Standard general dental services contract



Download 0.52 Mb.
Page10/10
Date conversion24.11.2016
Size0.52 Mb.
1   2   3   4   5   6   7   8   9   10

SIGNATURES OF THE PARTIES TO THE CONTRACT



Signed by

For and on behalf of the PCT



Signed by

In the presence of


[The Contract must be signed by a person with power to bind the Contractor. If the Contractor is a partnership, it is recommended that all of the partners comprising the partnership at the date the Contract is signed (whether those partners are general partners or limited partners) sign the Contract]

SCHEDULE 3

INFORMATION TO BE INCLUDED IN A PATIENT INFORMATION LEAFLET

A patient leaflet shall include—

  1.  The name of the Contractor.

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

      1. whether or not it is a limited partnership; and

      2. the names of all the partners and, in the case of a limited partnership, their status as a general or limited partner.

  3.  In the case of a Contract with a dental corporation

      1. the names of the directors, chief executive and secretary of the corporation, insofar as those positions exist in relation to the dental corporation; and

      2. the address of the corporation’s registered office.

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

  5.  In the case of each person performing dental services under the Contract, his professional qualifications.

  6.  Whether the Contractor undertakes the teaching or training of persons who provide dental services or who intend to do so.

  7.  The address of each of the practice premises.

  8.  The Contractor’s telephone and fax numbers and the address of its website (if any).

  9.  Whether the practice premises have suitable access for disabled patients and, if not, the alternative arrangements for providing services to such patients.

  10.  How to request services as a patient.

  11.  The rights of a patient to express a preference of practitioner in accordance with clauses 30 to 32, and the means of expressing such a preference.

  12.  The services available under the Contract.

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

  14.  The arrangements for dental services for the hours and days that fall outside normal surgery hours (whether or not provided by the Contractor) and how the patient may contact such services

  15.  If the services in paragraph 14 are not provided by the Contractor, the fact that the PCT is responsible for commissioning the services.

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

  17.  How patients may make a complaint or comment on the provision of service.

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

  19.  The action that may be taken where a patient is violent or abusive to the Contractor, its staff, persons present on the practice premises or in the place where treatment is provided under the Contract or other persons specified in clause 34.

  20.  Details of who has access to patient information (including information from which the identity of the individual can be ascertained) and the patient’s rights in relation to disclosure of such information.

  21.  The name, postal and website address, and telephone number of the PCT and from whom details of primary dental services in the area may be obtained.

SCHEDULE 4
PAYMENT SCHEDULE
[include payments in respect of services or the amounts of such payments that are not specified in directions under section 17 or 28N of the Act.]

1 The National Health Service (General Dental Services Contracts) Regulations 2005.

2 Delete the words in square brackets if only primary dental services are to be provided under the Contract.

3 Part 1 is not required by the Regulations, but is recommended.

4 At the time of publication, this Order is not yet in force.

5 This provision has been included so that if, in relation to a particular contract, a particular clause number or numbers are not relevant (for example, because that clause or those clauses only need to be included in contracts with a dental corporation and the contractor concerned is an individual dental practitioner), the words of that clause can be deleted and the word ‘reserved’ can be inserted next to that clause number: this is to avoid renumbering the clauses or cross-references in the Contract.

6 Except where indicated, Part 2 is not required by the Regulations, but is recommended.

7 This clause is required by the Regulations (see paragraph 85 of Schedule 3).

8 If the Contractor has elected to be regarded as a health service body for the purposes of section 4 of the 1990 Act pursuant to regulation 9 of the Regulations, then the Contract must state that it is an NHS contract: see regulation 11 of the Regulations.

9 Where the contract is an NHS contract, it is not enforceable in the courts but instead is subject to the dispute resolution procedures set out in clauses 280 to 286 of the Contract and paragraphs 55 and 56 of Schedule 3 to the Regulations. Therefore, the Contract must specify whether or not the Contractor has elected to be regarded as a health service body, and if it has, the Contractor must indicate that the Contract is an NHS contract.

10 The parties must insert the date of commencement: services can only be provided under the Contract on a date after 31st March 2006 (see regulation 25 of the Regulations).

11 The words in square brackets only need to be included if clause 17 et seq. are completed.

12 This clause is required by the Regulations: see regulation 13. The option for the Contract to subsist until it is terminated in accordance with the terms of the Contract or the general law must be included unless the PCT is entering into a temporary contract pursuant to regulation 13(2).

13 This clause, and clauses 18, 19 or 20 if further space is needed, need to be adapted and completed as indicated – if it is not relevant because there are no such services to be provided under the Contract, these clauses should be omitted.

14 This Part is not required by the Regulations, but is recommended.

15 The words in square brackets only need to be included if the Contractor is a dental corporation.

16 Except where specifically indicated in a footnote, this Part is required by the Regulations: see regulation 24 and Part 1 of Schedule 3.

