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12  •  Professionalism, Law and Ethics
307
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four elected from the professions complementary to den­tistry (PCDs) elected by registered PCDs (note: in Septem­ber 2005, in line with new legislation, the GDC agreed to use the term ‘Dental Care Professionals’ instead of PCDs)
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four associate members, who have no voting rights; these are the four Chief Dental Officers for England, Scot­land, Wales and Northern Ireland.
In 2009, in line with government plans for health care regulation, the membership of the GDC and the way that membership was appointed changed. The new GDC was smaller, comprising:
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eight dentists
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four DCPs
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12 lay people.
This meant that from 2009, the GDC no longer had a major­ity of dentists in its membership. Following national advertise­ments, all members of the GDC are now appointed by the government’s Appointments Commission within the parame­ters set down by the GDC. The purpose of this change was to remove any perception by the public that professional mem­bers of the GDC, and of other health care regulatory bodies, are representing those who elected them, rather than being purely responsible for the effective regulation of that profession.
In 2013, a new Council convened. The Council is now formed of 12 members: six appointed registrant and six appointed lay members.

REGISTRATION WITH THE GDC

In the United Kingdom, only dental surgeons registered with the GDC are entitled to practise dentistry. Graduates and licentiates in dentistry of universities and Royal Surgi­cal Colleges of the United Kingdom may be registered on completion of the appropriate application and payment of the prescribed registration fee. The universities and royal colleges in the United Kingdom provide the GDC with lists of their dental graduates or licentiates. Registration has to be renewed annually as long as a dentist wishes to practise in the United Kingdom. The annual renewal process in­cludes three actions: making an Indemnity Declaration; payment of the Annual Retention Fee (ARF); making a Continuing Professional Development (CPD) statement.
Prior to the U.K. withdrawal from the European Union (Brexit) holders of an appropriate European Dental Diploma who were nationals of member states of the European Union (EU) were also entitled to register, as were Icelandic and Nor­wegian graduates, since Norway and Iceland are members of the European Economic Association (EEA), as are dentists who qualified in Switzerland. Any European dentist applying for registration required documentary evidence of:
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identity
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academic attainment
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a knowledge of the English language which, in the interest of themselves and their patients, is necessary for the provision of dental services
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good standing
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good health.
Disqualification from practice in any EU/EEA member state is most likely to bar a dentist from registering with the GDC.
Up to 2001, dentists holding a primary dental diploma from certain overseas universities that the GDC had visited to check educational standards could also be fully regis­tered with the GDC and are still able to continue to be regis­tered. These universities are in Commonwealth or former Commonwealth countries where dental education is simi­lar to that in the United Kingdom. No other qualifications were automatically accepted by the GDC for full registration and therefore the right of undertaking independent dental practice in the United Kingdom.
There are several ways by which dentists with qualifica­tions that do not fit into the above categories can register with the GDC.
Temporary Registration
Temporary registration is available to allow such dentists to teach, do research work or obtain postgraduate instruc­tion in certain approved hospital, dental school or other approved institution posts for a limited period. Temporary registration only lasts for the period of a particular post or employment and may be renewed by application up to a maximum of 5 years.
Dentists with temporary registration can only practise dentistry under the supervision of a named, fully registered dentist of consultant status in the United Kingdom.
International Qualifying Examination
The International Qualifying Examination (IQE) replaced the Statutory Examination in 2001. At the same time, the GDC ceased to recognise the primary dental diplomas from certain universities overseas. From 2001, all dental sur­geons who do not have a primary dental qualification gained through a dental school or Royal Surgical College in the United Kingdom, the EU or the EEA had to sit the IQE. The IQE closed to new applicants in 2007.
Overseas Registration Examination
In 2007, the Overseas Registration Examination (ORE) be­came the new statutory examination to permit overseas dental graduates to apply for admission to the Dentist’s Register, it replaced the IQE.
Additionally, since October 2011, before applying to sit the ORE, prospective candidates need to demonstrate that their dental course and qualification is comparable to EU training and assessment requirements. A statement to this effect has to be obtained from the UK National Recognition Information Centre (UK NARIC). This organisation has been set up by the UK government to check comparability of all professional qualifications. Other EU countries have set up similar organisations. A NARIC Statement of Comparability has to be submitted with the application to sit the ORE. Pro­spective candidates must also demonstrate that their clinical experience satisfies the requirements set (a set number of hours is required of personal treatment of patients in the dental chair) and English language requirements are met.
The ORE is comprised of two parts:
Part 1 consists of two, 3-hour written papers, comprising short
answers, which are undertaken on a computer, to test the
candidates’ application of knowledge in clinical practice:
Paper A: this covers clinically applied dental science and
clinically applied human disease.
308
Master Dentistry
Paper B: this covers aspects of clinical dentistry, including
law and ethics and health and safety.
Part 2: the purpose of this part is to test candidates’ ability
to demonstrate clinical skills safely and consists of four elements:
1. three practical exercises on a dental manikin in 3 hours
2. an Objective Structured Clinical Examination (OSCE)
3. a diagnosis and treatment planning exercise
4. an examination in medical emergencies, including cardiopulmonary resuscitation using a manikin.
Up to four attempts each are allowed for Part 1 and Part 2 of the ORE. Also, Part 2 has to be passed within 5 years of the first attempt at Part 1 of this examination.
Additionally, to register with the GDC, candidates will need, as part of the application process, to provide evidence of good standing.
To be able to work in National Health Service (NHS) primary care dental services, those who have passed the ORE have been expected to show equivalence to dental foundation training (DFT).
There are various local rules and legislation governing dentists moving to a new country. It is beyond the scope of this book to cover all eventualities, and the reader is recom­mended to engage with border and immigration services and the professional regulator to determine the require­ments, e.g. in the United Kingdom, the GDC and the UK Visas and Immigration.
Licence in Dental Surgery
The Licence in Dental Surgery (LDS) examination is open to applications from qualified dentists and is awarded by the Royal College of Surgeons of England (RCS Eng). Again, there are criteria which must be satisfied when applying to sit this examination. Successful candidates are eligible to apply for GDC registration.
The LDS is comprised of two parts:
Part 1 consists of two, 3-hour written papers comprising
short answers, to test the candidates’ application of
knowledge in clinical practice:
Paper A: this covers clinically applied human disease and
clinically applied dental science.
Paper B: this covers elements of clinical dentistry, including
health and safety, law and ethics.
Part 2: the purpose of this part is to test candidates’ ability
to practise clinical skills safely and consists of three
elements:
1. an Objective Structured Clinical Examination
2. an operative test on a dental manikin
3. an unseen case examination including diagnosis, treatment planning and clinical reasoning.
Up to four attempts each are allowed for Part 1 and Part 2 of the LDS. Also, Part 2 has to be passed within 5 years of the first attempt at Part 1 of this examination.
