UK Statutory Instrument SI 2005/3373 United Kingdom

The National Health Service (Personal Dental Services Agreements) Regulations 2005

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Contractor63 Any Person2

Plus 6 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Contractor — also bound by 173 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

sch. 4 sch. 4 Regulated
  • Provide patient leaflet with required practice detailsContractor
s.015 Under-provision of units of dental activity, units of orthodontic activity or required number of urgent treatments Regulated
Other duties (1) — Crown / regulator
  • NHS England must not penalise small shortfalls in dental or orthodontic activity if made up within 60 daysStatutory regulator
s.018 Fees, charges and financial interests of the contractor Regulated
  • Do not charge NHS patients except as allowed and avoid financial conflicts in treatment decisionsContractor
s.021 Right to a general dental services contract Regulated
  • Notify NHS England before switching to a general dental services contractContractor
29 other provisions — procedural and definitional
s.001 Citation, commencement and application
s.002 Interpretation
s.003 Conditions: introductory
s.004 General conditions relating to all agreements
s.005 Additional conditions relating to agreements with dental corporations or companies limited by shares
s.006 Reasons
s.007 Appeal
s.008 Pre-agreement disputes
s.009 Health service body status
s.010 NHS contracts
s.011 Additional services
s.012 Agreements: general
s.013 Units of dental activity
s.013 Required number of urgent treatments
s.013 Complex care pathways
s.014 Units of orthodontic activity
s.014 Units of dental activity for contractors who elect to enter into a prototype agreement
s.014 Capitated patient figures for contractors who elect to enter into a prototype agreement
s.014 Capitated patients
s.016 Domiciliary services and sedation services
s.017 Finance
s.017 Publication of information about earnings
s.019 Arrangements on termination
s.020 Other contractual terms
s.020 Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement
s.020 Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement
s.020 Variation of contractual terms in respect of election to enter into a prototype agreement
s.020 Suspension of agreement terms or of enforcement of agreement terms while a disease is or in anticipation of a disease being imminently pandemic etc.
s.022 Commencement of agreement
Schedules

