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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 4 — Dental and medical services

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 167   Dental public health

     (1)    In the 1977 Act, after section 16CA (as inserted by section 166 above) insert—

       “16CB   Dental public health

           (1)           A Primary Care Trust shall have such functions in relation to dental

public health in England as may be prescribed.

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           (2)           A Local Health Board shall have such functions in relation to dental

public health in Wales as may be prescribed.

           (3)           The National Assembly for Wales shall have such functions in relation

to dental public health in Wales as may be prescribed.

           (4)           The functions of a Primary Care Trust under this section may be

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discharged—

                  (a)                 by the Trust itself;

                  (b)                 by the Trust and one or more other Primary Care Trusts acting

jointly; or

                  (c)                 by any other person or body in accordance with arrangements

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made by the Trust.

           (5)           The functions of a Local Health Board under this section may be

discharged—

                  (a)                 by the Board itself;

                  (b)                 by the Board and one or more other Local Health Boards acting

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jointly; or

                  (c)                 by any other person or body in accordance with arrangements

made by the Board.”

     (2)    Section 5(1A) of the 1977 Act shall cease to have effect.

 168   General dental services contracts

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     (1)    In the 1977 Act, after section 28J insert—

“General dental services contracts

       28K      General dental services contracts: introductory

           (1)           A Primary Care Trust or Local Health Board may enter into a contract

under which primary dental services are provided in accordance with

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the following provisions of this Part.

           (2)           A contract under this section is called in this Act a “general dental

services contract”.

           (3)           Subject to any provision made by or under this Part, a general dental

services contract may make such provision as may be agreed between

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the Primary Care Trust or Local Health Board and the contractor in

relation to—

                  (a)                 the services to be provided under the contract (which may

include services which are not primary dental services),

                  (b)                 remuneration under the contract, and

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                  (c)                 any other matters.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 4 — Dental and medical services

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           (4)           In this Part, “contractor”, in relation to a general dental services

contract, means any person entering into the contract with the Primary

Care Trust or Local Health Board.

       28L       Requirement to provide certain primary dental services

           (1)           A general dental services contract must require the contractor or

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contractors to provide, for his or their patients, primary dental services

of such descriptions as may be prescribed.

           (2)           Regulations under subsection (1) may in particular describe services by

reference to the manner or circumstances in which they are provided.

       28M       Persons eligible to enter into GDS contracts

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           (1)           A Primary Care Trust or Local Health Board may, subject to such

conditions as may be prescribed, enter into a general dental services

contract with—

                  (a)                 a dental practitioner;

                  (b)                 a dental corporation;

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                  (c)                 two or more individuals practising in partnership where the

conditions in subsection (2) are satisfied.

           (2)           The conditions referred to in subsection (1)(c) in relation to a

partnership are that—

                  (a)                 at least one partner is a dental practitioner, and

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                  (b)                 any partner who is not a dental practitioner is either—

                        (i)                        an NHS employee,

                        (ii)                       a section 28C or section 17C employee,

                        (iii)                      a health care professional who is engaged in the

provision of services under this Act, or

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                        (iv)                       an individual who is providing services under a general

dental services contract or a general medical services

contract or in accordance with section 28C arrangements

or arrangements under section 17C of the National

Health Service (Scotland) Act 1978, or has so provided

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them within such period as may be prescribed.

           (3)           Regulations may make provision as to the effect, in relation to a general

dental services contract entered into by individuals practising in

partnership, of a change in the membership of the partnership.

           (4)           In this section—

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                                  “dental corporation” means a body corporate which, in

accordance with the provisions of Part 4 of the Dentists Act

1984, is entitled to carry on the business of dentistry;

                                  “health care professional” means a person who is a member of a

profession regulated by a body mentioned (at the time the

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contract in question is entered into) in section 25(3) of the

National Health Service Reform and Health Care Professions

Act 2002; and

                                  “NHS employee”, “section 28C employee” and “section 17C

employee” have the same meanings as in section 28D above.