Continuing Professional Development
CPD includes professional development through learning, training or other activities, which maintain and further develop an individual’s practice or intended practice. It is the duty of all dental professionals to keep their knowledge
and skills up-to-date. It is also a requirement for all dentists and DCPs in order to remain registered with the GDC. The GDC made CPD compulsory for dentists on 1 January 2002; since then, there have been different schemes and require­ments, and these have included the need for concise and appropriate educational aims and objectives, in addition to a quality control mechanism. Compulsory CPD for DCPs was introduced in 2008.
The 5-year CPD cycle was phased in over a period of 3 years
depending on the date of first registration with the GDC:
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First registered between 1990 and 2001, 5-year cycle started on 1 January 2002.
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First registered between 1980 and 1989, 1 January
2003.
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First registered before 1979, 1 January 2004.
These first 5-year cycles therefore ended on 31 December
in 2006, 2007 and 2008, respectively.
Dentists whose first registration date is on or after 1 January 2002 commence their 5-year cycle on 1 January of the year following their first registration. Also, dentists apply­ing to rejoin the register will have to show that they have met CPD requirements prior to being readmitted to the Dentists Register.
The current legislation governing CPD requirements for Dentists and Dental Care Professionals is the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2017, which came into force on 1 January 2018. The enhanced Continuing Professional Development (eCPD) scheme started in January 2018 for dentists and August 2018 for DCPs. The scheme has a number of features and includes:
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A requirement for a Personal Development Plan (PDP).
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A minimum number of verifiable hours of eCPD for each registrant group (these should be evenly spread over a 5-year cycle).
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A requirement to declare the number of hours com­pleted in an annual declaration to the GDC.
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A requirement to plan CPD activities according to the field of practice of the individual dental professional.
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The GDC has set development outcomes, and CPD should also be aligned to these. Full descriptors of the develop­ment outcomes can be found on the GDC website, but briefly these include:
A. Communication with patients and the dental team.
This includes aspects of obtaining consent, manag­ing complaints and raising concerns
B. Patient management, management of the dental team
and management of self-leadership as appropriate
C. Maintenance and development of knowledge and
skill;
D. Maintenance of skills, behaviours and attitudes which
put patients’ interests first and maintain patient con­fidence.
The GDC website also holds a list of highly recommended topics for CPD, for which they recommend certain levels of engagement (number of hours) based on field of practice:
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Medical emergencies;
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Disinfection and decontamination; and
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Radiography and radiation protection.
12  •  Professionalism, Law and Ethics
309
They also recommend CPD in the following areas:
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Legal and ethical issues;
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Complaints handling;
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Oral cancer: early detection;
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Safeguarding children and young people; and
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Safeguarding vulnerable adults.
The 2018 Enhanced CPD scheme requires dentists to complete a minimum of 100 hours of verifiable CPD per 5-year cycle and to ensure hours are spread evenly over the cycle, at least 10 hours must have been completed during any 2-year time period.
For DCPs under the 2018 Enhanced CPD scheme, com­pletion of a minimum of 50 hours of verifiable CPD is required for dental nurses and dental technicians during the 5-year cycle. A minimum of 75 hours verifiable CPD per cycle is required for dental therapists, dental hygienists, orthodontic therapists and clinical dental technicians. Again, at least 10 hours must be completed during any 2-year period.
A written record of CPD must be kept by each registrant, together with documentary evidence (e.g. certificates from the CPD provider). Details of what CPD records must include are available on the GDC website.
A CPD declaration is made annually by each registrant. The ‘annual CPD statement’ includes: the number of hours of CPD which have been completed; a declaration that a CPD record has been kept; a declaration that a PDP is in place; a declaration that the CPD is relevant to the current or intended field or practice, and that the statement is full and accurate.
Periodic checks are carried out by the GDC, and they can randomly select registrants to check CPD records.
The previous GDC CPD scheme ran from 2008 to 2017 and included a combination of both verifiable and non­verifiable requirements. Transitional arrangements exist until 2022 for certain registrants, depending on where they are in the 5-year cycle.
Personal Development Planning
A PDP provides an opportunity to identify areas for further development, record development objectives and encourage life-long learning. It also aids development of a strategy to achieve the goals set.
Following a learning or development activity, the partici­pant should take time to consider what they have learnt, whether their learning objective from their PDP has been met and how they may benefit from their learning, and pos­sibly how others may benefit (e.g. the team they work with).
Personal development plans are not static and may need to be revised following reflection, or if learning needs alter or if the individual’s field of practice changes.
GDC requirements are for a PDP that must include the CPD which is planned during the registrant’s 5-year cycle (this must be relevant to field of practice).
Reflective Practice
Reflection is important in development, and reflective prac­tice aims to allow individual practitioners to assess their professional experiences, recognise positives and where im­provements could be made. Identification of opportunities to improve may guide personal development planning and
learning. Reflection may be individual, but multi-disciplinary and team reflection can be important for development and improved practice.
In June 2019, a joint statement of support on the bene­fits of becoming a reflective practitioner was made by the Chief Executives of the United Kingdom’s statutory regula­tors of health and care professionals. This included the General Dental Council. Whilst approaches of reflective practice from each regulator may vary, this statement demonstrates the importance and value placed on reflec­tion in learning and development.
Professional Standards Authority
The government originally set up the Council for the Regu­lation of Healthcare Professionals (CHRP) in April 2003, and it consisted of 10 lay members and nine members nominated by health care professions regulators, including a GDC nominee. In the Health and Social Care Act (2008), the name of the council was changed to the Council for the Regulation of Healthcare Excellence (CHRE). The Council for Healthcare Regulatory Excellence (CHRE) was renamed under the Health and Social Care Act 2012 and became the Professional Standards Authority (PSA).
The PSA is independent and accountable to the UK par­liament. It oversees nine regulators who ‘register’ health and care professionals; one of these is the General Dental Council. The PSA encourages co-operation and greater consistency in the work of health care regulators and pro­motes good practice. One of the PSA’s powers is to review decisions of a health care regulator about practitioners’ ‘fitness to practise’ and appeal to the appropriate court of law against a decision where it considers that such a deci­sion has been over-lenient.
The PSA board consists of eight members; none of whom are health or care professionals. The board set the strategic directions and are responsible for determining overall policies. The PSA has adopted the approach of right touch regulation, which includes ensuring under­standing of a situation and proportionate regulation. Fur­ther information about the Professional Standards Au­thority and right touch regulation is available on their website (www.professionalstandards.org.uk).