17 A period may or may not be specified.

18 The parties should set out details of the specified group of persons to whom services are to be provided. If the Contract does not specify a group of persons the words in square brackets in clauses 25 and 28 and clause 28A should be omitted.

19 In these circumstances the parties may choose to set out in additional clauses the details of to whom such services are to be provided.

20 In these circumstances the parties may choose to set out in additional clauses any obligations as regards patient preference of practitioner.

21 This clause is required by the Regulations (see paragraph 29 of Schedule 3).

22 This whole section (Provision of Services) is required by the Regulations (see regulation 25 and Part 2 of Schedule 3).

23 All relevant addresses from which services under the Contract will be provided by the Contractor or any sub-contractor must be included here. It does not include the homes of patients or any other premises where services are provided on an emergency basis. This clause is required by regulation 16(1)(b) of the Regulations.



24 This clause may be varied in the case of entitlement to a contract by virtue of the Transitional Order. See clause 66A.

25 This Part is required by the Regulations (see regulation 14). Every GDS Contract must require the Contractor to provide mandatory services and must specify the times at which the contractor has agreed with the PCT that the surgery will be open to patients for the provision of services (normal surgery hours).

26 Regulation 14 requires that the Contract specify the times during which the Contractor is to provide mandatory services. If additional services are to provided during normal surgery hours the Contract should specify. See Part 10.

27 A unit of dental activity is the measure of the provision of mandatory services and advanced mandatory services. The number inserted here will represent both services if the Contractor is contracted to provide both mandatory services and advanced mandatory services.

28 This clause must be included if the Contract begins on 1st April. If not it should be omitted. See also regulation 17 of the Regulations.

29 This clause must be included if the Contract begins on a date other than 1st April. If not, it should be omitted. See regulation 17 of the Regulations.

30 This needs adapting depending on whether clause 77 or 78 has been utilised.

31 This needs adapting depending on whether clause 77 or 78 has been utilised.

32 Insert here any variation to the period of 60 days referred to in 84.2. In the case of a temporary contract a period of less than 60 days or no period may be appropriate and the contract should specify the period, if any, to apply in such circumstances. See regulation 19(4) of the Regulations.

33 This needs adapting depending on whether clause 77 or 78 has been utilised.

34 See regulation 24(3) of the Regulations.

35 This Part only needs to be included in the Contract where the Contractor is to provide any one or more of advanced mandatory services, sedation services, domiciliary services or orthodontic services. It is for the Contractor and the PCT to negotiate which of these services will be provided by the Contractor. If the Contractor is providing any one or more additional services under the Contract, then the clauses in this Model Contract relating to that particular additional service are required to be inserted into the Contract. This reflects the requirements of regulation 15 of, and Schedule 1 to the Regulations.

36 Clauses 101 to 103 only need to be included if the Contractor is to provide advanced mandatory services.

37 This needs adapting depending on whether clause 77 or 78 has been utilised.

38 Regulation 16(1)(c) of the Regulations requires that the hours during which services that are not mandatory services are to be provided are specified in the Contract.

39 Clauses 104 to 109 only need to be included if the Contractor is to provide sedation services.

40 This clause must be included if the Contract begins on 1st April. If not it should be omitted. See regulation 20 of the Regulations.

41 This clause must be included if the Contract begins on a date other than 1st April. If not, it should be omitted. See regulation 20 of the Regulations.

42 Regulation 16(1)(c) of the Regulations requires that the hours during which services that are not mandatory services are to be provided are specified in the Contract.

43 This clause must be included if the Contract begins on 1st April. If not it should be omitted. See regulation 20 of the Regulations.

44 This clause should be included if the Contract begins on a date other than 1st April. If not, it should be omitted. See regulation 20 of the Regulations.

45 Regulation 16(1)(c) of the Regulations requires that the hours during which services that are not mandatory services are to be provided are specified in the Contract.

46 Regulation 16(1)(c) of the Regulations requires that the hours during which services that are not mandatory services are to be provided are specified in the Contract.

47 This clause should be included if the Contract begins on 1st April. If not it should be omitted. See also regulation 18 of the Regulations.

48 This clause should be included if the Contract begins on a date other than 1st April. If not, it should be omitted. See regulation 18 of the Regulations.

49 Regulation 16(1)(c) of the Regulations requires that the hours during which services that are not mandatory services are to be provided are specified in the Contract.

50 This needs adapting depending on whether clause 116 or 117 has been utilised.

51 This needs adapting depending on whether clause 116 or 117 has been utilised.

52 Insert here any variation to the period of 60 days referred to in 125.2. In the case of a temporary contract, a period of less than 60 days or no period may apply. See regulation 19(4) of the Regulations.

53 This needs adapting depending on whether clause 116 or 117 has been utilised.

54 See regulation 24 of the Regulations.

55 This clause needs to be adapted depending on what the parties agree – see paragraph 4(1) of Schedule 1 to the Regulations.

