Referral services
- Provide referral treatment plan to patient at first examination
UK Statutory Instrument
2005
United Kingdom
The National Health Service (Personal Dental Services Agreements) Regulations 2005
At a glance
What's here
69 compliance obligations
Who this Act binds
Plus 6 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
- Provide sedation services only per official clinical guidelines
Patients to whom orthodontic services may be provided
- Only provide NHS orthodontic treatment to patients meeting age and clinical need criteria
Orthodontic course of treatment
- Provide orthodontic treatment as a course of care and complete within a reasonable time
Orthodontic treatment plans
- Give patient an orthodontic treatment plan
Monitoring outcomes
- Monitor orthodontic outcomes and calculate peer assessment ratings
Completion of orthodontic courses of treatment
- Report orthodontic treatment completion and provide reasons for non-completion if asked
Persons to whom mandatory services or additional services are to be provided
- Do not refuse dental services on discriminatory grounds
Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services
- Refer patients for advanced NHS dental services not provided under your agreement
Mixing of services provided under the agreement with private services
- Do not improperly mix NHS and private dental services or mislead patients to obtain private agreement
Repair or replacement of restorations
- Repair or replace certain dental restorations free of charge within 12 months
Premises, facilities and equipment
- Provide suitable premises, facilities and equipment for dental services
Telephone services
- Do not use premium-rate phone numbers for patient contact
National Institute for Clinical Excellence guidance
- Follow NICE guidance on dental recall intervals
Infection control
- Establish appropriate infection control and decontamination arrangements
Treatment under general anaesthesia: prohibition
- Do not provide dental treatment under general anaesthesia
General
- Ensure prescription forms comply with requirements for listed drugs, medicines or appliances
Patient preference of practitioner
- Inform patients of their right to choose a dentist and respect their preference
Issue of prescription forms
- Issue prescription forms correctly for patients
Excessive prescribing
- Do not prescribe excessive drugs, medicines or appliances
Performers: further requirements
- Ensure only registered and qualified staff perform clinical services
Conditions for employment and engagement: dental practitioners performing dental services
- Check dental practitioner qualifications before employing or engaging
Conditions for employment and engagement: persons performing dental services other than dental practitioners
- Check dental care professional's experience and registration before employing them
Conditions for employment and engagement: all persons performing dental services
- Check clinical references before hiring staff to perform dental services
Conditions for employment or engagement: persons assisting in the provision of services under the agreement
- Check that staff are qualified and competent before hiring
Training
- Provide ongoing training for dental staff
Level of skill
- Carry out dental services with reasonable care and skill
Appraisal and assessment
- Ensure dental practitioners participate in NHS appraisal and cooperate on patient safety
Sub-contracting of clinical matters
- Sub-contract clinical services only with due diligence and notify NHS England
Patient records
- Keep full, accurate and contemporaneous patient records
Confidentiality of personal data
- Nominate a person responsible for data confidentiality
Patient information
- Display patient information and provide patient information leaflet
Information about the contractor’s practice
- Provide and maintain accurate practice profile for NHS.uk website
Provision of and access to information: NHS England
- Provide NHS England with requested information including patient records
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 within 2 months
Annual report and review
Other duties (1) — Crown / regulator
- NHS England must provide annual report, arrange review, and send final record Crown / Minister / Government department
Notifications to NHS England
- Notify NHS England of serious incidents, information changes, and dental practitioner changes
Notice provisions specific to an agreement with a limited liability partnership
- Notify NHS England of insolvency events and LLP membership changes
Notifications to patients following a variation of the agreement
- Display change of services notice in practice premises
Notification provisions specific to prototype agreements
- Send private treatment details to NHS England and give patients privacy notice
Entry and inspection by NHS England
- Allow NHS England to enter and inspect practice premises
Entry and inspection by the Care Quality Commission
- Allow CQC inspectors to enter and inspect your premises
Entry and viewing by Local Healthwatch organisations
- Allow Local Healthwatch representatives to enter and observe your dental practice
As regards complaints relating to any matter reasonably connected with...