12.3 Titles and Descriptions

LEARNING OBJECTIVES
You should:
• understand what dental specialties are available
• know the scope and limitations of the tasks that Dental
Care Professionals undertake.

DENTISTS

Registration with the GDC allows the use of the titles Dentist, Dental Practitioner or Dental Surgeon. Also, since November 1995, the GDC has accepted the use of the cour­tesy title Doctor, provided that it is not used in a way to suggest that the user is anything other than a dentist. The services offered must be clear and must not imply that the user is a medical doctor.
310
Master Dentistry
Before 1998, no other title was permitted, but the GDC is now empowered to set up and maintain specialist lists of practitioners who can show they have received sufficient postgraduate training to be considered specialists in a par­ticular field. Practitioners on these lists are permitted to use the appropriate titles (e.g. ‘Specialist in Endodontics’).
Entry to the lists is determined by European and GDC regulations. There are two methods of entry to these specialist lists:
1. At the end of the appropriate time in a recognised train-
ing post, the appropriate postgraduate diploma and an assessment by the Specialist Advisory Committee for the specialty.
2. By virtue of current specialist practice and previous
training. Consideration of equivalents is known as medi- ated entry. There was also a pathway open for 2 years following the establishment of each individual specialist list, this was referred to as transitional arrangements.
There are currently 13 specialist lists. These are:
Dental and Maxillofacial Radiology Dental Public Health Endodontics Oral and Maxillofacial Pathology Restorative Dentistry Oral Medicine Oral Microbiology Oral Surgery Orthodontics Paediatric Dentistry Periodontics Prosthodontics Special Care Dentistry
The specialty of restorative dentistry involves training in endodontics, periodontics and prosthodontics; it there­fore involves a longer training period than that required for specialisation in only one of the other three recognised restorative specialties.
In 2019, the GDC began quality assuring specialty train­ing and education programmes in the United Kingdom. Specialty curricula are developed by the Special Advisory Committees (SACs) for a given specialty, for example, the Specialist Advisory Committee for Special Care Dentistry. Curricula are then approved by the GDC. There is a refer­ence guide for postgraduate training in the United King­dom, The Dental Gold Guide, which is produced by the UK Committee of Postgraduate Dental Deans and Directors (COPDENDs). The Dental Gold Guide sets out a framework for the operational management of postgraduate specialty training. In addition to outlining roles and responsibilities of the organisations involved in specialty training, the guide outlines stages in undertaking a training programme and how trainees progress through a programme. The guide can be downloaded from the COPDEND website (www.copdend.
org). For medical postgraduate training in the United
Kingdom, the Gold Guide is the reference guide, and this is produced by the Conference of Postgraduate Medical Deans of the United Kingdom (COPMeD). This guide, which is
regularly updated, is available on the COPMeD website (www.copmed.org.uk).
The GDC is currently reviewing aspects of specialty list­ing and training; this includes specialty curricula and as­sessments and the mediated entry process to specialist lists. Mediated entry and equivalents of specialty training are currently under a comprehensive review. There is consid­erable flux around entry to the specialist lists in the United Kingdom, and a number of stakeholders are currently in­volved, including the GDC, the SACs and Health Education England (HEE).
Since the GDC originally established specialist lists, the specialties included have altered. The original 13 specialist lists established by the GDC were:
END OF TRANSITIONAL
SPECIALTY Dental and maxillofacial
ENTRY PERIOD 31 May 2002
radiology Dental public health 15 April 2000 Endodontics 31 May 2000 Oral medicine 30 June 2001 Oral microbiology 31 May 2002 Oral pathology 31 May 2002 Oral surgery 15 April 2000 Orthodontics 30 June 2000 Paediatric dentistry 30 June 2000 Periodontics 31 May 2000 Prosthodontics 31 May 2000 Restorative dentistry 15 April 2000 Surgical dentistry 31 May 2000
Surgical dentistry was confined to dento-alveolar surgery, whereas oral surgery encompassed surgery to sur­rounding structures and the treatment of maxillofacial injuries. At the December 2005 meeting, the GDC decided to merge the surgical dentistry list into the oral surgery list. Current surgical dentistry trainees and future trainees were then expected to train to the oral surgery core competences. Those previously admitted to the surgical dentistry list were reminded that the professional duty is to practise only within the limits of their competence. This change brought the United Kingdom in line with the situation in the EU and in many other countries. This merger took place in April 2007.
In 2008, the GDC added another specialty, ‘Special Care Dentistry’, again with a 2-year transitional period for those already competent in that specialty.
Maxillofacial surgery is considered to be a medical spe­cialty by the EU, and maxillofacial surgeons are registered with the GMC.

