Paragraph 10 Mixing of services provided under the contract with private services

(1)

Subject to F1sub-paragraphs (2) and (2A) and the requirements in paragraphs 2 (referral services) and 6 (orthodontic treatment plans) of Schedule 1 and paragraph 7(1)(g) of this Schedule, a contractor may, with the consent of the patient, provide privately any part of a course of treatment or orthodontic course of treatment for that patient, including in circumstances where that patient has been referred to the contractor for a referral service.

(2)

A contractor may—

(a)

not provide privately or under the contract treatment that involves the administration of general anaesthesia or the provision of sedation; and

(b)

in the case of an orthodontic course of treatment provide—

(i)

the case assessment wholly privately or wholly under the contract; and

(ii)

the orthodontic treatment wholly privately or wholly under the contract.

F2(2A)

A contractor who is providing to a patient a complex care pathway—

(a)

may not provide privately any periodontal treatment; and

(b)

may provide privately any other part of the course of treatment, provided that the contractor provides treatment under the contract to at least five carious teeth.

(3)

A contractor shall not, with a view to obtaining the agreement of a patient to undergo services privately—

(a)

advise a patient that the services which are necessary in his case are not available from the contractor under the contract; or

(b)

seek to mislead the patient about the quality of the services available under the contract.

(4)

In sub-paragraph (2)(a), “provision of sedation” means the provision of one or more drugs to a patient in order to produce a state of depression of the central nervous system to enable treatment to be carried out.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 10(1) substituted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 10(8)(a)
F2: Sch. 3 para. 10(2A) inserted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 10(8)(b)