{
  "url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-38A",
  "json_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-38A.json",
  "legislation": "uksi/2005/3361",
  "legislation_title": "The National Health Service (General Dental Services Contracts) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005",
  "path": "schedule/3/paragraph/38A",
  "kind": "paragraph",
  "number": "38A",
  "heading": "Complex care pathway initial declaration",
  "text": "(1) The contractor must, within two months of the date of commencement of a complex care pathway, as described in regulation 17B(9), submit an initial declaration to NHS England by means of electronic submission containing the information specified in sub-paragraph (2).\n(2) The information referred to in sub-paragraph (1) is—\n(a) details of the patient to whom the contractor is providing dental services under the complex care pathway;\n(b) confirmation of the complex care pathway onto which the patient has been entered;\n(c) confirmation that the patient meets the relevant entry criteria set out in regulation 17B(2) to (4) for that complex care pathway;\n(d) the date of commencement of the complex care pathway;\n(e) confirmation that the patient has been provided with a treatment plan in accordance with paragraph 7 of this Schedule and has agreed that treatment plan;\n(f) details of any NHS Charge payable by that patient;\n(g) in the case of a patient who is exempt from NHS Charges, confirmation that the patient has completed a written or electronic declaration in respect of the exemption made in accordance with regulation 7 of the NHS Charges Regulations;\n(h) clinical data to support the recording of modifiable risk factors, including but not limited to—\n(i) use of tobacco products or smoking;\n(ii) alcohol consumption regularly exceeding 14 units per week;\n(iii) high-frequency sugar or acid intake;\n(iv) suboptimal fluoride exposure;\n(v) poor oral hygiene resulting in inadequate plaque (biofilm) control and accumulation;\n(vi) plaque retentive local factors and orthodontic appliances reducing cleanability;\n(vii) dry mouth (xerostomia) due to medication, disease or radiation;\n(viii) prolonged or intense exposure to high stress levels;\n(ix) poorly controlled diabetes.\n(3) NHS England may accept submission of the information in this paragraph in paper form in such exceptional circumstances as NHS England may reasonably determine.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 paras. 38A-38E 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(12)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3361/schedule/3/paragraph/38A",
    "retrieved_at": "2026-10-29T04:41:21.795162+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}