DENTAL CARE PROFESSIONALS (FORMERLY PROFESSIONS COMPLEMENTARY TO DENTISTRY)

Since 1956, the GDC has been responsible for maintaining a register of dental hygienists and dental therapists. The 2005 amendments to the Dentists Act of 1984 allowed for the registration of other groups of dental care workers. In
12  •  Professionalism, Law and Ethics
311
2005, the title Professions Complementary to Dentistry was changed to Dental Care Professionals. Several new classes of DCPs were eligible for registration, and ‘grand parenting’ arrangements were agreed for dental nurses and dental technicians, but only for the first 2 years of this register.
The GDC Dental Care Professionals’ Register opened in July 2006 and is separate from the Dentists Register. Regis­tration for dental nurses and dental technicians became compulsory in July 2008. Also, it became illegal for a non­registered person to use any of the recognised DCP titles as they are protected by law. For two of the new classes of DCPs, clinical dental technicians and orthodontic thera­pists, registration has been compulsory since this register opened.
The GDC Scope of Practice document can be found on the GDC website and describes the skills and abilities each DCP registrant group should have. The GDC makes it clear that registrants should ensure they have the necessary skills, are appropriately trained, competent and indemnified for the patient care they deliver. The Scope of Practice document also includes the additional skills a registrant may develop if they have attended appropriate additional training and in some cases undertaken appropriate assessment. The follow­ing descriptors of dental care professionals are based on the GDC’s Scope of Practice document; the reader is recom­mended to refer to the GDC documentation to appreciate the full scope of practice of each registrant group.
Dental Hygienists
This group of dental professionals help patients to maintain their oral health by promoting good oral health practice. They also work by preventing and treating periodontal dis­ease. Among a range of other skills, dental hygienists use indices to screen and monitor periodontal disease, under­take supragingival and subgingival scaling and root surface debridement and also apply certain prophylactic materials to the surface of teeth. They provide advice on preventive oral care and smoking cessation. Hygienists who qualified prior to 1992 and who administer local anaesthetic infiltra­tion analgesia must have attended a course and received a certificate in administration of local infiltration analgesia, or hold the Diploma of Dental Therapy.
Dental Therapists
Among a range of other skills in the scope of the dental hygienist, dental therapists undertake direct restorations on primary and secondary teeth, can carry out pulpotomies on primary teeth and extract primary teeth. Before 2002, dental therapists were only allowed to work in the commu­nity dental service or in the hospital service, but now they also work in general dental practice.
Dental Nurses
Dental nurses provide clinical and other support to regis­trants and patients. This includes, amongst other roles, preparation of the clinical environment, chairside support to other registrants during treatment and monitoring, sup­port and reassurance to patients. Following appropriate additional instruction, additional skills dental nurses could develop include further skills in oral health promotion and oral health education. Additional skills carried out on prescription from, or under direction of, another registrant
could include taking radiographs, removing sutures after the wound has been checked by a dentist or taking impres­sions to the prescription of a dentist.
Orthodontic Therapists
Orthodontic therapists are permitted to carry out certain parts of orthodontic treatment under prescription from a dentist. Their roles can include taking impressions, insert­ing removable orthodontic appliances, fitting orthodontic headgear, separators and orthodontic bands, placement of direct bonded orthodontic attachments and the ligation and removal of archwires previously fitted by a dentist and the removal of orthodontic bands and excess cement.
Dental Technicians
This group of dental professionals make dental devices to the prescription of a dentist or clinical dental technician. They are also able to repair dentures direct to members of the public. In addition to the construction of appliances, they can take tooth shades of patients for the construction of prostheses.
Clinical Dental Technicians
This registered group of dental professionals, who are also qualified dental technicians, provide complete dentures di­rect to patients, and other dental devices on prescription from a dentist. Clinical dental technicians can refer patients to a dentist if they are concerned about a patient’s oral health, or if they need a treatment plan. Patients who have implants or natural teeth must be seen by a dentist before a clinical dental technician can do any treatment.
Maxillofacial prosthetists and technologists were origi­nally included in the GDC’s list of PCDs, but as much of their work is non-dental, the Institute of Maxillofacial Pros­thetists and Technologists, on the recommendation of the Department of Health, has elected to be registered with the Health Professions Council rather than the GDC.
Direct Access
In the United Kingdom, since 2013, the GDC has allowed certain DCP’s to provide a range of services directly to the general public without the need for a referral or a prescrip­tion from a registered dentist.
Before undertaking direct access, registered DCPs must:
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be appropriately trained, competent and indemnified for any tasks they undertake
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continue to work within their scope of practice regardless of this change in status
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follow the GDC’s Standards for the Dental Team
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DCPs do not have to offer direct access and should not be made to offer it.
Dental Hygienists and Dental Therapists can carry out their full scope of practice without prescription or having to see a dentist first if they are confident that they have the skills and competences required. They are not permitted to directly undertake tooth whitening or botulism toxin treat­ment and are not able to prescribe local anaesthesia. Those who were trained and registered prior to 2002 may require ‘top-up’ training.
Dental Nurses can participate in preventative programmes without the patient(s) having to see a dentist first.
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Master Dentistry
Orthodontic Therapists can carry out Index of Orth­odontic Treatment Need (IOTN) screening, but the majority of their work remains under the prescription of a dentist.
Clinical Dental Technicians can continue to provide and maintain full dentures for patients. Other work must have a prescription from a dentist.
Dental Technicians, apart from denture repairs, continue to carry out work only on the prescription of a dentist.