56 Clause 143 only needs to be included if the Contractor is, pursuant to clause 142, entitled to provide orthodontic services to persons over the age of 18 at the date of the case assessment.

57 Clauses 164 to 167 need to be included if the Contractor is providing any one or more of advanced mandatory services, domiciliary services or advanced mandatory services.

58 There is no obligation to provide out of hours services pursuant to the Regulations. However, it is open to the Contractor and the PCT to agree that the Contractor should provide such services and any further services during and outside normal surgery hours, the details should be set out here.

59 This Part is required by the Regulations (see regulation 24 and Part 3 of Schedule 3).

60 This Part is required by the Regulations (see regulation 24 and Part 4 of Schedule 3).

61 Except where it is expressly indicated in a footnote that a particular clause is only required in certain types of GDS Contract, this section is required by the Regulations: see regulation 24 and Part 5 of Schedule 3.

62 Clause 230 only needs to be included if the Contractor is a dental corporation.

63 Clauses 231 and 232 need not be included if the Contractor is a dental corporation.

64 Part 14 is required by regulations 21 and 22 of the Regulations and section 28N(2) of the Act.

65 Clause 240 needs to be included as some of the details in respect of payments to the Contractor will need to be set out. See the annotations in Schedule 4 for more detail.


66 Except where expressly indicated in the footnote, this Part is required by the Regulations (see regulation 22).

67 Clause 244 is not mandatory but it is recommended.

68 This Part is required by the Regulations (see paragraphs 79 and 80 of Schedule 3).

69 This Part is required by the Regulations (see paragraphs 81 and 82 of Schedule 3).

70 This Part is required by the Regulations: see paragraph 83 of Schedule 3 to the Regulations.

71 This Part is required by the Regulations (see paragraph 84 of Schedule 3).

72 This Part is required by the Regulations: see Part 6 of Schedule 3.

73 This clause is not mandatory but it is recommended to ensure that the Contractor is still under an obligation to comply with the investigation of a complaint or with any relevant investigation where the Contract has terminated or expired.

74 Except where specifically indicated in the footnotes, this Part is required by the Regulations (see Part 7 of Schedule 3).

75 These clauses are mandatory terms only if the contract is not an NHS contract. Otherwise, the clauses should be deleted from the Contract.

76 If the contract is an NHS contract, the parties must select the phrase “section 4(3) of the 1990 Act”. If the contract is not an NHS contract, the parties must select the phrase “clause 280 above”.

77 Except where it is indicated in a footnote that a particular provision is only required in certain types of contract, this Part is required by the Regulations: see Part 9 of Schedule 3.

78 Clauses 292 to 297 need not be included if the Contractor is a dental corporation. If so, these clauses should be omitted.

79 Clauses 298 to 304 need not be included if the Contractor is a dental corporation. If so, these clauses should be omitted.

80 Clauses 306 and 307 need not be included if the Contractor is a dental corporation. If so, these clauses should be omitted.

81 Clauses 309 to 311 do not have to be included if the PCT is entering in to a temporary contract pursuant to regulation 13(2) of the Regulations. The parties may include such provisions as to notice as they may agree.

82 Clauses 316 and 317 need not be included if the Contractor is a dental corporation. If so, these clauses should be omitted.

83 The heading to the clauses should be adjusted according to whether the Contract is with a dental corporation or not. Clauses 337 and 338 should only be included if the Contractor is a dental corporation; clauses 339 and 340 should only be included if the Contractor is not a dental corporation.

84 The parties are required to make suitable provision for arrangements on the termination of the Contract, including the consequences (whether financially or otherwise) of the Contract ending, subject to any specific requirements of the Regulations: regulation 23. Subject to this requirement, the parties could draft their own provisions dealing with the consequences of termination.

85 This clause is not required by the Regulations, but is recommended.

86 This clause is not required by the Regulations, but is recommended.

87 This clause is not required by the Regulations, but is recommended.

88 This clause is not required by the Regulations, but is recommended.

89 This clause is not required by the Regulations, but is recommended.

90 This clause is not required by the Regulations, but is recommended.

91 This clause is not required by the Regulations, but is recommended.

92 It is recommended that this form is used if the Contractor is an individual dental practitioner.

93 Please provide the address to which official correspondence and notices should be sent.

94 It is recommended that this form is used if the Contractor is a general or limited partnership.

95 Please delete if this is not applicable. Regulation 10(b)(i) of the Regulations requires that the Contract specify in the case of a partnership whether or not it is a limited partnership.

96 Please delete whichever is not applicable. Regulation 10(b)(ii) of the Regulations requires that the Contract specify in the case of a partnership the names of the partners and, in the case of a limited partnership, their status as a general or limited partner.

97 This provision is required by regulation 12(1) of the Regulations.

98 It is recommended that this form is used if the Contractor is a dental corporation.

1   2   3   4   5   6   7   8   9   10


The database is protected by copyright ©dentisty.org 2016
send message

    Main page