The National Health Service (General Dental Services Contracts) Regulations 2005

1Citation, commencement and application

2Interpretation

PART 2CONTRACTORS

3Conditions: introductory

4General prescribed conditions relating to all contracts

5Additional prescribed conditions relating to contracts with dental corporations

PART 3PRE-CONTRACT DISPUTE RESOLUTION

8Pre-contract disputes

PART 4HEALTH SERVICE BODY STATUS

9Health service body status

PART 5CONTRACTS: REQUIRED TERMS

10Parties to the contract

11NHS contracts

12Contracts with individuals practising in partnership

14Mandatory services

15Additional services

16Services: general

17Units of dental activity

18Units of orthodontic activity

19Under provision of units of dental activity or units of orthodontic activity

20Domiciliary services and sedation services

22Fees, charges and financial interests of the contractor

23Arrangements on termination

24Other contractual terms

PART 6TRANSITIONAL PROVISION

25Commencement of contract

SCHEDULE 1ADDITIONAL SERVICES

PART 1ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES

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

2Referral services

3Sedation services

PART 2ORTHODONTIC SERVICES

4Patients to whom orthodontic services may be provided

5Orthodontic course of treatment

6Orthodontic treatment plans

7Monitoring outcomes

8Completion of orthodontic courses of treatment

SCHEDULE 2PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY AND UNITS OF ORTHODONTIC ACTIVITY

PART 1UNITS OF DENTAL ACTIVITY

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

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

PART 2UNITS OF ORTHODONTIC ACTIVITY

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

SCHEDULE 3OTHER CONTRACTUAL TERMS

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

2Patient preference of practitioner

3Violent patients

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

5Irrevocable breakdown in relationship between contractor and patient

PART 2PROVISION OF SERVICES

6Course of treatment

7Treatment plans

8Completion of courses of treatment

9Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services

10Mixing of services provided under the contract with private services

11Repair or replacement of restorations

12Premises, facilities and equipment

13Telephone services

14National Institute for Clinical Excellence guidance

15Infection control

16Treatment under general anaesthesia: prohibition

PART 3SUPPLY OF DRUGS AND PRESCRIBING

18Supply of drugs

19Issue of prescription forms

20Excessive prescribing

PART 4PERSONS WHO PERFORM SERVICES

21Dental practitioners

22Dental care professionals

23Performers: further requirements

24Conditions for employment and engagement: dental practitioners performing dental services

25Conditions for employment and engagement: persons performing dental services other than dental practitioners

26Conditions for employment and engagement: all persons performing dental services

27Conditions for employment or engagement: persons assisting in the provision of services under the contract

29Level of skill

30Appraisal and assessment

31Sub-contracting of clinical matters

PART 5RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

32Patient records

33Confidentiality of personal data

34Patient information

35Provision of and access to information: Primary Care Trust

36Requests for information from Patients' Forums

37Inquiries about prescriptions and referrals

38Notification of a course of treatment, orthodontic course of treatment etc.

39Annual report and review

40Notification to the Primary Care Trust

41Notice provisions specific to a contract with a dental corporation

42Notice provisions specific to a contract with two or more individuals practising in partnership

43Notification to patients following a variation of the contract

44Entry and inspection by the Primary Care Trust

45Entry and inspection by members of Patients' Forums

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

PART 6COMPLAINTS

47Complaints procedure

48Making of complaints

49Period for making complaints

50Further requirements for complaints procedures

51Co-operation with investigations

52Provision of information

PART 7DISPUTE RESOLUTION

53Local resolution of contract disputes

54Dispute resolution: non-NHS contracts

55NHS dispute resolution procedure

56Determination of dispute

57Interpretation of Part 7

PART 8MID-YEAR REVIEW OF ACTIVITY UNDER CONTRACTS

58Mid-year reviews

59Action the Primary Care Trust can take following a mid-year review

PART 9VARIATION AND TERMINATION OF CONTRACTS

60Variation of a contract: general

61Variation of a contract: activity under the contract

62Variation provisions specific to a contract with an individual dental practitioner

63Variation provisions specific to a contract with two or more individuals practising in partnership

64Termination by agreement

65Termination on the death of an individual dental practitioner

66Termination by the contractor

67Late payment notices

68Termination by the Primary Care Trust: general

69Termination by the Primary Care Trust: no longer eligible to enter into and breach of conditions of the contract

70Termination by the Primary Care Trust for the provision of untrue etc. information

71Termination by the Primary Care Trust on grounds of suitability etc.

72Termination by the Primary Care Trust: patient safety and material financial loss

73Termination by the Primary Care Trust: remedial notices and breach notices

74Termination by the Primary Care Trust: additional provisions specific to contracts with two or more individuals practising in partnership and dental corporations

75Contract sanctions

76Contract sanctions and the NHS dispute resolution procedure

77Termination and the NHS dispute resolution procedure

PART 10MISCELLANEOUS

78Evidence of exemption under the Act

79Clinical governance arrangements

80Quality assurance system

81Insurance: negligent performance

82Public liability insurance

84Compliance with legislation and guidance

85Third party rights

86Signing of documents

SCHEDULE 4PATIENT INFORMATION LEAFLET

1The name of the contractor.

2In the case of a contract with a partnership—

3In the case of a contract with a dental corporation—...

4The full name of each person performing services under the...

5In the case of each person performing dental services under...

6Whether the contractor undertakes the teaching or training of persons...

7The address of each of the practice premises.

8The contractor’s telephone and fax numbers and the address of...

9Whether the practice premises have suitable access for disabled patients...

10How to request services as a patient.

11The rights of a patient to express a preference of...

12The services available under the contract.

13The normal surgery days and hours of the practice.

14The arrangements for dental services for the hours and days...

15If the services in paragraph 14 are not provided by...

16The telephone number of NHS Direct and details of NHS...

17How patients may make a complaint or comment on the...

18The rights and responsibilities of the patient, including keeping appointments....

19The action that may be taken where a patient is...

20Details of who has access to patient information (including information...

21The name, postal and website address and telephone number of...

2005 No. 3361

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (General Dental Services Contracts) Regulations 2005

Made6th December 2005

Laid before Parliament9th December 2005

Coming into force1st January 2006

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred upon her by sections 28L, 28M, 28O, 28P and 126(4) of the National Health Service Act 19771 and section 4(5) of the National Health Service and Community Care Act 19902.