Legal Aspects
Part of the Orthodontics Poster Collection
RECORD KEEPING
As Dental professionals who work in private or NHS, we need to make sure to keep contemporaneous and accurate records.
Law
1. The Standards for Dental Team Standard 4.1 applies. It states: “You must make and keep contemporaneous, complete and accurate patient records”.
2. Standard General Dental Services Contract NHS – July 2018 says: you should keep patient records for up to two years after treatment is finished in England, Wales and Scotland.
https://www.england.nhs.uk/wp-content/uploads/2018/08/general-dental-services-contract-2018.pdf
3. The Department of Health’s ‘Record Management’ code, recommends to: keep a maximum of 11 years for adults and to the age of 25 years for children (community care).
4. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR )book should be kept for 3 years after the date of the last entry.
5. The Ionizing Radiations Regulations 1999 states that accidental exposure books should be kept for a minimum of 50 years.
6. The Control of Substances Hazardous to Health Regulations 2002 (COSHH), assessment records must be kept for 5 years (from the date tests were carried out).
https://www.legislation.gov.uk/uksi/2002/2677/made
7. COSHH regulations recommend health surveillance records should be retained for a minimum period of 40 years.
https://www.hse.gov.uk/health-surveillance/record-keeping.htm
8. Companies Act 1985 Section 222 states, accounting records should be kept for 3 years (private companies), 6 years (public companies). In general 6 years are recommended for all companies.
https://www.legislation.gov.uk/ukpga/1985/6/part/VII/1994-02-01/data.xht?view=snippet&wrap=true
9. The GDC requires Statement of Manufacture of Dental Appliance documents to be kept for the life of the appliance and interview notes and application forms, for unsuccessful candidates should be kept for 1 year.
https://www.qcs.co.uk/retention-access-storage-records/
10. The Consumer Protection Act 1987, claims for defective products keep up to 10 years and in the contract for up to six years. Holding patients records for more than 2 years will help if you receive a claim under this Act.