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Statutory Instruments

1988 No. 576

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Dental Services) Amendment Regulations 1988

Made

22nd March 1988

Laid before Parliament

5th April 1988

Coming into force

1st May 1988

The Secretary of State for Social Services, in exercise of powers conferred on him by sections 35(1) and 36(1) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1988 and shall come into force on 1st May 1988.

Amendment of regulations

2.-(1) The National Health Service (General Dental Services) Regulations 1973(2) shall be amended in accordance with the following provisions of this regulation.

(2) At the end of Part VIA there shall be inserted the following Part-

"Part VIBUSE OF COMPUTERS IN GENERAL DENTAL SERVICES

Use of computers for submitting estimates to the Board

26G. Subject to regulation 26H and paragraph 8A of Schedule 1 to these Regulations, a dentist who is required by Part I of that Schedule to send the Board a dental estimate form in respect of completed or proposed treatment may, by arrangement with the Board, instead use a computer to send the Board an estimate to the same effect and, if he does so, shall be treated as having satisfied the requirement.

Circumstances in which computers may not be used for estimates

26H. Regulation 26G shall not apply to estimates concerning-

(a)treatment carried out pursuant to regulation 20;

(b)replacement of a dental appliance pursuant to regulation 21;

(c)treatment provided under capitation arrangements.

Functions of the Board in respect of estimates sent by computer

26I. Where a dentist uses a computer to send an estimate in accordance with this Part of these Regulations, the Board shall consider and, where appropriate, approve such an estimate as if it had been sent in a dental estimate form.".

(3) In Schedule I (terms of service) after paragraph 8 there shall be inserted the following paragraph-

"Use of computers to send an estimate

8A. A dentist who, in accordance with regulation 26G, uses a computer to send an estimate-

(a)shall at the appropriate time secure the completion, as far as applicable by the patient, or where regulation 17 applies, by the appropriate person, of the practice record form set out in Determination VI of the Statement of Dental Remuneration or a form to like effect;

(b)shall not include in the estimate information concerning treatment which is not necessary in his opinion to render the patient dentally fit or information concerning preventive treatment which is not necessary in his opinion to maintain dental health;

(c)shall use a computer programme which the Board approves as suitable; and

(d)shall complete the computer summary form set out in Determination VI of the Statement of Dental Remuneration and send it to the Board-

(i)in the case of treatment set out in Determination II of that Statement, within one month of completing the form; and

(ii)in any other case within one month of completing the treatment.".

Signed by authority of the Secretary of State for Social Services

Edwina Currie

Parliamentary Under-Secretary of State,

Department of Health and Social Security

22nd March 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Dental Services) Regulations 1973 ("the principal Regulations"), which concern arrangements under which dentists provide general dental services under the National Health Service in England and Wales.

Regulation 2(2) and (3) of these Regulations provide that estimates for dental treatment may be sent to the Dental Estimates Board by means of a computer rather than by the submission of forms. The use of a computer for this purpose is made subject to exceptions for certain kinds of treatment (regulation 26H of the principal Regulations) and to compliance by the dentist with a new term of service about the use of computers (paragraph 8A of Schedule 1 to the principal Regulations).

(1)

1977 c. 49; section 35(1) was substituted by the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), article 7(9). Section 36 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 3, paragraph 5 and by S.I. 1985/39, article 7(10). For the definition of "regulations" see section 128(1) of the National Health Service Act 1977.

(2)

S.I. 1973/1468; the relevant amending instruments are S.I. 1987/736 and 1512.


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URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_1988576_en.html