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

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement and application

   2. 2. Interpretation

3. PART 2 CONTRACTORS

   1. 3. Conditions: introductory

   2. 4. General conditions relating to all agreements

   3. 5. Additional conditions relating to agreements with dental corporations or companies limited by shares

   4. 6. Reasons

   5. 7. Appeal

4. PART 3 PRE-AGREEMENT DISPUTE RESOLUTION

   1. 8. Pre-agreement disputes

5. PART 4 HEALTH SERVICE BODY STATUS

   1. 9. Health service body status

6. PART 5 AGREEMENTS: REQUIRED TERMS

   1. 10. NHS contracts

   2. 11. Additional services

   3. 12. Agreements: general

   4. 13. Units of dental activity

   5. 14. Units of orthodontic activity

   6. 14A. Units of dental activity for contractors who elect to enter into a prototype agreement

   7. 14B. Capitated patient figures for contractors who elect to enter into a prototype agreement

   8. 14C. Capitated patients

   9. 15. Under-provision of units of dental activity or units of orthodontic activity

   10. 16. Domiciliary services and sedation services

   11. 17. Finance

   12. 17A. Publication of information about earnings

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

   14. 19. Arrangements on termination

   15. 20. Other contractual terms

   16. 20A. Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement

   17. 20B. Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement

   18. 20C. Variation of contractual terms in respect of election to enter into a prototype agreement

   19. 20D. Suspension of agreement terms or of enforcement of agreement terms while a disease is or in anticipation of a disease being imminently pandemic etc.

7. PART 6 RIGHT TO A GENERAL DENTAL SERVICES CONTRACT

   1. 21. Right to a general dental services contract

8. PART 7 TRANSITIONAL PROVISION

   1. 22. Commencement of agreement

9. Signature

10. 1. SCHEDULE 1

       NHS England’sADDITIONAL 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) a Band 1 or...

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

       2. PART 1A Band 2 courses of treatment – sub-bands

          1. 2A. Sub-band 2a treatments

          2. 2B. Sub-band 2b treatments

          3. 2C. Sub-band 2c treatments

       3. PART 2 UNITS OF ORTHODONTIC ACTIVITY

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

    3. SCHEDULE 2A

       PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY WHERE A CONTRACTOR HAS ELECTED TO ENTER INTO A PROTOTYPE AGREEMENT

       1. 1. (1) Where a contractor holding a Blend A prototype agreement...

    4. 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

          6. 5A. Friends and Family Test

       2. PART 2 PROVISION OF SERVICES

          1. 6. Mandatory services

          2. 7. Course of treatment

          3. 8. Treatment plans

          4. 9. Completion of courses of treatment

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

          6. 11. Mixing of services provided under the agreement with private services

          7. 12. Repair or replacement of restorations

          8. 13. Premises, facilities and equipment

          9. 14. Telephone services

          10. 15. National Institute for Clinical Excellence guidance

          11. 16. Infection control

          12. 17. Treatment under general anaesthesia: prohibition

       3. PART 3 SUPPLY OF DRUGS AND PRESCRIBING

          1. 18. General

          2. 19. Supply of drugs

          3. 20. Issue of prescription forms

          4. 21. Excessive prescribing

       4. PART 4 PERSONS WHO PERFORM SERVICES

          1. 22. Dental Practitioners

          2. 23. Dental care professionals

          3. 24. Performers: further requirements

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

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

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

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

          8. 29. Training

          9. 30. Level of skill

          10. 31. Appraisal and assessment

          11. 32. Sub-contracting of clinical matters

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

          1. 33. Patient records

          2. 34. Confidentiality of personal data

          3. 35. Patient information

          4. 35A. Information about the contractor’s practice

          5. 36. Provision of and access to information: NHS England

          6. 37. Requests for information from Patients' Forums

          7. 38. Inquiries about prescriptions and referrals

          8. 39. Notification of a course of treatment, orthodontic course of treatment etc.

