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

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART 2 CONTRACTORS

    1. 3.Conditions: introductory

    2. 4.General conditions relating to all agreements

    3. 5.Additional conditions relating to agreements with qualifying bodies

    4. 6.Reasons

    5. 7.Appeal

  4. PART 3 PRE-AGREEMENT DISPUTE RESOLUTION

    1. 8.Pre-agreement disputes

  5. PART 4 HEALTH SERVICE BODY STATUS

    1. 9.Health service body status

  6. PART 5 AGREEMENTS: REQUIRED TERMS

    1. 10.NHS contracts

    2. 11.Additional services

    3. 12.Agreements: general

    4. 13.Units of dental activity

    5. 14.Units of orthodontic activity

    6. 15.Under-provision of units of dental activity or units of orthodontic activity

    7. 16.Domiciliary services and sedation services

    8. 17.Finance

    9. 18.Fees, charges and financial interests of the contractor

    10. 19.Arrangements on termination

    11. 20.Other contractual terms

  7. PART 6 RIGHT TO A GENERAL DENTAL SERVICES CONTRACT

    1. 21.Right to a general dental services contract

  8. PART 7 TRANSITIONAL PROVISION

    1. 22.Commencement of agreement

  9. Signature

    1. SCHEDULE 1

      ADDITIONAL SERVICES

      1. PART 1 ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES

        1. 1.Provision of advanced mandatory services, domiciliary services and sedation services by the contractor

        2. 2.Referral services

        3. 3.Sedation services

      2. PART 2 ORTHODONTIC SERVICES

        1. 4.Patients to whom orthodontic services may be provided

        2. 5.Orthodontic course of treatment

        3. 6.Orthodontic treatment plans

        4. 7.Monitoring outcomes

        5. 8.Completion of orthodontic courses of treatment

    2. SCHEDULE 2

      PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY AND UNITS OF ORTHODONTIC ACTIVITY

      1. PART 1 UNITS OF DENTAL ACTIVITY

        1. 1.(1) Where the contractor provides a banded course of treatment,...

        2. 2.Where the contractor provides a charge exempt course of treatment,...

      2. PART 2 UNITS OF ORTHODONTIC ACTIVITY

        1. 3.(1) Where the contractor provides an orthodontic course of treatment...

    3. SCHEDULE 3

      OTHER CONTRACTUAL TERMS

      1. PART 1 PATIENTS

        1. 1.Persons to whom mandatory services or additional services are to be provided

        2. 2.Patient preference of practitioner

        3. 3.Violent patients

        4. 4.Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment

        5. 5.Irrevocable breakdown in relationship between contractor and patient

      2. PART 2 PROVISION OF SERVICES

        1. 6.Mandatory services

        2. 7.Course of treatment

        3. 8.Treatment plans

        4. 9.Completion of courses of treatment

        5. 10.Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services

        6. 11.Mixing of services provided under the agreement with private services

        7. 12.Repair or replacement of restorations

        8. 13.Premises, facilities and equipment

        9. 14.Telephone services

        10. 15.National Institute for Clinical Excellence guidance

        11. 16.Infection control

        12. 17.Treatment under general anaesthesia: prohibition

      3. PART 3 SUPPLY OF DRUGS AND PRESCRIBING

        1. 18.General

        2. 19.Supply of drugs

        3. 20.Issue of prescription forms

        4. 21.Excessive prescribing

      4. PART 4 PERSONS WHO PERFORM SERVICES

        1. 22.Dental practitioners

        2. 23.Dental care professionals

        3. 24.Performers: further requirements

        4. 25.Conditions for employment and engagement: dental practitioners performing dental services

        5. 26.Conditions for employment and engagement: persons performing dental services other than dental practitioners

        6. 27.Conditions for employment and engagement: all persons performing dental services

        7. 28.Conditions for employment or engagement: persons assisting in the provision of services under the agreement

        8. 29.Training

        9. 30.Level of skill

        10. 31.Appraisal and assessment

        11. 32.Sub-contracting of clinical matters

      5. PART 5 RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

        1. 33.Patient records

        2. 34.Confidentiality of personal data

        3. 35.Patient information

        4. 36.Provision of and access to information: the Relevant Body

        5. 37.Requests for information from Patients' Forums

        6. 38.Inquiries about prescriptions and referrals

        7. 39.Notification of a course of treatment, orthodontic course of treatment etc.

