32.—(1) The contractor shall ensure that a full, accurate and contemporaneous record is kept in the patient record in respect of the care and treatment given to each patient under the contract, including treatment given to a patient who is referred to the contractor.
(2) The patient record may be kept in electronic form.
(3) The patient record shall include details of any private services (to the extent that they are provided with services under the contract) and shall be kept with—
(a)a copy of any treatment plan or referral treatment plan given to the patient pursuant to paragraph 2 of Schedule 1 (referral services) or paragraph 7 of this Schedule;
(b)all radiographs, photographs and study casts taken or obtained by it as part of the services provided to that patient;
(c)where an orthodontic course of treatment has been provided to a patient, a copy of the orthodontic treatment plan;
(d)where information is to be submitted to the Primary Care Trust in accordance with paragraph 38 and that information is submitted electronically—
(i)the written declaration form in respect of exemption under paragraph 1(1) of Schedule 12ZA to the Act duly made and completed in accordance regulations made under section 79 of, and paragraph 7(a) to, Schedule 12ZA to that Act; and
(ii)a note of the evidence in support of that declaration; and
(e)the statement concerning any custom-made devices provided by any person as a consequence of regulation 15 of the Medical Devices Regulations 2002(1) (procedures for custom-made devices) in respect of services being provided to that patient.
(4) The patient record and the items referred to in sub-paragraph (3) shall be retained for a period of 2 years beginning with—
(a)the date on which—
(i)a course of treatment or orthodontic course of treatment is terminated; or
(ii)a course of treatment or an orthodontic course of treatment is completed; or
(b)in respect of courses of treatment or orthodontic courses of treatment not falling within paragraph (a)(i) or (ii) the date by which no more services can be provided as part of that course of treatment or orthodontic course of treatment by virtue of paragraph 5(4)(b) of Schedule 1 (orthodontic course of treatment) or paragraph 6(4)(b) of this Schedule.
(5) Nothing in this paragraph shall affect any property right which the contractor may have in relation to the records, radiographs, photographs and study models referred to in this paragraph.
S.I. 2002/618.