Standard general dental services contract



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PART 1566


FEES, CHARGES AND FINANCIAL INTERESTS OF THE CONTRACTOR





  1. The Contractor shall not, either itself or through any other person, demand or accept a fee or other remuneration for its own or another’s benefit from




    1. any patient of its for the provision of any treatment under the Contract, except as otherwise provided in the NHS Charges Regulations; and




    1. any person who has requested services under the Contract for himself or a family member, as a prerequisite to providing services under the Contract to that person or his family member.




  1. The Contractor shall—




    1. only collect from any patient of its any charge that that patient is required to pay by virtue of the NHS Charges Regulations, in accordance with the requirements of those Regulations; and




    1. obligations imposed on the Contractor by virtue of the NHS Charges Regulations shall be terms of the Contract.




  1. In making a decision—




    1. as to what services to recommend or provide to a patient who has sought services under the Contract; or




    1. to refer a patient for other services by another contractor, hospital or other relevant service provider under Part 1 of the Act,

the Contractor shall do so without regard to its own financial interests.




  1. [This Part of the Contract shall survive the expiry or termination of the Contract to the extent that it prohibits the Contractor from, either itself or through any other person, demanding or accepting a fee or other remuneration for its own or another’s benefit from—




    1. any patient of its for the provision of any treatment under the Contract, except as otherwise provided in the NHS Charges Regulations; and




    1. any person who has requested services under the Contract for himself or a family member, as a prerequisite to providing services under the Contract to that person or his family member.]67


PART 1668


CLINICAL GOVERNANCE AND QUALITY ASSURANCE



Clinical governance arrangements


  1. The Contractor shall comply with such clinical governance arrangements as the PCT may establish in respect of contractors providing services under a general dental services contract.




  1. The Contractor shall nominate a person who—




    1. will have responsibility for ensuring compliance with clinical governance arrangements; and




    1. performs or manages services under the Contract.


Quality assurance system


  1. The Contractor shall establish, and operate a practice based quality assurance system which is applicable to all the persons specified in clause 248.




  1. The specified persons are




    1. any dental practitioner who performs services under the Contract; and




    1. any other person employed or engaged by the Contractor to perform or assist in the performance of services under the Contract.




  1. The Contractor shall ensure that in respect of its practice based quality assurance system, it has nominated a person (who need not be connected with the Contractor’s practice) to be responsible for operating that system.




  1. In clauses 247 to 249, “practice based quality assurance system” means one which comprises a system to ensure that




    1. effective measures of infection control are used;




    1. all legal requirements relating to health and safety in the workplace are satisfied;




    1. all legal requirements relating to radiological protection are satisfied;




    1. any requirements of the General Dental Council in respect of the continuing professional development of dental practitioners are satisfied; and




    1. the requirement to display in a prominent position the written statement relating to the quality assurance system (see clause 208.1) is satisfied.



PART 1769


INSURANCE



Insurance: negligent performance


  1. The Contractor shall at all times hold adequate insurance against liability arising from negligent performance of clinical services under the Contract.




  1. The Contractor shall not sub-contract its obligations to provide clinical services under the Contract unless it has satisfied itself that the sub-contractor holds adequate insurance against liability arising from negligent performance of such services.




  1. The Contractor or sub-contractor shall be regarded as holding insurance if it is held by an employee of its in connection with clinical services which that employee provides under the Contract or, as the case may be, sub-contract.


Public liability insurance


  1. The Contractor shall at all times hold adequate public liability insurance in relation to liabilities to third parties arising under or in connection with the Contract which are not covered by the insurance referred to in clauses 251.

PART 1870


GIFTS





  1. The Contractor shall keep a register of gifts which




    1. are given to any of the persons specified in clause 256 by or on behalf of




      1. a patient,




      1. a relative of a patient, or




      1. any person who provides or wishes to provide services to the Contractor or its patients in connection with the Contract; and




    1. have, in its reasonable opinion, an individual value of more than £100.00.




  1. The persons referred to in clause 255.1 are




    1. the Contractor;




    1. where the Contract is with two or more individuals practising in partnership, any partner;




    1. where the Contract is with a dental corporation a director, chief executive or secretary of the corporation;




    1. any person employed by the Contractor for the purposes of the Contract;




    1. any dental practitioner engaged by the Contractor for the purposes of the Contract;




    1. any spouse or civil partner of the Contractor (where the Contractor is an individual dental practitioner) or of a person specified in clauses 256.2 to 256.5; or




    1. any person whose relationship with the Contractor (where the Contractor is an individual dental practitioner) or with a person specified in clauses 256.2 to 256.5 has the characteristics of the relationship between husband and wife or civil partners.




  1. Clause 255 does not apply where




    1. there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the Contractor;




    1. the Contractor is not aware of the gift; or




    1. in a case falling within clause 255.1.3, the Contractor is not aware that the donor wishes to provide services to the Contractor.




  1. The Contractor shall take reasonable steps to ensure that it is informed of gifts which fall within clause 255 and which are given to any of the persons specified in clauses 256.2 to 256.7.




  1. The register referred to in clause 255 shall include the following information




    1. the name of the donor;




    1. in a case where the donor is a patient, the patient’s National Health Service number or, if the number is not known, his address;




    1. in any other case, the address of the donor;




    1. the nature of the gift;




    1. the estimated value of the gift; and




    1. the name of the person or persons who received the gift.




  1. The Contractor shall make the register available to the PCT on request.



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