12.4 Requirements for the Practice of Dentistry

LEARNING OBJECTIVES
You should:
• understand how the GDC carries out its regulatory
tasks and how disciplinary matters are dealt with
• understand the educational and indemnity require-
ments of being a member of a profession.

REGULATION BY THE GENERAL DENTAL COUNCIL

It is the GDC’s duty to maintain the Dentists Register and the Dental Care Professionals Register. The Registrar and Chief Executive of the GDC is responsible for ensuring the accuracy of these registers. The Registrar must remove the name of any dentist or DCP who fails to satisfy require­ments for ongoing registration. A name can only be re­stored to the register by formal application and the payment of a restoration fee in addition to the annual retention fee. Evidence of CPD may also be required, depending on how long someone has been off the register. Further informa­tion may also be required depending on circumstances; this may include a Certificate of Current Professional Status (CCPS) and/or demonstration of English language knowl­edge. There are mechanisms to appeal erasure from the list; these depend on the reason for removal. Further informa­tion is available on the GDC website.
Education
The Dentists Act (1984) gives the GDC the responsibility to supervise all stages of dental education, postgraduate as well as undergraduate. The GDC quality assures new and existing programmes which lead to registration. The GDC determines minimum standards and sends an inspection panel to dental schools and other training establishments to check on standards of teaching and of examination of stu­dents. It has the power to recommend that the recognition of a dental qualification by the GDC is withdrawn should the council consider that the training or examination no longer secures sufficient knowledge and skill to practise dentistry.
The 2005 Amendment Order requires the GDC to deter­mine the appropriate standard of proficiency required and to specify the content and standard of education and training required for the registration of DCPs.
The GDC document Preparing for Practice: Dental Team Learning Outcomes for Registration (2015 revised edition) presents the learning outcomes which an individual must
be able to demonstrate at the end of a period of training for each of the professions registered by the GDC.
The outcomes are presented by profession (dentist, dental therapist, dental hygienist, dental nurse, orthodontic thera­pist, clinical dental technician and dental technician) in a domain structure, with varying content and numbers of outcomes for each group. The four domains included are:
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clinical
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communication
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professionalism
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management and leadership.
Quality assurance processes for education and training programmes leading to registration with the GDC are outlined in the GDC Quality Assurance Guidance for Educa-
tion Providers document. A further document, Standards for Education, outlines the standards required by providers of UK dental GDC accredited training programmes. Stan­dards for Education highlights three areas of requirements:
patient protection; quality evaluation and review of the programme; and student assessment.
Education providers of qualifications that lead to regis­tration as a dentist with the GDC must hold dental au­thority status; this is a legal status granted by the Privy Council. Standards for Education forms the basis of the quality assurance processes and monitoring/inspection of programmes leading to registration. If the required level is achieved, programmes that lead to registration as a dentist are found ‘sufficient’ and programmes leading to DCP registration are ‘approved’ (the terminology is dic­tated by the Dentists Act 1984).
A number of resources are available for students on the GDC website. These are aimed at supporting understanding and how standards may be applied in specific situations. An example of this is the resources on student professionalism, which include guidance and case studies.
As discussed in the previous section, in 2019, the GDC became responsible for quality assurance of specialty education. The Standards for Specialty Education document contains the standards and requirements for programme and examination providers. Requirements are presented under the areas of: patient protection (programme provid­ers only); quality evaluation and review of the programme and specialty trainee assessment. Specialty curricula are currently under review and new curricula are expected to be implemented in 2022.
Conduct
The GDC also has a duty to remove from the Dentists Register or the Dental Care Professionals Register any mem­ber who is shown to have behaved in a manner unsuitable for continued registration. The GDC has regularly issued written advice on the standards required by the professions it regulates; further information is available on the GDC website.
At all times, the dentist’s and dental care professional’s conduct must be of the high standard that the public and the profession expect. The dentist’s first priority is a respon­sibility to patients. If a dentist’s conduct falls below this high standard, the GDC has the power to suspend or remove the dentist’s name from the register. Conviction for a criminal
12  •  Professionalism, Law and Ethics
313
offence or serious professional misconduct can be grounds for refusal of admission, erasure or suspension from the register. Conduct or behaviour prior to qualification is also considered by the GDC; therefore, this power also applies to students. Any dentist or DCP who is found guilty of serious professional misconduct in another country may not be entitled to register with the GDC.
Serious professional misconduct by a dentist cannot be precisely defined. However, it is considered to be conduct by a dentist that falls short of the standards of conduct ex­pected among dentists, and that this should be a serious omission/commission. Specifically, the GDC has to decide upon a dentist’s Fitness to Practise (FtP) if a concern is raised. In the case of DCPs, the GDC uses the more general term of ‘misconduct’ for matters that may be investigated and be subject to disciplinary action. Also, any criminal conviction in the United Kingdom of a person on a GDC register is automatically forwarded to the council by the police, who may also inform the GDC of formal cautions and other matters of concern. Standards for the Dental Team also requires registrants to report any criminal proceedings or regulatory findings made against them, anywhere in the world, directly to the GDC.
When Concerns Are Raised
In addition to criminal convictions, a patient, a member of the public, another dentist or a DCP may raise a con­cern to the GDC. If serious concerns are raised about a dental professional’s ability, health or behaviour to the GDC, they can look into these if there is a suggestion these could lead to significant harm to patients, the general public or colleagues and/or undermine public confidence in the profession.
The GDC has a responsibility to investigate when concerns are raised regarding possible impaired fitness to practise of a registrant.
Until 2004, disciplinary hearings were conducted by various committees made up of GDC members. The GDC started discussing major reforms in 2000 to update its functions and membership to make the organisation fit and appropriate for the 21st century. One of the reforms was to set up an independent Fitness to Practise Panel made up of people who are not members of the council. A pool from which the membership of the disciplinary committees would be formed thus allowed the council to concentrate on strategy, such as setting standards, and also ensuring that there was no risk of compromising the integrity and impar­tiality of conduct hearings. This pool consists of dental professionals (dentists and dental care professionals) and lay members.
Panel members are initially appointed for 5 years and have been given appropriate training for their task. As has always been the case, appropriate legal advice is always available for all conduct hearings.
