apply to Wales only. Amendment of the National Health Service (General Dental Services) Regulations 1992 2.The National Health Service (General Dental Services) Regulations 1992 ("the principal Regulations")[2] shall be amended in accordance with the following provisions of these Regulations. Amendment of regulation 2 of the principal Regulations 3.In regulation 2(1) of the principal Regulations (interpretation), insert the following definitions in the appropriate places in alphabetical order -
Amendment of regulation 4 of the principal Regulations
(b) at the end of paragraph 2(b)(iii) delete "." and add
(iv) whether the dentist's name is on the general anaesthesia list.". Amendment of regulation 5 of the principal Regulations
(b) after paragraph (2) insert -
(b) add the dentist's name to its dental list. (2B) Where the Health Authority, following its inspection of the proposed premises, determines in accordance with paragraph (2) that a dentist's name should not be included in the dental list because the practice premises are not proper and sufficient for the provision of general dental services, it shall -
(b) include with the notice a statement of its reasons for the determination and a statement that the dentist may, within 28 days following the day he received notice of the determination, appeal in writing to the National Assembly for Wales against it. (2C) Where a dentist appeals in accordance with paragraph (2B), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the proposed practice premises within 28 days following receipt of the dentist's notice of appeal, or such longer period as may be mutually agreed. General anaesthesia list
5D (1) The Health Authority shall draw up and maintain a list (in these Regulations referred to as the "general anaesthesia list") of the names of those dentists who provide any treatment to patients under general anaesthesia and a dentist's name may only be included in a Health Authority's general anaesthesia list if his name is included in that Health Authority's dental list. (2) The general anaesthesia list shall, in addition to containing the name of a dentist, contain the addresses of all the practice premises at which the said dentist provides treatment to patients under general anaesthesia. (3) A dentist whose name is included in a Health Authority's general anaesthesia list may only provide treatment under general anaesthesia at premises which are specified against his name in the list. (4) Any dentist whose name is, on 12th July 2001, on a Health Authority's dental list shall have his name included in that Health Authority's general anaesthesia list if he notifies the Health Authority in writing within 14 days of that date of his wish for his name to be included in that list. (5) Where paragraph (4) does not apply, a dentist may apply to a Health Authority for the inclusion of his name in the general anaesthesia list by writing to the Health Authority specifying the premises at which he intends to perform treatment on patients under general anaesthesia. (6) Where a dentist makes an application in accordance with paragraph (5) the Health Authority shall inspect the dentist's practice premises to determine whether the practice premises are proper and sufficient for the provision of treatment under general anaesthesia and, unless the dentist otherwise agrees, the Health Authority shall determine the application within 14 days of such inspection. (7) Where the Health Authority determines in accordance with paragraph (6) that the practice premises are proper and sufficient for the provision of treatment under general anaesthesia, it shall -
(b) add the dentist's name to its general anaesthesia list. (8) Where the Health Authority determines in accordance with paragraph (6) that a dentist's name should not be included in its general anaesthesia list because the practice premises are not proper and sufficient for the provision of treatment under general anaesthesia, it shall -
(b) include with the notice a statement of its reasons for the determination and a statement that the dentist may, within 28 days following the day he received notice of the determination, appeal in writing to the National Assembly for Wales against it. (9) Where the dentist appeals in accordance with paragraph (8), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the practice premises within 28 days following its receipt of the dentist's notice of appeal, or such longer period as may be mutually agreed. Amendment of Schedule 1 to the principal Regulations
(b) after sub-paragraph (3)(b) delete "." and add -
(c) where the treatment involves the administration of general anaesthesia, in which case the treatment shall be provided wholly under general dental services or wholly privately.". (3) In paragraph 21 (general anaesthesia and sedation) -
(b) in sub-paragraph (1)(a) for "a doctor or other dentist experienced in the administration of general anaesthesia" substitute "an appropriately qualified doctor"; and (c) after sub-paragraph (3) add -
(b) working under supervision as part of a Royal College of Anaesthetists' approved training programme; or (c) an anaesthetist, other than a consultant anaesthetist employed by a health service hospital, under the supervision of a named consultant anaesthetist employed by the anaesthetic department of the same health service hospital.". (4) In paragraph 27A (completion of claim forms) -
