Paragraph 3 Violent patients

England and Wales

(1)

Where—

(a)

a patient of the contractor has committed an act of violence or behaved in such a way against any of the persons specified in sub-paragraph (2) as a consequence of which that person has feared for his safety; and

(b)

the contractor has reported the incident to the police,

the contractor may notify F1NHS England that it will no longer provide services to that patient under the contract.

(2)

The reference to persons in sub-paragraph (1) means—

(a)

the contractor where it is an individual dental practitioner;

(b)

in the case of a contract with two or more individuals practising in partnership, a partner in that partnership;

(c)

in the case of a contract with a dental corporation, a director, chief executive, secretary or member of, or a legal and beneficial owner of shares in, that corporation;

F2(ca)

in the case of a contract with a limited liability partnership, a member of that partnership;

(d)

a member of the contractor's staff;

(e)

a person engaged by the contractor to perform or assist in the performance of services under the contract; or

(f)

any other person present—

(i)

on the practice premises; or

(ii)

in the place where services were provided to the patient under the contract.

(3)

Notification under sub-paragraph (1) may be given by any means including telephone, fax or email but if not given in writing shall subsequently be confirmed in writing within seven days (and for this purpose a faxed or email notification is not a written one).

(4)

The time at which the contractor notifies NHS England shall be the time at which it makes the telephone call or sends or delivers the notification to NHS England.

(5)

NHS England shall—

(a)

acknowledge in writing receipt of the notice from the contractor under sub-paragraph (1); and

(b)

take all reasonable steps to inform the patient concerned as soon as is reasonably practicable.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2: Sch. 3 para. 3(2)(ca) inserted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(2)(b) (with Sch. 1)