4.3.3.

12 Medico-legal responsibilities and indemnity

All clinicians must be aware of their medico-legal responsibilities and the requirement that they have
indemnity cover.

Confidentiality

Patients' records must be kept secure. Information about a patient should only be passed to fellow
healthcare workers if it is in the patient’s best interests. No information about a patient should be
given to a third party unless the patient has given express permission, or a statute or regulation
forces a disclosure (eg. the NHS General Dental Services Regulations), or a court order has been
issued (special care should be taken when minors are involved). All those involved in the care of
dental patients should follow the GDC guidance Principles of Patient Confidentiality.

Records

 Patients are entitled to access to their records (as stated in the Data Protection and Access to
Health Records Acts), including radiographs (either originals or duplicates). They are also
entitled to obtain copies under most circumstances. Consideration should be given to
contractual arrangements when selling a practice or working as an associate, to ensure future
access to records.

 Records should be clearly identified.

 Whenever possible, records should be kept in secure (preferably fireproof) containers, and if
computerised, back-ups should be stored off the premises.

 Records must be kept for a minimum of two years, in accordance with the NHS General
Dental Services Regulations, but preferably indefinitely in order to aid defence against cases
of civil negligence, breach of contract, or under the Consumer Protection Act.

 Records should be properly archived.

 If records cannot be stored indefinitely, professional advice should be sought.

 Outcomes 1 (Respecting and involving people who use services), 2 (Consent to care and
treatment), 17 (Complaints) and 21 (Records) of the Care Quality Commission’s (CQC)
Essential standards of quality and safety (2010).
Registration and professional indemnity

 Dentists, dental hygienists, dental therapists, dental nurses, dental technicians, clinical dental
technicians and orthodontic therapists must have current registration with the GDC.

 All registered dental care professionals must have the appropriate level of indemnity or
insurance cover to meet the potential needs of their patients. They should be aware of the
different types of cover available. This is a legal requirement for the maintenance of
registration with the GDC.

All registered dental care professionals must meet the CQC requirements for a check with the Criminal
Records Bureau (CRB) when commencing new employment.

Cross references:
Sections 1 (The premises) and 11 (Patient communication and treatment records) of the FFGDP(UK)
Practice Questionnaire
Key Skills: KS 3.1, KS 3.2, KS 5.3, KS 7.1, KS 7.2

Further reading:
British Dental Association. Advice sheet B1: Ethics in Dentistry. London: BDA, 2009.
General Dental Council. Standards for Dental Care Professionals. London: GDC, 2005. Available via
www.gdc-uk.org/current+registrants/Standards+for+Dental+Professionals/ at March 2011.
Access to Health Records Act 1990. London: Stationery Office, 1990.
Data Protection Act 1998. London: Stationery Office, 1998. Available at
www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_1 as of January 2009.
Care Quality Commission. Essential standards of quality and safety. Accessed from
www.cqc.org.uk/registration at 28 December 2010
Criminal Records Bureau. How to register for a check. at www.crbchecks.co.uk as of March 2011