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16.—(1) Subject to sub-paragraph (3), a dentist may, with the consent of the patient, provide privately any part of the care and treatment—
(a)necessary under a continuing care arrangement or a capitation arrangement to secure and maintain the oral health of a patient; or
(b)to be provided as part of treatment on referral.
(2) A dentist shall not, with a view to obtaining the agreement of a patient to undergo care and treatment privately—
(a)advise a patient that the care and treatment which is necessary in his case—
(i)under the continuing care arrangement or the capitation arrangement to secure and maintain oral health, or
(ii)having regard to the reason given for referral, is not available from that dentist under general dental services; or
(b)seek to mislead the patient about the quality of care and treatment available under general dental services.
(3) Sub-paragraph (1) shall not apply—
(a)where the treatment necessary to secure oral health relates to a single tooth, in which case the treatment shall be provided wholly under general dental services or wholly privately; and
(b)in respect of orthodontic care and treatment in which case—
(i)the assessment, diagnosis and planning of treatment in connection with the orthodontic care and treatment shall be provided wholly under general dental services or wholly privately, and
(ii)the orthodontic treatment shall be provided wholly under general dental services or wholly privately.
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