          9. 40. Annual report and review

          10. 41. Notifications to NHS England

          11. 42. Notice provisions specific to an agreement with a dental corporation

          12. 42A. Notice provisions specific to an agreement with a company limited by shares

          13. 42B. Notice provisions specific to an agreement with a limited liability partnership

          14. 43. Notifications to patients following a variation of the agreement

          15. 43A. Notification provisions specific to prototype agreements

          16. 44. Entry and inspection by NHS England

          17. 45. Entry and inspection by members of Patients' Forums

          18. 46. Entry and inspection by the Care Quality Commission

          19. 46A. Entry and viewing by Local Healthwatch organisations

       6. PART 5A COMPLAINTS RECEIVED ON OR AFTER 1ST APRIL 2009

          1. 46B. As regards complaints relating to any matter reasonably connected with...

       7. PART 6 COMPLAINTS

          1. 47. Complaints procedure

          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 agreement 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 AGREEMENTS

          1. 58. Mid-year reviews

          2. 59. Action NHS England can take following a mid-year review

       10. PART 9 VARIATION AND TERMINATION OF AGREEMENTS

           1. 60. (1) Subject to paragraph 32(3), no amendment or variation shall...

           2. 61. Variation of an agreement: activity under the agreement

           3. 61A. Variation of an agreement: rebasing for persistent under performance

           4. 62. Termination by agreement

           5. 63. Termination on the death of an individual

           6. 64. Termination by the contractor

           7. 65. Late payment notices

           8. 66. Termination by NHS England: general provisions

           9. 67. Termination by NHS England: notice

           10. 68. Termination by NHS England for the provision of untrue etc. information

           11. 69. Termination by NHS England on grounds of suitability etc.

           12. 70. Termination by NHS England: patient safety and material financial loss

           13. 71. Termination by NHS England: remedial notices and breach notices

           14. 72. Termination by NHS England: additional provisions specific to contracts with dental corporations, companies limited by shares and limited liability partnerships

           15. 73. Agreement sanctions

           16. 74. Agreement sanctions and the NHS dispute resolution procedure

           17. 75. Termination and the NHS dispute resolution procedure

       11. PART 10 MISCELLANEOUS

           1. 76. Evidence of exemption under the Act

           2. 77. Clinical governance arrangements

           3. 77A. Duty as to education and training

           4. 78. Quality assurance system

           5. 79. Insurance: negligent performance

           6. 80. Public liability insurance

           7. 81. Gifts

           8. 82. Compliance with legislation and guidance

           9. 83. Third party rights

           10. 84. Signing of documents

    5. SCHEDULE 4

       PATIENT INFORMATION LEAFLET

       1. A patient leaflet shall include—

       2. 1. The name of the party or parties comprising the contractor....

       3. 2. In the case of an agreement with a dental corporation—...

       4. 2A. In the case of an agreement with a company limited...

       5. 2B. In the case of an agreement with a limited liability...

       6. 3. The full name of each person performing services under the...

       7. 4. In the case of each person performing dental services under...

       8. 5. Whether the contractor undertakes the teaching or training of persons...

       9. 6. The address of each of the practice premises.

       10. 7. The contractor's telephone and fax numbers and the address of...

       11. 8. Whether the practice premises have suitable access for disabled patients...

       12. 9. How to request services as a patient.

       13. 10. The rights of a patient to express a preference of...

       14. 11. The services available under the agreement.

       15. 12. The normal surgery days and hours of the practice.

       16. 13. The arrangements for dental services for the hours and days...

       17. 14. If the services in paragraph 13 are not provided by...

       18. 15. The telephone number of NHS Direct and details of NHS...

       19. 16. How patients may make a complaint or comment on the...

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

       21. 18. The action that may be taken where a patient is...

       22. 19. Details of who has access to patient information (including information...

       23. 20. The name, postal and website address and telephone number of...

       24. 21. The full name, postal, email and website address, and telephone...

    6. SCHEDULE 5

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

       1. 1. Paragraphs 3 and 5 of Schedule 3 shall apply as...

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

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

11. Explanatory Note