The National Health Service (General Dental Services Contracts) 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 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. 18A. Units of dental activity for contractors who elect to enter into a prototype agreement

   11. 18B. Capitated patient figures for contractors who elect to enter into a prototype agreement

   12. 18C. Capitated patients

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

   14. 20. Domiciliary services and sedation services

   15. 21. Finance

   16. 21A. Publication of information about earnings

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

   18. 23. Arrangements on termination

   19. 24. Other contractual terms

   20. 24A. Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement

   21. 24B. Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement

   22. 24C. Variation of contractual terms in respect of election to enter into a prototype agreement

   23. 24D. Suspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.

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) 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. 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. 14. National Institute for Clinical Excellence guidance

         10. 15. Infection control

         11. 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. 34A. Information about the contractor’s practice

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

         6. 36. Requests for information from Patients' Forums

         7. 37. Inquiries about prescriptions and referrals

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

         9. 39. Annual report and review

         10. 40. Notification to NHS England

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

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

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

         14. 43. Notification to patients following a variation of the contract

         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 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 NHS England 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. 61A. Variation of a contract: rebasing for persistent under performance

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

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

          6. 64. Termination by agreement

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

          8. 66. Termination by the contractor

          9. 67. Late payment notices

          10. 68. Termination by NHS England: general

          11. 69. Termination by NHS England: no longer eligible to enter into and breach of conditions of the contract

          12. 70. Termination by NHS England for the provision of untrue etc. information

          13. 71. Termination by NHS England on grounds of suitability etc.

          14. 72. Termination by NHS England: patient safety and material financial loss

          15. 73. Termination by NHS England: remedial notices and breach notices

          16. 74. Termination by NHS England: additional provisions specific to contracts with two or more individuals practising in partnership, dental corporations, or limited liability partnerships.

          17. 75. Contract sanctions

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

          19. 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. 79A. Duty as to education and training

          4. 80. Quality assurance system

          5. 81. Insurance: negligent performance

          6. 82. Public liability insurance

          7. 83. Gifts

          8. 84. Compliance with legislation and guidance

          9. 85. Third party rights

          10. 86. Signing of documents

   5. SCHEDULE 4

      PATIENT INFORMATION LEAFLET

      1. A patient leaflet shall include—

      2. 1. The name of the contractor.

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

      4. 2A. In the case of a contract with a limited liability...

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

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

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

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

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

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

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

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

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

      14. 12. The services available under the contract.

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

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

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

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

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

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

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

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

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

10. Explanatory Note