Sir, The Healthcare Commission has been concerned for some time about anomalies regarding the regulation of dentists in England who use a Class 4 laser or an Intense Pulsed Light source within their practice. The Healthcare Commission says that dentists have been included under regulation within the Care Standards Act 2000 (CSA) and dentists are affected by the legislation in respect of both NHS and private practices. However, this has been an issue of some contention, as some dentists did not consider that the new legislation applies to their service and there was a lack of clarity in relation to whether dentists were required to be registered with the National Care Standards Commission (NCSC).

The Healthcare Commission is now in receipt of definitive legal advice that advises that dental practitioners carrying out, or wishing to carry out, Class 4 laser treatment must be registered under the Care Standards Act 2000 (CSA), irrespective of whether their lists are wholly private or NHS or a combination of both.

A joint consultation meeting between the Healthcare Commission, the General Dental Council, the British Dental Association and the General Dental Practitioners' Association took place last year to discuss the way forward. The GDPA has expressed concern about both the cost of inspection and the further administrative burden placed on dental practices by this scheme. Inspections may take up to three hours, however much of the information required should already be readily available for routine PCT practice visits under NHS contracts, vocational training inspections or BDA Good Practice assessment.

The Healthcare Commission wants to foster a collaborative approach towards bringing dentists who use Class 4 lasers or Intense Pulsed Light treatments into regulation under the CSA and is advising dentists to apply for registration or they will be considered to be running an unregistered service, which is an offence under the Care Standards Act 2000 Annual inspections are expected to cost at least £1,500 and as there is little likelihood that this fee will be supported by PCTs, the cost will probably contribute to the price of private laser treatment borne by patients.

The Healthcare Commission will endeavour to assist dentists as much as possible in understanding the regulatory process as it affects dental practices and to answer any queries dentists may have. If dentists use class 4 lasers and are not registered under the CSA regulations they are urged to contact the Healthcare Commission at Finsbury Tower, 103-105 Bunhill Row, London EC1Y 8TG or telephone them on 020 7448 9200 as soon as possible.