The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Title, commencement and application

   2. 2. Interpretation

3. PART 2 CONTRACTORS

   1. 3. Conditions: introductory

   2. 4. General prescribed conditions relating to all contracts

   3. 5. Additional prescribed conditions relating to contracts with dental corporations

   4. 6. Reasons

   5. 7. Appeal

4. PART 3 PRE-CONTRACT DISPUTE RESOLUTION

   1. 8. Pre-contract disputes

5. PART 4 HEALTH SERVICE BODY STATUS

   1. 9. Health service body status

6. PART 5 CONTRACTS: REQUIRED TERMS

   1. 10. Parties to the contract

   2. 11. NHS contracts

   3. 12. Contracts with individuals practising in partnership

   4. 13. Duration

   5. 14. Mandatory services

   6. 15. Additional services

   7. 16. Services: general

   8. 17. Units of dental activity

   9. 18. Units of orthodontic activity

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

   11. 20. Domiciliary services and sedation services

   12. 21. Finance

   13. 22. Fees, charges and financial interests of the contractor

   14. 23. Arrangements on termination

   15. 24. Other contractual terms

7. PART 6 TRANSITIONAL PROVISION

   1. 25. Commencement of contract

8. Signature

9. 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. Course of treatment

         2. 7. Treatment plans

         3. 8. Completion of courses of treatment

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

         5. 10. Mixing of services provided under the contract with private services

         6. 11. Repair or replacement of restorations

         7. 12. Premises, facilities and equipment

         8. 13. Telephone services

         9. 13B. – Cost of relevant calls

         10. 14. National Institute for Clinical Excellence guidance

         11. 15. Infection control

         12. 16. Treatment under general anaesthesia: prohibition

      3. PART 3 SUPPLY OF DRUGS AND PRESCRIBING

         1. 17. General

         2. 18. Supply of drugs

         3. 19. Issue of prescription forms

         4. 20. Excessive prescribing

      4. PART 4 PERSONS WHO PERFORM SERVICES

         1. 21. Dental practitioners

         2. 22. Dental care professionals

         3. 23. Performers: further requirements

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

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

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

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

         8. 28. Training

         9. 29. Level of skill

         10. 30. Appraisal and assessment

         11. 31. Sub-contracting of clinical matters

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

         1. 32. Patient records

         2. 33. Confidentiality of personal data

         3. 34. Patient information

         4. 35. Provision of and access to information: Local Health Board

         5. 36. Requests for information from Community Health Councils

         6. 37. Inquiries about prescriptions and referrals

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

         8. 39. Annual report and review

         9. 40. Notifications to the Local Health Board

         10. 41. Notice provisions specific to a contract with a dental corporation

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

         12. 43. Notifications to patients following a variation of the contract

         13. 44. Entry and inspection by the Local Health Board

         14. 45. Entry and inspection by members of Community Health Councils

         15. 46. Entry and inspection by the Welsh Ministers

      6. Part 5A Concerns notified on or after 1 April 2011

         1. 46A. The contractor must establish and operate arrangements which meet the...

      7. PART 6 COMPLAINTS

         1. 47. Complaints received prior to 1 April 2011

         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

      8. PART 7 DISPUTE RESOLUTION

         1. 53. Local resolution of contract 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

      9. PART 8 MID-YEAR REVIEW OF ACTIVITY UNDER CONTRACTS

         1. 58. Mid-year reviews

         2. 59. Action the Local Health Board can take following a mid-year review

      10. PART 9 VARIATION AND TERMINATION OF CONTRACTS

          1. 60. Variation of a contract: general

          2. 61. Variation of a contract: activity under the contract

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

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

          5. 64. Termination by agreement

          6. 65. Termination on the death of an individual dental practitioner

          7. 66. Termination by the contractor

          8. 67. Late payment notices

          9. 68. Termination by the Local Health Board: general

          10. 69. Termination by the Local Health Board: no longer eligible to enter into and breach of conditions of the contract

          11. 70. Termination by the Local Health Board for the provision of untrue etc. information

          12. 71. Termination by the Local Health Board on grounds of suitability etc.

          13. 72. Termination by the Local Health Board: patient safety and material financial loss

          14. 73. Termination by the Local Health Board: remedial notices and breach notices

          15. 74. Termination by the Local Health Board: additional provisions specific to contracts with two or more individuals practising in partnership and dental corporations

          16. 75. Contract sanctions

          17. 76. Contract sanctions and the NHS dispute resolution procedure

          18. 77. Termination and the NHS dispute resolution procedure

      11. PART 10 MISCELLANEOUS

          1. 78. Evidence of exemption under the Act

          2. 79. Clinical governance arrangements

          3. 80. Quality assurance system

          4. 81. Insurance: negligent performance

          5. 82. Public liability insurance

          6. 83. Gifts

          7. 84. Compliance with legislation and guidance

          8. 85. Third party rights

          9. 86. Signing of documents

   4. SCHEDULE 4

      PATIENT INFORMATION LEAFLET

      1. 1. The name of the contractor.

      2. 2. In the case of a contract with a partnership—

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

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

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

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

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

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

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

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

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

      12. 12. The services available under the contract.

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

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

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

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

      17. 17. How patients may— (1) in respect of complaints made prior...

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

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

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

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

10. Explanatory Note