# The National Health Service (General Dental Services Contracts) Regulations 2005, Paragraph 10: Mixing of services provided under the contract with private services


(1) Subject to sub-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.
(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.

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Source: https://www.legislation.gov.uk/uksi/2005/3361/schedule/3/paragraph/10 (the official version)
Page: https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.