Referral services
- Provide a referral treatment plan to patients at first examination
UK Statutory Instrument
2005
United Kingdom
The National Health Service (General Dental Services Contracts) Regulations 2005
At a glance
What's here
70 compliance obligations
Who this Act binds
Plus 4 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Sedation services
- Follow SDAC sedation guidelines when treating patients
Patients to whom orthodontic services may be provided
- Only provide orthodontic treatment to patients with sufficient clinical need
Orthodontic course of treatment
- Provide orthodontic services as a course of treatment and complete it within a reasonable time
Orthodontic treatment plans
- Provide orthodontic patients with a detailed NHS treatment plan
Completion of orthodontic courses of treatment
- Report completion of orthodontic treatment courses to NHS England
Persons to whom mandatory services or additional services are to be provided
- Do not refuse dental services on discriminatory grounds
Mixing of services provided under the contract with private services
- Do not mislead patients about NHS dental services or provide certain treatments
Repair or replacement of restorations
- Repair or replace failed restorations free of charge within 12 months
Premises, facilities and equipment
- Ensure dental practice premises, facilities and equipment are suitable and sufficient
Telephone services
- Do not use premium-rate phone numbers for patient contact unless free to caller
National Institute for Clinical Excellence guidance
- Follow NICE guidance on dental recall intervals
Infection control
- Have infection control and decontamination arrangements in place
Treatment under general anaesthesia: prohibition
- Do not provide general anaesthesia under the contract
General
- Ensure prescription forms comply with regulatory requirements
Issue of prescription forms
- Issue NHS prescription forms for drugs, medicines and appliances
Patient preference of practitioner
- Inform patients of their right to choose a dentist and record their preference
Excessive prescribing
- Do not prescribe excessive or unnecessarily costly drugs and appliances
Performers: further requirements
- Ensure clinicians are registered, qualified, and comply with conditions
Conditions for employment and engagement: dental practitioners performing dental services
- Check dental practitioner eligibility before employment
Conditions for employment and engagement: persons performing dental services other than dental practitioners
- Check qualifications and registration before employing dental care professionals
Conditions for employment and engagement: all persons performing dental services
- Check clinical references before hiring dental staff
Conditions for employment or engagement: persons assisting in the provision of services under the contract
- Check that assistants are suitably qualified and competent before hiring them
Training
- Provide training opportunities to maintain employee competence
Level of skill
- Perform all contract obligations with reasonable care and skill
Appraisal and assessment
- Ensure your dentists participate in NHS appraisal and cooperate on patient safety
Sub-contracting of clinical matters
- Vet and notify NHS England before sub-contracting clinical dental work
Patient records
- Keep full, accurate and contemporaneous patient records
Confidentiality of personal data
- Nominate a person responsible for patient data confidentiality
Patient information
- Display patient information and provide a patient information leaflet
Information about the contractor’s practice
- Keep your dental practice profile accurate on NHS.uk
Provision of and access to information: NHS England
- Provide information to NHS England when requested
Inquiries about prescriptions and referrals
- Answer NHS England inquiries about prescriptions and referrals
Notification of a course of treatment, orthodontic course of treatment etc.
- Notify NHS England of completed dental treatment courses within 2 months
Notification to NHS England
- Notify NHS England of serious incidents, changes, and practitioner movements
Notice provisions specific to a contract with a dental corporation
- Notify NHS England immediately of insolvency events
Notice provisions specific to a contract with two or more individuals practising in partnership
- Notify NHS England of partnership changes
Notice provisions specific to a contract with a limited liability partnership
- Notify NHS England about financial trouble or membership changes
Notification to patients following a variation of the contract
- Display notice of service changes to patients
Notification provisions specific to prototype agreements
- Report private treatment for capitated patients and give privacy notices
Entry and inspection by NHS England
- Allow NHS England inspectors to enter and inspect your dental practice premises
Entry and inspection by the Care Quality Commission
- Allow CQC to enter and inspect your dental practice premises
Entry and viewing by Local Healthwatch organisations
- Allow Local Healthwatch to enter and view your premises
As regards complaints relating to any matter reasonably connected with...