- Put in place a formal NHS complaints procedure
Local resolution of agreement disputes
- Resolve disputes co-operatively before formal proceedings
Mid-year reviews
Other duties (1) — Crown / regulator
- NHS England must conduct mid-year reviews of dental activity if performance is below 30% Statutory regulator
Action NHS England can take following a mid-year review
Other duties (1) — Crown / regulator
- NHS England must repay withheld monies if contractor meets targets or shortfall is ≤4% Statutory regulator
Friends and Family Test
- Offer Friends and Family Test to all patients and report results
Mandatory services
- Provide mandatory dental services (urgent and routine) as per NHS agreement
Variation of an agreement: activity under the agreement
- Notify and cooperate if you need to change dental activity levels
Variation of an agreement: rebasing for persistent under performance
Other duties (1) — Crown / regulator
- NHS England may reduce your dental activity contract for persistent underperformance Statutory regulator
Course of treatment
- Complete dental treatment courses within reasonable time and notify NHS England if unable
Termination by NHS England: remedial notices and breach notices
- Remedy breaches notified by NHS England within the notice period
Agreement sanctions
Other duties (1) — Crown / regulator
- NHS England must notify contractor before imposing agreement sanctions Statutory regulator
Evidence of exemption under the Act
- Record evidence of dental treatment exemption claims
Clinical governance arrangements
- Appoint a clinical governance lead and comply with NHS England's arrangements
Duty as to education and training
- Cooperate with health authorities on education and training
Quality assurance system
- Set up a practice-based quality assurance system
Insurance: negligent performance
- Maintain professional indemnity insurance for dental services
Treatment plans
- Provide a treatment plan to each patient and follow its requirements
Public liability insurance
- Hold adequate public liability insurance
Gifts
- Keep a register of gifts over £100 from patients
Compliance with legislation and guidance
- Comply with all relevant legislation and have regard to NHS guidance
Signing of documents
- Include signatory name and profession on clinical documents and forms
Completion of courses of treatment
- Indicate treatment completion and provide reasons for incomplete courses
Browse 78 other Schedules — structural / supplementary
Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
(1) Subject to paragraph 1A of this Schedule, where the...
(1) Where the contractor provides either or both of the...
(1) A reference to the sum specified for payment in...
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...
Care to be provided under a complex care pathway
A reference to the sum specified for payment in Table...
(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
Complex care pathway initial declaration
Complex care pathway interim declarations
Suspension of complex care pathways
Declaration of incomplete complex care pathway
Complex care pathway final declaration
Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
Notice provisions specific to an agreement with a dental corporation
Notice provisions specific to an agreement with a company limited by shares
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
Co-operation with investigations
Provision of information
Dispute resolution: non-NHS contracts
NHS dispute resolution procedure
Determination of dispute
Interpretation of Part 7
(1) Subject to paragraph 32(3), no amendment or variation shall...
Termination by agreement
Termination on the death of an individual
Termination by the contractor
Late payment notices
Termination by NHS England: general provisions
Termination by NHS England: notice
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 dental corporations, companies limited by shares and limited liability partnerships
Agreement sanctions and the NHS dispute resolution procedure
Termination and the NHS dispute resolution procedure
Third party rights
The name of the party or parties comprising the contractor....
The rights of a patient to express a preference of...
The services available under the agreement.
The normal surgery days and hours of the practice.
The arrangements for dental services for the hours and days...
If the services in paragraph 13 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...
Details of who has access to patient information (including information...
In the case of an agreement with a dental corporation—...
The name, postal and website address and telephone number of...
The full name, postal, email and website address, and telephone...
In the case of an agreement with a company limited...
In the case of an agreement with a limited liability...
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...
How to request services as a patient.
A patient leaflet shall include—
Paragraphs 3 and 5 of Schedule 3 shall apply as...
As if for paragraph 3, there were substituted the following—...
As if for paragraph 5, there were substituted the following—...
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 small shortfalls in dental or orthodontic activity if made up within 60 days Statutory regulator
Fees, charges and financial interests of the contractor
- Do not charge NHS patients except as allowed and avoid financial conflicts in treatment decisions
Right to a general dental services contract
- Notify NHS England before switching to a general dental services contract
Browse 30 other sections — procedural / definitional / commencement
sch. 4
Citation, commencement and application
Interpretation
Conditions: introductory
General conditions relating to all agreements
Additional conditions relating to agreements with dental corporations or companies limited by shares
Reasons
Appeal
Pre-agreement disputes
Health service body status
NHS contracts
Additional services
Agreements: general
Units of dental activity
Required number of urgent treatments
Complex care pathways
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
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 agreement terms or of enforcement of agreement terms while a disease is or in anticipation of a disease being imminently pandemic etc.
Commencement of agreement
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