Schedules

67 of 144 shown
s.sch001 Referral services Regulated
  • Provide referral treatment plan to patient at first examinationContractor
s.sch001 Sedation services Regulated
  • Provide sedation services only per official clinical guidelinesContractor
s.sch001 Patients to whom orthodontic services may be provided Regulated
  • Only provide NHS orthodontic treatment to patients meeting age and clinical need criteriaContractor
s.sch001 Orthodontic course of treatment Regulated
  • Provide orthodontic treatment as a course of care and complete within a reasonable timeContractor
s.sch001 Orthodontic treatment plans Regulated
  • Give patient an orthodontic treatment planContractor
s.sch001 Monitoring outcomes Regulated
  • Monitor orthodontic outcomes and calculate peer assessment ratingsContractor
s.sch001 Completion of orthodontic courses of treatment Regulated
  • Report orthodontic treatment completion and provide reasons for non-completion if askedContractor
s.sch003 Persons to whom mandatory services or additional services are to be provided Regulated
  • Do not refuse dental services on discriminatory groundsContractor
s.sch003 Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services Regulated
  • Refer patients for advanced NHS dental services not provided under your agreementContractor
s.sch003 Mixing of services provided under the agreement with private services Regulated
  • Do not improperly mix NHS and private dental services or mislead patients to obtain private agreementContractor
s.sch003 Repair or replacement of restorations Regulated
  • Repair or replace certain dental restorations free of charge within 12 monthsContractor
s.sch003 Premises, facilities and equipment Regulated
  • Provide suitable premises, facilities and equipment for dental servicesContractor
s.sch003 Telephone services Regulated
  • Do not use premium-rate phone numbers for patient contactContractor
s.sch003 National Institute for Clinical Excellence guidance Regulated
  • Follow NICE guidance on dental recall intervalsContractor
s.sch003 Infection control Regulated
  • Establish appropriate infection control and decontamination arrangementsContractor
s.sch003 Treatment under general anaesthesia: prohibition Regulated
  • Do not provide dental treatment under general anaesthesiaContractor
s.sch003 General Regulated
  • Ensure prescription forms comply with requirements for listed drugs, medicines or appliancesContractor
s.sch003 Patient preference of practitioner Regulated
  • Inform patients of their right to choose a dentist and respect their preferenceContractor
s.sch003 Issue of prescription forms Regulated
  • Issue prescription forms correctly for patientsAny Person
s.sch003 Excessive prescribing Regulated
  • Do not prescribe excessive drugs, medicines or appliancesContractor
s.sch003 Performers: further requirements Regulated
  • Ensure only registered and qualified staff perform clinical servicesContractor
s.sch003 Conditions for employment and engagement: dental practitioners performing dental services Regulated
  • Check dental practitioner qualifications before employing or engagingContractor
s.sch003 Conditions for employment and engagement: persons performing dental services other than dental practitioners Regulated
  • Check dental care professional's experience and registration before employing themContractor
s.sch003 Conditions for employment and engagement: all persons performing dental services Regulated
  • Check clinical references before hiring staff to perform dental servicesContractor
s.sch003 Conditions for employment or engagement: persons assisting in the provision of services under the agreement Regulated
  • Check that staff are qualified and competent before hiringContractor
s.sch003 Training Regulated
  • Provide ongoing training for dental staffContractor
s.sch003 Level of skill Regulated
  • Carry out dental services with reasonable care and skillContractor
s.sch003 Appraisal and assessment Regulated
  • Ensure dental practitioners participate in NHS appraisal and cooperate on patient safetyContractor
s.sch003 Sub-contracting of clinical matters Regulated
  • Sub-contract clinical services only with due diligence and notify NHS EnglandContractor
s.sch003 Patient records Regulated
  • Keep full, accurate and contemporaneous patient recordsContractor
s.sch003 Confidentiality of personal data Regulated
  • Nominate a person responsible for data confidentialityContractor
s.sch003 Patient information Regulated
  • Display patient information and provide patient information leafletContractor
s.sch003 Information about the contractor’s practice Regulated
  • Provide and maintain accurate practice profile for NHS.uk websiteContractor
s.sch003 Provision of and access to information: NHS England Regulated
  • Provide NHS England with requested information including patient recordsContractor
s.sch003 Inquiries about prescriptions and referrals Regulated
  • Answer NHS England inquiries about prescriptions and referralsContractor
s.sch003 Notification of a course of treatment, orthodontic course of treatment etc. Regulated
  • Notify NHS England of completed dental treatment within 2 monthsContractor
s.sch003 Annual report and review Regulated
Other duties (1) — Crown / regulator
  • NHS England must provide annual report, arrange review, and send final recordCrown / Minister / Government department
s.sch003 Notifications to NHS England Regulated
  • Notify NHS England of serious incidents, information changes, and dental practitioner changesContractor
s.sch003 Notice provisions specific to an agreement with a limited liability partnership Regulated
  • Notify NHS England of insolvency events and LLP membership changesAny Person
s.sch003 Notifications to patients following a variation of the agreement Regulated
  • Display change of services notice in practice premisesContractor
s.sch003 Notification provisions specific to prototype agreements Regulated
  • Send private treatment details to NHS England and give patients privacy noticeContractor
s.sch003 Entry and inspection by NHS England Regulated
  • Allow NHS England to enter and inspect practice premisesContractor
s.sch003 Entry and inspection by the Care Quality Commission Regulated
  • Allow CQC inspectors to enter and inspect your premisesContractor
s.sch003 Entry and viewing by Local Healthwatch organisations Regulated
  • Allow Local Healthwatch representatives to enter and observe your dental practiceContractor
s.sch003 As regards complaints relating to any matter reasonably connected with... Regulated
  • Put in place a formal NHS complaints procedureContractor
s.sch003 Provision of information Regulated
  • Report complaint numbers to NHS England as requiredContractor
s.sch003 Local resolution of agreement disputes Regulated
  • Resolve disputes co-operatively before formal proceedingsContractor
s.sch003 Mid-year reviews Regulated
Other duties (1) — Crown / regulator
  • NHS England must conduct mid-year reviews of dental activity if performance is below 30%Statutory regulator
s.sch003 Action NHS England can take following a mid-year review Regulated
Other duties (1) — Crown / regulator
