The National Health Service (Personal Dental Services Agreements) Regulations 2005

Regulation 20

SCHEDULE 5 MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A PRIMARY CARE TRUST

1.  Paragraphs 3 and 5 of Schedule 3 shall apply as modified by paragraphs 2 and 3 respectively where the contractor is a Primary Care Trust.

2.  As if for paragraph 3, there were substituted the following—

“Violent patients

3.— (1) Where—

(a) a patient of the contractor has committed an act of violence or behaved in such a way against any persons specified in sub-paragraph (2) as a consequence of which that person has feared for his safety; and

(b) the contractor has reported the incident to the police,

the Primary Care Trust may notify that patient that it will no longer provide services to him under the agreement.

(2) The persons referred to in sub-paragraph (1) are—

(a) any member of the Primary Care Trust’s staff;

(b) a person engaged by the Primary Care Trust to perform or assist in the performance of services under the agreement; or

(c) any other person present—

(i) on the practice premises; or

(ii) in the place where services were provided to the patient under the agreement.”.

3.  As if for paragraph 5, there were substituted the following—

“Irrevocable breakdown in relationship between contractor and patient

5.— (1) Where—

(a) in the reasonable opinion of the contractor, there has been an irrevocable breakdown in the relationship between the patient and that contractor; and

(b) notice of such a breakdown has been given to the patient by the contractor,

the contractor may no longer provide services to that patient under the agreement.”.