Fitness to Practise Investigations
Outlined below are stages and committees which can be involved if concerns are raised to the GDC. The details have the potential to change over time, and these processes are related to the United Kingdom; however, they are likely to be mirrored by regulators/organisations around the
world. For location-specific information and specific detail, the reader should access information directly from the relevant regulator.
Initial Assessment of Concern or Received Information
When concerns are raised to the GDC, they undergo an initial assessment by the Initial Assessment Decision Group (IADG); this consideration uses the Initial Assessment Test (IAT). The group considers whether, in principle, the con­cern would be a fitness to practise issue if it were proven true and also the risk involved which informs the urgency of any investigation. If a more urgent process is indicated, this is the Interim Orders Committee (IOC).
There are specific circumstances when IADG may refer low-level concerns which do not give rise to a fitness to practise concern, to the NHS. There are categories within which concerns referred to the NHS must fit.
Investigating Committee
The Investigating Committee (IC) considers if allegations should be referred to a Practice Committee for a full inquiry. Meetings of this committee, which is made up of trained members drawn from an independently appointed pool, are held in private. This committee can:
n
close the case should no further action be needed
n
adjourn the case for further information
n
issue a letter of advice
n
issue a letter of warning to the registrant, which, if appropriate, may be published on the GDC’s website, or
n
refer the case to a Practice Committee for a full inquiry and, if necessary, refer the case immediately to the In­terim Orders Committee to consider if action is required before a full inquiry by a practice committee.
The remaining committees are drawn from the FtP Panel.
The Interim Orders Committee
At any stage in the investigation, a case may be referred to this committee. This committee has the power when neces­sary to protect the public, the public interest or the regis­trant themselves pending the outcome of the case. It does not investigate allegations or conduct a fact-finding exercise. If necessary, this committee can:
n
suspend a registrant for up to 18 months, with 6-monthly reviews
n
impose conditions on a registrant for up to 18 months, with 6-monthly reviews
n
decide that no order is necessary.
The Practice Committees
There are three Practice Committees whose role is to de­termine whether a registrant’s fitness to practise is im­paired and, if so, what action has to be taken to protect patients. Also, these committees have the direct power to impose interim suspension, or conditions limiting the field of practice, if it is considered that immediate action to protect the public is needed pending the final outcome of a particular case. If one of these committees considers it appropriate, it can refer a case directly to another practice committee.
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These committees are:
the professional conduct committee. This committee inves-
tigates cases involving conduct issues. It has the power to:
n
conclude a case without further action if it is considered that fitness to practise is not impaired
n
issue a reprimand
n
impose conditions on the registrant for up to 3 years, for example, prohibiting a registrant from working in a particular field of practice, to take immediate effect if required
n
suspend a registrant for up to 12 months, with or with­out a review. Again, with immediate effect if required
n
erase a registrant from the register, which recently became for a compulsory minimum of 5 years.
n
refer the case back to case examiners, the Investigating Committee or to the Interim Orders Committee or one of the other practice committees.
After July 2006, any new case reported to the GDC that is assessed by the Professional Conduct Committee is no longer judged as being guilty or not guilty of serious profes-
sional misconduct but whether or not their fitness to practise is impaired. Also under these rules, the committee can sanc-
tion a suspension with review, which gives the committee the power to recall the suspended registrant before the end of the period of suspension to check whether or not the sus­pended person is fit to be returned to the register.
the professional performance committee (ppc). This com-
mittee deals with cases where it appears that a registrant’s performance may be deficient, and that deficiency would mean an impairment to fitness to practise.
This committee can impose conditions or suspend registra­tion in the same way as the Professional Conduct Committee.
the health committee. The Investigating Committee refers
cases to this committee where it appears that fitness to prac­tise is due to a health condition. This committee can impose the same sanctions as the other practice committees, includ­ing referral back to case examiners, the Investigating Com­mittee or other practice committees. It cannot, however, erase a dentist from the register if it determines that fitness to practise is impaired solely as a result of adverse physical or mental health.
The GDC, on their website, have learning points from the fitness to practise process, including the types of issues rep­resented. Examples include the types of clinical treatment concerns, conduct concerns and consent concerns which have led to cases being opened for further investigation.
Advertising
Guidance on advertising has been issued by the GDC, which took effect from 30 September 2013. This incorpo­rates important recommendations in the Code of Ethics for Dentists in the EU. The GDC clearly states that whenever the name of a registrant appears on any form of advertis­ing, it remains the responsibility of that individual dental professional to ensure the accuracy of their personal infor­mation appearing.
It states specifically that:
n
if mentioned on a website as providing dental care as a dental professional, his or her professional qualification(s) and the country where it was obtained is stated
n
clear language that patients will understand is used
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all claims made are backed up with facts
n
ambiguous statements are avoided
n
no statements of claims are made that could create an unjustified expectation of achievable results
n
only dentists on a GDC specialist list can refer to them­selves as a ‘specialist in …’
n
dentists not on a specialist list should not use specialist titles such as Endodontist, Orthodontist, etc.
n
dentists who limit their practice completely or mainly to a particular form of treatment should use terms such as ‘practice limited to . . . ’; ‘experienced in . . . ’ or ‘special interest in . . . ’.
All information and publicity regarding dental services
should meet the following criteria:
n
Be legal, decent, honest and truthful.
n
State whether the practice is NHS, mixed or wholly private.
n
Information should be balanced, factual and in a language that patients understand to help them make informed choices about their treatment.
n
Products should only be recommended if they are the best way to meet patients’ needs.
Websites
In addition to the above, websites should include:
n
the name and geographic address of the dental practice/ service
n
full contact details of the practice/service, including telephone number and email address
n
the GDC’s full contact details or a link to the GDC website
n
details of the practice’s complaints procedure, and de­tails of who patients may contact if they are not satisfied with the response from the practice
n
the date when the website was last updated.
Websites should be regularly updated to accurately reflect the current personnel and the services offered. No compara­tive information comparing the skills or the qualifications of one dental professional with another should ever be displayed. Listing memberships of professional associations and societies, or honorary degrees, can be misleading and imply additional skills. It would be sensible for registrants to consider this infor­mation and how it may mislead patients or be criticised as misleading patients, and ensure current guidance is followed.