        8. 40.Annual report and review

        9. 41.Notifications to the Relevant Body

        10. 42.Notice provisions specific to an agreement with a qualifying body

        11. 43.Notifications to patients following a variation of the agreement

        12. 44.Entry and inspection by the Relevant Body

        13. 45.Entry and inspection by members of Patients' Forums

        14. 46.Entry and inspection by the Commission for Healthcare Audit and Inspection

      6. PART 6 COMPLAINTS

        1. 47.Complaints procedure

        2. 48.Making of complaints

        3. 49.Period for making complaints

        4. 50.Further requirements for complaints procedures

        5. 51.Co-operation with investigations

        6. 52.Provision of information

      7. PART 7 DISPUTE RESOLUTION

        1. 53.Local resolution of agreement disputes

        2. 54.Dispute resolution: non-NHS contracts

        3. 55.NHS dispute resolution procedure

        4. 56.Determination of dispute

        5. 57.Interpretation of Part 7

      8. PART 8 MID-YEAR REVIEW OF ACTIVITY UNDER AGREEMENTS

        1. 58.Mid-year reviews

        2. 59.Action the Relevant Body can take following a mid-year review

      9. PART 9 VARIATION AND TERMINATION OF AGREEMENTS

        1. 60.(1) Subject to paragraph 32(3), no amendment or variation shall...

        2. 61.Variation of an agreement: activity under the agreement

        3. 62.Termination by agreement

        4. 63.Termination on the death of an individual

        5. 64.Termination by the contractor

        6. 65.Late payment notices

        7. 66.Termination by the Relevant Body: general provisions

        8. 67.Termination by the Relevant Body: notice

        9. 68.Termination by the Relevant Body for the provision of untrue etc. information

        10. 69.Termination by the Relevant Body on grounds of suitability etc.

        11. 70.Termination by the Relevant Body: patient safety and material financial loss

        12. 71.Termination by the Relevant Body: remedial notices and breach notices

        13. 72.Termination by the Relevant Body: additional provisions specific to contracts with qualifying bodies

        14. 73.Agreement sanctions

        15. 74.Agreement sanctions and the NHS dispute resolution procedure

        16. 75.Termination and the NHS dispute resolution procedure

      10. PART 10 MISCELLANEOUS

        1. 76.Evidence of exemption under the Act

        2. 77.Clinical governance arrangements

        3. 78.Quality assurance system

        4. 79.Insurance: negligent performance

        5. 80.Public liability insurance

        6. 81.Gifts

        7. 82.Compliance with legislation and guidance

        8. 83.Third party rights

        9. 84.Signing of documents

    4. SCHEDULE 4

      PATIENT INFORMATION LEAFLET

      1. 1.The name of the party or parties comprising the contractor....

      2. 2.In the case of an agreement with a qualifying body—...

      3. 3.The full name of each person performing services under the...

      4. 4.In the case of each person performing dental services under...

      5. 5.Whether the contractor undertakes the teaching or training of persons...

      6. 6.The address of each of the practice premises.

      7. 7.The contractor’s telephone and fax numbers and the address of...

      8. 8.Whether the practice premises have suitable access for disabled patients...

      9. 9.How to request services as a patient.

      10. 10.The rights of a patient to express a preference of...

      11. 11.The services available under the agreement.

      12. 12.The normal surgery days and hours of the practice.

      13. 13.The arrangements for the dental hours and days that fall...

      14. 14.If the services in paragraph 13 are not provided by...

      15. 15.The telephone number of NHS Direct and details of NHS...

      16. 16.How patients may make a complaint or comment on the...

      17. 17.The rights and responsibilities of the patient, including keeping appointments....

      18. 18.The action that may be taken where a patient is...

      19. 19.Details of who has access to patient information (including information...

      20. 20.The name, postal and website address and telephone number of...

      21. 21.The fact that details of primary dental services in the...

    5. SCHEDULE 5

      MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A PRIMARY CARE TRUST

      1. 1.Paragraphs 3 and 5 of Schedule 3 shall apply as...

      2. 2.As if for paragraph 3, there were substituted the following—...

      3. 3.As if for paragraph 5, there were substituted the following—...

  11. Explanatory Note

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