(c) entitlement to a free clinical examination and any report on that examination under regulation 3(2)(f) of the National Health Service (Dental Charges) Regulations 1989,"[3] (5) After paragraph 33 (premises etc) insert -
33A (1) A dentist whose name has been included in the general anaesthesia list shall notify the Health Authority of any change of address of his practice premises, and inform the Health Authority whether he wishes to perform treatment under general anaesthesia at his new practice premises. (2) Where the dentist informs the Health Authority that he does not wish to perform treatment under general anaesthesia at his new practice premises, the Health Authority shall remove the dentist's name from its general anaesthesia list forthwith. (3) Where the dentist informs the Health Authority that he wishes to perform treatment under general anaesthesia at his new practice premises, he shall apply to the Health Authority in writing to continue to be included in its general anaesthesia list. (4) The provisions of paragraphs (6) to (13) of regulation 5D shall be applied to an application under paragraph (3) as if it were an application for inclusion in the general anaesthesia list. (5) The dentist shall not provide treatment under general anaesthesia at his new practice premises unless his application or, in the case of an appeal, his appeal is determined in his favour. (6) A dentist whose name is included in the general anaesthesia list shall, at any time during the hours which his practice premises are usually open for the provision of general dental services, admit a dental officer or a person authorised by the Health Authority for the purpose of inspecting any of his practices premises at which treatment under general anaesthesia is or may be provided, whether or not notice has been given.". (6) In paragraph 40 (general anaesthetics), for "a doctor or another dentist", substitute "an appropriately qualified doctor". (This note is not part of the Regulations) These Regulations further amend the National Health Service (General Dental Services) Regulations 1992 (S.I.1992/661) ("the principal Regulations") which regulate the terms upon which general dental services are provided under the National Health Service Act 1977. Regulation 6 provides for the establishment of a list of those dentists providing treatment to patients under general anaesthesia as part of general dental services. This includes a right of appeal to the National Assembly for Wales where a dentist is denied inclusion in a general anaesthesia list because a Health Authority has determined that his premises are not proper and sufficient for the provision of dental treatment under general anaesthesia. Regulation 5 introduces a similar right of appeal to the National Assembly for Wales for a dentist who is denied inclusion in a dental list because a Health Authority has determined that his premises are not proper and sufficient for the provision of general dental services. Regulation 7 amends Schedule 1 to the principal Regulations which sets out the terms of service for dentists employed in the National Health Service. The amendment provides that treatment under general anaesthesia may not be provided unless the dentist is on the Health Authority's general anaesthesia list, that general anaesthesia may not form part of treatment that mixes general dental services and private dentistry, and that dentists on the general anaesthesia list must permit inspections of their premises. It also substitutes new categories of those who are permitted to administer general anaesthesia for the purposes of general dental services. Regulation 7 also amends the terms of service within Schedule 1 so that a dentist is required to ask to see evidence in support of a claim that a patient is entitled to a free dental examination or any report on such an examination. Notes: [1] 1977 c.49; see section 128(1), as amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), section 26(2)(g) and (i) for the definitions of "prescribed" and "regulations". Section 15(1) was amended by section 5(2) of the Health and Social Security Act 1984 (c.48) ("the 1984 Act"); by the 1990 Act, section 12(1) and by the Health Authorities Act 1995 (c.17) ("the 1995 Act"), section 2(1) and Schedule 1, paragraph 6(e). Section 35(1) was substituted by S.I.1985/39, article 7(9), and amended by the 1995 Act, Schedule 1, paragraph 24. Section 36(1) was so numbered by the 1984 Act, Schedule 3, paragraph 5(1) and amended by S.I.1981/432, article 3(3)(a); by S.I.1985/39, article 7(10); by section 25 of and Schedule 2, paragraph 4 to the Health and Medicines Act 1988 (c.49), by the 1990 Act, section 24(2) and by the 1995 Act , section 2(1) and Schedule 1, paragraph 25(a). Section 36(3) was inserted by the 1990 Act, section 24(3). Section 126(4) was amended by the 1990 Act, section 65(2); and by the Health Act 1999 (c.8) ("the 1999 Act"), Schedule 4, paragraph 37(6). The functions of the Secretary of State under sections 15(1), 35(1), 36(1) and (3) and 126(4) of the 1977 Act are transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 S.I.1999/672, article 2 and Schedule 1, as amended by section 66(5) of the 1999 Act.back [2] S.I.1992/661; relevant amending instruments are S.I.1993/2209 and 3172, 1995/3092, 1998/1648 and 2000/3118.back [3] S.I.1989/394, as amended by S.I.1991/581, 1992/369, 1993/419, 1994/530, 1995/444, 1996/389, 1997/558, 1998/490 and 2221, 1999/544, 2000/977 (W.47) and 2001/1359 (W.87)back [4] 1998 c.38back ISBN 0 11 090259 9 -- Back --
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