- Maintain a compliant complaints procedure for NHS dental services
Co-operation with investigations
- Co-operate with complaint investigations by NHS England and others
Provision of information
- Report number of complaints to NHS England at required intervals
Local resolution of contract disputes
- Contractor and NHS England must try local resolution before disputes escalate
Mid-year reviews
Other duties (1) — Crown / regulator
- NHS England must conduct mid-year reviews for underperforming dental contractors Statutory regulator
Action NHS England can take following a mid-year review
Other duties (1) — Crown / regulator
- NHS England may impose activity plan or withhold payments if you're behind on targets Statutory regulator
Friends and Family Test
- Give patients opportunity to provide feedback via Friends and Family Test and report/publish results
Course of treatment
- Complete patient treatment courses within a reasonable time
Variation of a contract: activity under the contract
- Notify NHS England if you think dental activity units need changing
Variation provisions specific to a contract with an individual dental practitioner
- Notify NHS England before changing from individual to partnership
Variation provisions specific to a contract with two or more individuals practising in partnership
- When your dental partnership ends, nominate one partner to continue the NHS contract
Treatment plans
- Provide a treatment plan to patients at initial examination
Termination by NHS England: remedial notices and breach notices
Other duties (1) — Crown / regulator
- NHS England must issue remedial or breach notices before terminating dental contracts Statutory regulator
Evidence of exemption under the Act
- Request and record evidence of exemption from NHS dental charges
Clinical governance arrangements
- Comply with clinical governance arrangements and nominate responsible person
Duty as to education and training
- Cooperate with education and training duties of Secretary of State or NHS England
Completion of courses of treatment
- Record treatment completion and reasons on NHS forms
Quality assurance system
- Set up a practice-based quality assurance system covering infection control, H&S, radiation and CPD
Insurance: negligent performance
- Maintain professional indemnity insurance and check subcontractor cover
Public liability insurance
- Hold adequate public liability insurance for third-party claims
Gifts
- Keep a register of gifts worth over £100 from patients or suppliers
Compliance with legislation and guidance
- Comply with all relevant legislation and have regard to NHS guidance
Signing of documents
- Include professional name and business name on signed documents
Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services
- Refer patients for services you cannot provide and give them a referral notice
Browse 65 other Schedules — structural / supplementary
Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
Monitoring outcomes
(1) Where the contractor provides-— (a) a Band 1 or...
Where the contractor provides a charge exempt course of treatment,...
Sub-band 2a treatments
Sub-band 2b treatments
Sub-band 2c treatments
(1) Where the contractor provides an orthodontic course of treatment...
(1) Where a contractor holding a Blend A prototype agreement...
Supply of drugs
Dental practitioners
Dental care professionals
Violent patients
Requests for information from Patients' Forums
Annual report and review
Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
Entry and inspection by members of Patients' Forums
Complaints procedure
Making of complaints
Period for making complaints
Irrevocable breakdown in relationship between contractor and patient
Further requirements for complaints procedures
Dispute resolution: non-NHS contracts
NHS dispute resolution procedure
Determination of dispute
Interpretation of Part 7
Variation of a contract: general
Variation of a contract: rebasing for persistent under performance
Termination by agreement
Termination on the death of an individual dental practitioner
Termination by the contractor
Late payment notices
Termination by NHS England: general
Termination by NHS England: no longer eligible to enter into and breach of conditions of the contract
Termination by NHS England for the provision of untrue etc. information
Termination by NHS England on grounds of suitability etc.
Termination by NHS England: patient safety and material financial loss
Termination by NHS England: additional provisions specific to contracts with two or more individuals practising in partnership, dental corporations, or limited liability partnerships.
Contract sanctions
Contract sanctions and the NHS dispute resolution procedure
Termination and the NHS dispute resolution procedure
Third party rights
The name of the contractor.
How to request services as a patient.
The rights of a patient to express a preference of...
The services available under the contract.
The normal surgery days and hours of the practice.
The arrangements for dental services for the hours and days...
If the services in paragraph 14 are not provided by...
The telephone number of NHS Direct and details of NHS...
How patients may make a complaint or comment on the...
The rights and responsibilities of the patient, including keeping appointments....
The action that may be taken where a patient is...
In the case of a contract with a partnership—
Details of who has access to patient information (including information...
The full name, postal, email and website address, and telephone...
In the case of a contract with a limited liability...
In the case of a contract with a dental corporation—...
The full name of each person performing services under the...
In the case of each person performing dental services under...
Whether the contractor undertakes the teaching or training of persons...
The address of each of the practice premises.
The contractor's telephone and fax numbers and the address of...
Whether the practice premises have suitable access for disabled patients...
A patient leaflet shall include—
Contracts with individuals practising in partnership
- Partnership dental contracts: make contract binding on new partners
Mandatory services
- Provide mandatory dental care and treatment to patients
Under provision of units of dental activity , units of orthodontic activity or required number of urgent treatments
Other duties (1) — Crown / regulator
- NHS England must not penalise minor shortfalls if made up within 60 days Crown / Minister / Government department
Browse 32 other sections — procedural / definitional / commencement
sch. 4
Citation, commencement and application
Interpretation
Conditions: introductory
General prescribed conditions relating to all contracts
Additional prescribed conditions relating to contracts with dental corporations
Reasons
Appeal
Pre-contract disputes
Health service body status
Parties to the contract
NHS contracts
Duration
Additional services
Services: general
Units of dental activity
Required number of urgent treatments
Units of orthodontic activity
Units of dental activity for contractors who elect to enter into a prototype agreement
Capitated patient figures for contractors who elect to enter into a prototype agreement
Capitated patients
Domiciliary services and sedation services
Finance
Publication of information about earnings
Fees, charges and financial interests of the contractor
Arrangements on termination
Other contractual terms
Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement
Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement
Variation of contractual terms in respect of election to enter into a prototype agreement
Suspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.
Commencement of contract
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