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Health and Social Care (Community Health and Standards) Bill
Part 4 — Dental and medical services

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       28N       GDS contracts: payments

           (1)           The appropriate authority may give directions as to payments to be

made under general dental services contracts.

           (2)           A general dental services contract must require payments to be made

under the contract in accordance with directions for the time being in

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force under this section.

           (3)           Without prejudice to the generality of the power under subsection (1),

a direction under that subsection may—

                  (a)                 provide for payments to be made by reference to compliance

with standards or the achievement of levels of performance;

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                  (b)                 provide for payments to be made by reference to—

                        (i)                        any scheme or scale specified in the direction, or

                        (ii)                       a determination made by any person in accordance with

factors specified in the direction;

                  (c)                 provide for the making of payments in respect of individual

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practitioners;

                  (d)                 provide that the whole or any part of a payment is subject to

conditions (and may provide that payments are payable by a

Primary Care Trust or Local Health Board only if it is satisfied

as to certain conditions);

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                  (e)                 make provision having effect from a date before the date of the

direction, provided that, having regard to the direction as a

whole, the provision is not detrimental to the persons to whose

remuneration it relates.

           (4)           Before giving a direction under subsection (1), the appropriate

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authority—

                  (a)                 must consult any body appearing to the authority to be

representative of persons to whose remuneration the direction

would relate, and

                  (b)                 may consult such other persons as the authority thinks

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appropriate.

           (5)           Section 18(1) and (3)(b) above apply in relation to directions under this

section.

           (6)           References in this section to payments include fees, allowances,

reimbursements, loans and repayments.

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           (7)           In this section “appropriate authority” means—

                  (a)                 the Secretary of State, in relation to a contract made by a

Primary Care Trust;

                  (b)                 the National Assembly for Wales, in relation to a contract made

by a Local Health Board.

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       28O      GDS contracts: other required terms

           (1)           A general dental services contract must contain such provision as may

be prescribed (in addition to the provision required by the preceding

provisions of this Part).

           (2)           Regulations under subsection (1) may in particular make provision as

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to—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 4 — Dental and medical services

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                  (a)                 the manner in which, and standards to which, services are to be

provided;

                  (b)                 the persons who perform services;

                  (c)                 the persons to whom services are to be provided;

                  (d)                                     the right of patients to choose the persons from whom they are

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to receive services;

                  (e)                 the variation of contract terms (other than terms required by or

under this Part);

                  (f)                 rights of entry and inspection (including inspection of clinical

records and other documents);

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                  (g)                 the circumstances in which, and the manner in which, the

contract may be terminated;

                  (h)                 enforcement;

                  (i)                 the adjudication of disputes.

           (3)           Regulations under subsection (2)(e) may make provision as to the

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circumstances in which a Primary Care Trust or Local Health Board

may impose a variation of contract terms.

       28P       GDS contracts: disputes and enforcement

           (1)           Regulations may make provision for the resolution of disputes as to the

terms of a proposed general dental services contract.

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           (2)           Regulations under subsection (1) may make provision—

                  (a)                 for the referral of the terms of the proposed contract to the

Secretary of State or National Assembly for Wales; and

                  (b)                 for the Secretary of State or Assembly, or a person appointed by

him or it, to determine the terms on which the contract may be

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entered into.

           (3)           Regulations may make provision for a person or persons entering into

a general dental services contract to be regarded as a health service

body for any purposes of section 4 of the National Health Service and

Community Care Act 1990, in circumstances where he or they so elect.

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           (4)           Regulations under subsection (3) may include provision as to the

application of section 4 of that Act in cases where—

                  (a)                 persons practising in partnership elect to become a health

service body; and

                  (b)                 there is a change in the membership of the partnership.

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           (5)           Where—

                  (a)                 by virtue of regulations under subsection (3), subsection (7) of

section 4 of that Act applies in relation to a general dental

services contract, and

                  (b)                 a direction as to payments is made under that provision in

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relation to the contract,

                         the direction is to be enforceable in a county court (if the court so

orders) as if it were a judgment or order of that court.”

     (2)    Sections 35 and 36 of the 1977 Act (arrangements for general dental services)

shall cease to have effect.

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