OTHER REQUIREMENTS FOR THE PRACTICE OF DENTISTRY

Following qualification, a dental surgeon is immediately eligible for full registration with the GDC. Before commenc­ing the practice of dentistry, however, there are several re­quirements or recommendations that should be carried out in addition to registering with the GDC.
n
the registrant must ensure information is current and accurate
n
his or her GDC registration number is included
Professional Indemnity
Dentists have always been advised to have professional in­demnity (insurance) cover in the unfortunate occurrence
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315
that they are sued for damages or their actions are investi­gated by a statutory body. However, since November 2015, the GDC has made proof of sufficient indemnity cover a requirement of being on the Register. This was in further clarification of the Amendment Order 2005 (of the Dentists Act 1984), which made adequate and appropriate insur­ance (professional indemnity) compulsory for retention on the Dentists or the Dental Care Professionals Registers.
Until 2019, there were three organisations in the United Kingdom that provide indemnity for dentists and doctors. These are mutual organisations, which mean that the or­ganisation belongs to the members and all profits made by these organisations have to go to the benefit of the members (unlike a limited company where owners or shareholders reap the benefit of any profits). These organisations are:
n
the Dental Defence Union (a subsidiary of the Medical Defence Union)
n
Dental Protection (a subsidiary of the Medical Protec­tion Society)
n
the Medical and Dental Defence Union of Scotland.
These non-profit making (mutual) organisations provide members with indemnity against any legal action brought by patients; advice and assistance on medicolegal matters; legal representation at courts, tribunals or professional committee hearings on disciplinary matters and general advice on professional conduct.
Hospital trusts and health authorities as employers of salaried practitioners have corporate indemnity should a patient sue the organisation or individual employees. How­ever, this cover does not include representation of a practi­tioner at tribunals or disciplinary hearings of any sort. Therefore, it is advisable to belong to one of the professional protection organisations; these organisations offer lower rates of subscription for those practitioners who have in­demnity from their employers.
In 2019, the British Dental Association set up its own in­demnity scheme restricted to British Dental Association (BDA) members who practice in the United Kingdom (ex­cluding those practising in the Isle of Man or the Channel Islands). This is a hybrid scheme, where advice, assistance and case management is provided by an expert team of se­nior BDA members, whilst legal representation and financial indemnity is provided by a major UK insurance company.
The indemnity cover with all the above organisations is ‘occurrence based,’ which means that the policy has to be active when an unfortunate incident or treatment oc­curred. This is important as patients have the automatic right to claim in court for up to 3 years after they were aware of any damage or negligence from treatment. Also, in extenuating circumstances, the courts may extend this 3-year limit.
Professional indemnity is also available on the commer­cial market, but this normally has a maximum limit of indemnity and only provides cover within the time of the insurance contract (i.e. a ‘claims made’ contract, so that it may be necessary to continue to have the insurance for several years after retirement!). Therefore it is important to carefully check the contract of your insurance to ensure continuing cover. This is an important factor, which is recognised and covered by the professional protection organisations, as there may be a delay of several years
between an incident occurring and a patient bringing an action for damages, and is referred to as ‘Incurred But Not Reported’ (IBNR). Also, it is unlikely that advice on medi­colegal matters, legal representation at tribunals or pro­fessional committee hearings on disciplinary matters, or general advice on professional conduct would be available with commercial insurance cover.
Whoever you choose to obtain professional indemnity from, the premium that will be charged will depend on the scope of your practice.
The First Steps
For many years, there was nothing to prevent a dental sur­geon on qualification and initial registration from setting up in single-handed private practice, but the benefit of a period of a supervised practice cannot be overemphasised. The majority of UK dental graduates undertake a year of Dental Foundation Training (DFT) in general practice on qualifying. Foundation training, previously known as Voca­tional Training (VT), is under the supervision of Regional Postgraduate Dental Deans and provides a very good intro­duction to the practice and business of dentistry. Successful completion of Dental Foundation Training allows entry to the NHS Performers List in England and Wales and Health Boards in Scotland and Northern Ireland.
Recruitment to Dental Foundation Training in England, Wales and Northern Ireland is by a national recruitment process, and recruitment to Scottish schemes is currently managed separately. National recruitment involves com­petitive assessment, and at the time of writing included online Situational Judgement Testing (SJT) and face-to-face assessment stations. The Dental Foundation Training Curricu- lum, which includes a competency framework and detail of assessment, can be found on the COPDEND website (www.
copdend.org).
Continuing Education
There are several important aspects to postgraduate training and education.
Further information and detail of postgraduate and specialty training can be found on the specialty training section of the NHS Health Education England website (www.hee.nhs.uk), on the postgraduate training section of the COPDEND website (www.copdend.org) and the den- tal faculty sections of the Royal Surgical Colleges.
Dental Core Training (DCT)
