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In May 2021, someone contacted the local health board to report concerns that Covid protocols were not being followed at the registrant’s dental practice, including with breaches of PPE guidance, insufficient cleaning, failure to warn patients and staff about a possible Covid outbreak, and failure of the dental practice to cooperate with the local "Test and Protect" team. The local council used its powers under Covid regulations to close the practice for several weeks. Following an investigation by the health board, concerns also arose that the registrant (who is co-director of the dental practice) had been treating patients without the support of another dental professional, contrary to GDC requirements. The GDC registrar raised the specific allegations listed below and, overall, it is alleged the registrant was not fully fit to practice because of misconduct. The specific allegations were: 1. You provided dental treatment without adequate support. 2. You failed to maintain adequate standards of cross infection control. 3. You failed to adhere to current (laws and) regulations (in force at the time) in respect of: a. Carrying out AGPs [aerosol generating procedures] without the required respiratory protective equipment. 4. You failed to comply with an undertaking issued by NHS Grampian in relation to carrying out aerosol generating procedures on patients. 5. Your actions at allegations 1, 2, 3 and 4 put patient safety at risk. The registrant admitted all the allegations, and apologised, saying this had been a very difficult time in general dental practice and that, like others, he had had to cope with staff absence at short notice and a constantly changing clinical situation, “reflected in the frequently updated (and sometimes contradictory) guidance”. The case examiners found a real prospect that all the allegations would be found proved and that this would be found to amount to misconduct. The case examiners took into account guidance in the Case Examiner Guidance Manual and Case Examiner Indicative Outcomes Guidance and decided a warning was appropriate. This is so the registrant is fully aware of risks to public confidence in the profession, and to give him the opportunity to reflect further on how he conducts himself in his clinical practice. Publishing the warning will have the effect of highlighting to the wider profession that such conduct is unacceptable. This will in turn help protect the public and maintain public confidence in the profession. The registrant is reminded he may need to disclose the warning in future where required, and that it will form part of their GDC ‘‘fitness to practise” history even after it is no longer published. The GDC’s Standards for the Dental Team (2013) sets out the standards of conduct, performance and ethics that govern dental professionals. It specifies the principles, standards and guidance which apply to all members of the dental team. It also sets out what patients can expect from their dental professionals. The case examiners have taken this into account when considering the issue of misconduct. The document sets out standards and guidance including: Standard 1.5 You must treat patients in a hygienic and safe environment Standard 1.9 You must find out about laws and regulations that affect your work and follow them Standard 6.2 You must be appropriately supported when treating patients Standard 6.6 You must demonstrate effective management and leadership skills if you manage a team Standard 7.1 You must provide good quality care based on current evidence and authoritative guidance Standard 8.1 You must always put patients’ safety first.

The case examiners warn the registrant that: • He must ensure that, at all times, he complies with the laws and regulations that are designed to protect patients, and which will consequently maintain public confidence in the dental profession. • He must ensure he is appropriately supported when treating patients and that any exceptional circumstances negating this requirement are in keeping with those circumstances as set out in the GDC’s Standards for the Dental Team publication. Any further such concerns arising are likely to be taken seriously and to lead to the GDC taking action to restrict his ability to practice.

In Public 1. He must provide the GDC, within seven days, the contact details and arrangements for any appointment he accepts or are currently undertaking which requires GDC registration, and all the GDC to exchange information with his employer or any contracting body for which you provide dental services. He must also provide the GDC, within seven days, the contact details for the commissioning body in whose Dental Performers List you are included or seeking inclusion (at the time of application). 2. From the date that these conditions take effect, he must inform the GDC within seven days of being notified of: a. Any formal disciplinary action taken against him. b. Any NHS investigation. c. Any regulatory or enforcement action taken against him or a practice for which he is the registered provider. d. Any patient complaint received about his clinical practice or conduct at work. 3. He must inform the GDC, within seven days of these conditions taking effect, if he is registered with any overseas regulator (or equivalent authority) or within seven days of making an application for registration with any overseas regulator or equivalent authority. 4. At any time he is employed to provide orthodontic dental services which require him to be registered with the GDC, he must remain under the close supervision* of a workplace supervisor nominated by him and approved by the GDC. The workplace supervisor must be a GDC registered dentist with at least five years’ experience in orthodontics. He must not restart work until his proposed workplace supervisor has been approved by the GDC. 5. He must provide reports from his workplace supervisor to the GDC every three months and at least 14 days prior to any review hearing. The reports should address orthodontic practice, assessments, treatment plans, record keeping, radiography and patient communication. 6. He must maintain a log of every orthodontic case he undertakes. The log must be reviewed or signed by the Workplace Supervisor and submitted to the GDC with the workplace supervisor report every three months, and at least 14 days prior to any review hearing. 7. He must provide a copy of this log to the GDC every three months and at least 14 days prior to any review hearing, or, alternatively, provide a statement, which has been counter-signed by his workplace supervisor confirming there have been no such cases. 8. He must inform, within seven days, the following parties that his registration is subject to the conditions listed at 1 to 10: i. Any organisation or person employing him or who has an arrangement with him to undertake dental work ii. Any professional regulatory body he is registered with, or apply to be registered with (at the time of application) iii. Any prospective employer (at the time of application) iv. The Commissioning body or Health Board in whose Dental Performers List he is included, or seeking inclusion (at the time of application) v. The NHS England regional director of public health vi. Health Improvement Scotland. He must forward written evidence of his compliance with this condition to the GDC within seven days of notifying the relevant parties of your conditions. 9. If he undertakes work as a locum or any out-of-hours work or on-call duties he must not undertake orthodontic work in the performance of these duties. 10. He must permit the GDC to disclose the above conditions to any person requesting information about his registration status.

*Closely supervised: the workplace supervisor must supervise the registrant’s day-today work in a way prescribed in the relevant condition or undertaking. The workplace supervisor must always be on site and available when the registrant is working. Where the workplace supervisor is unavailable through illness or planned absence, the registrant must not work unless an approved alternative workplace supervisor is in place. The workplace supervisor must review the registrant’s work at least twice a week in one-to-one meetings using case-based discussions. These meetings must focus on all areas of concern identified by the conditions or undertakings. These meetings can be in person or via video conferencing.