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1. (1) A contractor which provides domiciliary services or sedation services under the agreement may only provide those services—
(a)to a person to whom it is providing an entire course of treatment, during that course of treatment; or
(b)as a referral service.
(2) A contractor may only provide advanced mandatory services under the agreement as a referral service.
(3) In this paragraph, “entire course of treatment” means a course of treatment provided by only the contractor.
2. (1) A contractor which provides one or more of the additional services specified in paragraph 1 as a referral service shall, at the time of the first examination of the patient, ensure that the patient is provided with a referral treatment plan on a form supplied for that purpose by the Relevant Body which shall specify—
(a)the name of the patient;
(b)the name of the contractor;
(c)the particulars of the places where the patient will receive the referral service to be provided to him by the contractor;
(d)the telephone number at which the contractor may be contacted during its normal surgery hours;
(e)details of the services which are at the date of that examination considered to be necessary for the contractor to provide having regard to the reason for the referral; and
(f)any proposals the contractor may have for private services as an alternative to the services proposed under the agreement, including particulars of the cost to the patient if he were to accept the provision of private services.
(2) Where the services included in the referral treatment plan need to be varied for clinical reasons, the contractor shall provide the patient with a revised referral treatment plan in accordance with sub-paragraph (1).
(3) The contractor shall, subject to the termination of, or being unable to complete a course of treatment in accordance with paragraph 7(5) or (6) of Schedule 3 (course of treatment), provide the services which are detailed in the referral treatment plan, or where a revised treatment plan is provided pursuant to sub-paragraph (2), pursuant to that revised treatment plan.
(4) This paragraph shall not apply where a patient has been referred to the contractor for advanced mandatory services limited only to examination and advice, and the contractor only provides examination and advice in respect of that patient.
3. The contractor shall only provide sedation services to a patient in accordance with the recommendations contained in the report of the Standing Dental Advisory Committee entitled “Conscious Sedation in the Provision of Dental Care”(1), in so far as those recommendations and guidelines are relevant to—
(a)the type of sedation being administered; and
(b)the patient to whom the sedation is being administered.
The Standing Dental Advisory Committee is a statutory body established under section 6 of the Act. A copy of the Report can be obtained at www.dh.gov.uk/PublicationsAndStatistics/Publications/PublicationsPolicyAndGuidance/PublicationsPolicyAndGuidanceArticle.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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