This is a recognised, standalone period of training with a number of exit points. It occurs after DFT and prior to entry to specialty training. There are DCT 1, 2 and 3 posts, each with competitive entry. Trainees will have clinical and educational supervisors, the level of skills and attributes develops through the training years. Further information about DCT recruitment and the curriculum can be found on the COPDEND website.
Specialist Training
There is a national recruitment and benchmarking process for places on specialty training programmes. The bench­marking process ensures that individuals who gain entry to specialty training have demonstrated an appropriate level of knowledge, clinical skills and experience. On successful
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completion of the appropriate period of higher professional training and obtaining any required postgraduate qualifi­cations, a certificate of completion of specialist training (CCST) will be issued, and that dentist will then be eligible to apply to join a specialist list held by the GDC.
General Dental Practice
There is no formalised postgraduate equivalent training in general dental practice, but general practitioners can un­dertake further study to sit for various diplomas awarded by the Royal Surgical Colleges.
The Royal Surgical Colleges are associated with numerous opportunities for postgraduate development. An example of recognition of additional training is through the award of Fellowships and Memberships of the various Colleges. In addition to examinations and assessments, the Colleges offer learning through events and courses and support in personal development.
Continuing Professional Education
It is essential that dental surgeons, or members of any other profession, continue to update their knowledge and exper­tise throughout the whole of their professional practising life. Learning more about dentistry should continue until at least retirement to provide the best for one’s patients.
As detailed previously, continuing professional education/ development is now a prerequisite to remaining registered with the GDC.
Professional Organisations and Societies
It is not compulsory to join any organisation or society con­nected with dentistry, but all dentists practising in the United Kingdom are recommended to join the BDA. The BDA is the official negotiating body with the government on matters concerning general dental practice and the com­munity dental service. It also contracts with the British Medical Association to negotiate on behalf of the hospital dental service and clinical academic staff.
Advice on all aspects of dental practice is available to members from the BDA, and it has a large library available to members. The BDA publishes many advice booklets, which are regularly updated, as well as giving individual advice on request. The British Dental Journal is published on behalf of the BDA and contains scientific papers and useful review ar­ticles. Also in the BDJ Portfolio of publications is the BDJ In Practice, published monthly, which updates members on developments and issues affecting dental practices including legal and ethical matters pertaining to all aspects of den­tistry. As it is a registered trade union, the BDA can assist members who have problems relating to their employment.
There are also many specialist dental societies, and it is worthwhile joining those related to any special interest. Dental surgeons undergoing higher professional training are strongly recommended to join the appropriate specialist society or societies pertaining to their specialty.
successfully in the patient’s best interest, as well as having the necessary equipment and materials available to complete the task.
Referrals
If a dental surgeon does not feel competent to complete a particular treatment for their patient, or if the patient re­quests a second opinion, then that patient should be referred to a colleague or specialist. Referrals can be made by multiple routes of communication including paper-based or electronic means, but in cases of acute emergency or life-threatening conditions, telephone referral can be acceptable.
All correspondence of referral should contain:
n
the patient’s full contact details and appropriate demo­graphic information
n
the reason for the referral
n
whether the patient is referred for:
n
an opinion only
n
a special investigation only, e.g. advanced imaging
n
treatment of a specific condition
n
complete and continuing treatment.
n
the patient’s medical history
n
details of any relevant treatment already carried out
n
whether the patient has requested NHS or private treatment.
There are specific criteria for referrals for general anaes-
thesia and sedation, which are described later in this chapter.
It would be considered best practice for the person re­ceiving the referral to focus treatment and advice to that requested by the referrer. It could be considered negligent to not offer comment on observations made during a con­sultation. It would be expected that the person receiving the referral should inform the referring practitioner of their decision, observations made and any proposed treat­ment, by written correspondence. In the case of a referral for an investigation, rather than treatment, a comprehen­sive report of that investigation would be expected to be sent to the referring dentist.
On completion, a letter of information should be sent to the referrer, with a copy to any other party relevant to the patient’s care (e.g. the patient’s general medical practitioner), and offered to the patient.

12.5 Records and Documentation

LEARNING OBJECTIVES
You should:
• realise the importance of neat contemporaneous
records detailing all aspects of patient care
• have a clear understanding of informed consent prior
to undertaking any treatment
• be aware of the importance of a chaperone.
Ability and Experience
Ability and experience are essential matters of self-regulation throughout one’s professional life, not just at the beginning. Prior to undertaking any particular item of treatment for a patient, a dental surgeon must be certain that (s)he has both the ability and the experience to complete the treatment

RECORDS

The patient’s records do not just consist of clinical notes but also include radiographs, referral letters and replies, study models, occlusal recordings, photographs, dental laboratory