  • NHS England must repay withheld monies if contractor meets targets or shortfall is ≤4%Statutory regulator
s.sch003 Friends and Family Test Regulated
  • Offer Friends and Family Test to all patients and report resultsContractor
s.sch003 Mandatory services Regulated
  • Provide mandatory dental services (urgent and routine) as per NHS agreementContractor
s.sch003 Variation of an agreement: activity under the agreement Regulated
  • Notify and cooperate if you need to change dental activity levelsContractor
s.sch003 Variation of an agreement: rebasing for persistent under performance Regulated
Other duties (1) — Crown / regulator
  • NHS England may reduce your dental activity contract for persistent underperformanceStatutory regulator
s.sch003 Course of treatment Regulated
  • Complete dental treatment courses within reasonable time and notify NHS England if unableContractor
s.sch003 Termination by NHS England: remedial notices and breach notices Regulated
  • Remedy breaches notified by NHS England within the notice periodContractor
s.sch003 Agreement sanctions Regulated
Other duties (1) — Crown / regulator
  • NHS England must notify contractor before imposing agreement sanctionsStatutory regulator
s.sch003 Evidence of exemption under the Act Regulated
  • Record evidence of dental treatment exemption claimsContractor
s.sch003 Clinical governance arrangements Regulated
  • Appoint a clinical governance lead and comply with NHS England's arrangementsContractor
s.sch003 Duty as to education and training Regulated
  • Cooperate with health authorities on education and trainingContractor
s.sch003 Quality assurance system Regulated
  • Set up a practice-based quality assurance systemContractor
s.sch003 Insurance: negligent performance Regulated
  • Maintain professional indemnity insurance for dental servicesContractor
s.sch003 Treatment plans Regulated
  • Provide a treatment plan to each patient and follow its requirementsContractor
s.sch003 Public liability insurance Regulated
  • Hold adequate public liability insuranceContractor
s.sch003 Gifts Regulated
  • Keep a register of gifts over £100 from patientsContractor
s.sch003 Compliance with legislation and guidance Regulated
  • Comply with all relevant legislation and have regard to NHS guidanceContractor
s.sch003 Signing of documents Regulated
  • Include signatory name and profession on clinical documents and formsContractor
s.sch003 Completion of courses of treatment Regulated
  • Indicate treatment completion and provide reasons for incomplete coursesContractor
77 other schedules
s.sch001 Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
s.sch002 (1) Subject to paragraph 1A of this Schedule, where the...
s.sch002 (1) Where the contractor provides either or both of the...
s.sch002 (1) A reference to the sum specified for payment in...
s.sch002 Where the contractor provides a charge exempt course of treatment,...
s.sch002 Sub-band 2a treatments
s.sch002 Sub-band 2b treatments
s.sch002 Sub-band 2c treatments
s.sch002 (1) Where the contractor provides an orthodontic course of treatment...
s.sch002 Care to be provided under a complex care pathway
s.sch002 A reference to the sum specified for payment in Table...
s.sch002a (1) Where a contractor holding a Blend A prototype agreement...
s.sch003 Supply of drugs
s.sch003 Dental Practitioners
s.sch003 Dental care professionals
s.sch003 Violent patients
s.sch003 Requests for information from Patients' Forums
s.sch003 Complex care pathway initial declaration
s.sch003 Complex care pathway interim declarations
s.sch003 Suspension of complex care pathways
s.sch003 Declaration of incomplete complex care pathway
s.sch003 Complex care pathway final declaration
s.sch003 Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
s.sch003 Notice provisions specific to an agreement with a dental corporation
s.sch003 Notice provisions specific to an agreement with a company limited by shares
s.sch003 Entry and inspection by members of Patients' Forums
s.sch003 Complaints procedure
s.sch003 Making of complaints
s.sch003 Period for making complaints
s.sch003 Irrevocable breakdown in relationship between contractor and patient
s.sch003 Further requirements for complaints procedures
s.sch003 Co-operation with investigations
s.sch003 Dispute resolution: non-NHS contracts
s.sch003 NHS dispute resolution procedure
s.sch003 Determination of dispute
s.sch003 Interpretation of Part 7
s.sch003 (1) Subject to paragraph 32(3), no amendment or variation shall...
s.sch003 Termination by agreement
s.sch003 Termination on the death of an individual
s.sch003 Termination by the contractor
s.sch003 Late payment notices
s.sch003 Termination by NHS England: general provisions
s.sch003 Termination by NHS England: notice
s.sch003 Termination by NHS England for the provision of untrue etc. information
s.sch003 Termination by NHS England on grounds of suitability etc.
s.sch003 Termination by NHS England: patient safety and material financial loss
s.sch003 Termination by NHS England: additional provisions specific to contracts with dental corporations, companies limited by shares and limited liability partnerships
s.sch003 Agreement sanctions and the NHS dispute resolution procedure
s.sch003 Termination and the NHS dispute resolution procedure
s.sch003 Third party rights
s.sch004 The name of the party or parties comprising the contractor....
s.sch004 The rights of a patient to express a preference of...
s.sch004 The services available under the agreement.
s.sch004 The normal surgery days and hours of the practice.
s.sch004 The arrangements for dental services for the hours and days...
s.sch004 If the services in paragraph 13 are not provided by...
s.sch004 The telephone number of NHS Direct and details of NHS...
s.sch004 How patients may make a complaint or comment on the...
s.sch004 The rights and responsibilities of the patient, including keeping appointments....
s.sch004 The action that may be taken where a patient is...
s.sch004 Details of who has access to patient information (including information...
s.sch004 In the case of an agreement with a dental corporation—...
s.sch004 The name, postal and website address and telephone number of...
s.sch004 The full name, postal, email and website address, and telephone...
s.sch004 In the case of an agreement with a company limited...
s.sch004 In the case of an agreement with a limited liability...
s.sch004 The full name of each person performing services under the...
s.sch004 In the case of each person performing dental services under...
s.sch004 Whether the contractor undertakes the teaching or training of persons...
s.sch004 The address of each of the practice premises.
s.sch004 The contractor's telephone and fax numbers and the address of...
s.sch004 Whether the practice premises have suitable access for disabled patients...
s.sch004 How to request services as a patient.
s.sch004 A patient leaflet shall include—
s.sch005 Paragraphs 3 and 5 of Schedule 3 shall apply as...
s.sch005 As if for paragraph 3, there were substituted the following—...
s.sch005 As if for paragraph 5, there were substituted the following—...

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