Mixing of general dental services and private care and treatment
17.—(1) Subject to sub-paragraph (3), a contractor may, with the consent of the patient provide privately any part of the care and treatment—
(a)necessary under a continuing care arrangement or a capitation arrangement to secure and maintain the oral health of a patient; or
(b)to be provided as part of treatment on referral.
(2) A contractor or a dentist assisting that contractor in the provision of general dental services shall not, with a view to obtaining the agreement of a patient to undergo care and treatment privately—
(a)advise a patient falsely that the care and treatment which is necessary in the patient’s case—
(i)under the continuing care arrangement or capitation arrangement with a contractor to secure and maintain oral health; or
(ii)having regard to the reason given for referral,
is not available from that contractor under general dental services; or
(b)seek to mislead the patient about the quality of care and treatment available under general dental services.
(3) Sub-paragraph (1) shall not apply—
(a)where the treatment necessary to secure oral health relates to a single tooth, in which case the treatment shall be provided wholly under general dental services or wholly privately;
(b)in respect of orthodontic care and treatment in which case—
(i)the assessment, diagnosis and planning of treatment in connection with the orthodontic care and treatment shall be provided wholly under general dental services or wholly privately; and
(ii)the orthodontic treatment shall be provided wholly under general dental services or wholly privately;
(c)to the provision privately of general anaesthesia in association with any care and treatment provided under general dental services.