Data protection code of practice for patients

Keeping your records

This practice complies with the 1998 Data Protection Act and this policy describes our procedures for ensuring that personal information about patients is processed fairly and lawfully.   

What personal data do we hold?

To provide you with a high standard of dental care and attention, we need to hold personal information about you.  This personal data includes:

• your past and current medical and dental condition; personal details such as your age, national insurance number/NHS number, address, telephone number and your general medical practitioner
• radiographs, clinical photographs and study models
• information about the treatment that we have provided or propose to provide and its cost 
• notes of conversations/incidents about your care, for which a record needs to be kept    
• records of consent to treatment
• correspondence relating to you with other health care professionals, for example in the hospital or community services.

Why do we hold information about you?  

We need to keep comprehensive and accurate personal data about our patients in order to provide them with safe and appropriate dental care.  We also need to process personal data about you in order to provide care under NHS arrangements and to ensure the proper management and administration of the NHS.    

How we process the data 

We will process personal data that we hold about you in the following way:

Retaining information

We will retain your dental records while you are a practice patient and after you cease to be a patient, for at least 11 years or for children until age 25, whichever is the longer.

Security of information

Personal data about you is held in the practice’s computer system and/or in a manual filing system.  The information is not accessible to the public; only authorised members of staff have access to it.  Our computer system has secure audit trails and we back up information routinely.

Disclosure of information

To provide proper and safe dental care, we may need to disclose personal information about you to:

• your general medical practitioner
• the hospital or community dental services
• other health professionals caring for you
• NHS payment authorities
• the Inland Revenue 
• the Benefits Agency, where you are claiming exemption or remission from NHS charges
• private dental schemes of which you are a member. 

Disclosure will take place on a ‘need-to-know’ basis, so that only those individuals/organisations who need to know in order to provide care to you and for the proper administration of Government (whose personnel are covered by strict confidentiality rules) will be given the information.  Only that information that the recipient needs to know will be disclosed.

In very limited circumstances or when required by law or a court order, personal data may have to be disclosed to a third party not connected with your health care. In all other situations, disclosure that is not covered by this Code of Practice will only occur when we have your specific consent.   

Where possible you will be informed of these requests for disclosure.

Access

You have the right of access to the data that we hold about you and to receive a copy.  Access may be obtained by making a request in writing and the payment of a fee for access of up to £25 (for records held on computer) or £50 (for those held manually or for computer-held records with non-computer radiographs). We will provide a copy of the record within 40 days of receipt of the request and fee (where payable) and an explanation of your record should you require it.

If you do not agree

If you do not wish personal data that we hold about you to be disclosed or used in the way that is described in this Code of Practice, please discuss the matter with your dentist. You have the right to object, but this may affect our ability to provide you with dental care. 

Equality and diversity policy

Our vision is for Grassington Dental Care to be a successful, caring and welcoming place for patients to receive dental care and advice. We want to create a supportive and inclusive environment where our staff can reach their full potential and care is provided in partnership with patients, without prejudice and discrimination. We are committed to a culture where respect and understanding is fostered and the diversity of people's backgrounds and circumstances will be positively valued. 

This Policy will help us to achieve this vision.

Legal responsibilities

The rights of our patients and our staff with regards to discrimination are protected by anti-discrimination legislation including:

• The Equality Act 2010
• Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
• Employment Rights Act 1996

By adopting this Policy, we accept our responsibility to ensure that discrimination does not take place and that everyone is treated fairly and equally.

Aim

The aim of this Policy is to achieve equality of care experience by removing any potential discrimination in the way that people are cared for and treated by the Practice, including: 

• people with disabilities
• people of different sexual orientations
• transgendered and transsexual people 
• people of different races 
• people on the grounds of their sex
• people of faith and of no faith 
• people in relation to their age
• people in relation to their social class or medical condition 
• people who work part-time 
• people who are married or in a civil partnership
• women who are pregnant, have recently given birth or are breastfeeding

Putting this policy into practice

We aim to develop and support equality and diversity measures by:

• Providing patient information in a variety of languages, if required
• Having translation services available for patients who need this
• Providing services that are accessible to patients with disabilities 
• Ensuring that care of individuals is planned with their specific needs at the centre
• Tackling oral health inequalities through positive promotion and care 
• Involving patient groups and individuals in the design of our service
• Responding positively to the diverse needs and experiences of our patients and the community even when those needs are challenging to deal with
• Ensuring that we join up with services involved with the care of patients with particular medical and social care needs.

Comments and concerns

If you believe you have been treated in any way contrary to this Policy or you have any comments on how we can ensure that it works better, please contact Emma Hemingway at the practice. We will investigate your concerns and take appropriate action.  

Monitoring and review

We will monitor the effectiveness of this Policy and the impact on all other relevant policies and practice. This review will happen when necessary and as a minimum annually.

Comments – Compliments – Complaints

We are happy to consider any suggestions you may have that would improve the service we provide. Comments and compliments are always welcome. We also operate a Practice Complaints Procedure for dealing with complaints which adheres to National Criteria. Our Practice Manager Emma Hemingway will give you further information and a leaflet giving details of the procedure is displayed in our reception area and a copy is available on request.

Our aim is to give you the highest possible standard of service and we try to deal swiftly with any problems that may occur.

Code of practice for patient complaints

It is our ultimate aim to resolve all issues at a query level to prevent them escalating into a complaint.

Our aim is to react to complaints in the way in which we would want our complaints about a service to be handled. We learn from every mistake that we make and respond to patients concerns in a caring and sensitive way.

The person responsible for dealing with any complaint about the service we provide is Mrs E M Hemingway.  Who will also ensure effective management and operation of this complaints procedure.

• If a patient complains at reception or over the telephone we will listen to his/her complaint and offer to refer him/her to Mrs E M Hemingway immediately. 
• If Mrs E M Hemingway is not available at the time, the patients name and telephone number, and an appropriate to time to call back should be noted and it be referred to Mrs E M Hemingway. If the complaint is crucial it should be brought to the attention of the dentist concerned immediately.  
• If the patient complains in writing it will be passed on immediately to the practice manager Mrs E M Hemingway.
• If a complaint is about any aspect of clinical care or associated charges referral to the concerned dentist should be the next stage, unless the patients request this not to happen.
• We will acknowledge the patients complaint in writing and enclose a copy of  “Code of practice” within three working days. We will seek to investigate the complaint within ten working days and give an explanation of the circumstances in which led to the complaint being made. If we are unable to investigate the complaint within ten working days we will notify the patient.
• We will seek to investigate the complaint speedily and efficiently and we will keep the patient regularly informed, as far as reasonably practicable, as to the progress of the investigation. Investigations will normally be completed within six months. 
• When we have completed our investigation, we will provide the patient with a full written report if they wish. The report will include an explanation of how the complaint has been considered, the conclusions reached in respect of each specific part of the complaint, details of any necessary remedial action and whether the practice is satisfied with any action it has already taken or will be taking as a result of the complaint. Patients who do not require a written report that make an informal complaint will be advised of what is likely to happen in the discussion and an account will be written in full in the complaints record.
• If a patient feels unable to complain to the practice the complaint can be made to NHS England.

By Post: Complaints Manager

              NHS England

              PO Box 16738

              Redditch

              B97 9PT

Email:  england.contactus@nhs.net

Phone: 0300 311 2233

If patients are not satisfied with the result of our procedure then a complaint may be referred to: 

The Ombudsman

Phone : 0345 051 4033

Email: phso.enquires@ombudsman.org.uk

By Post: The Parliamentry and Health Service Ombudsman, Millbank Tower, Millbank, London. SW1P 4QP

or

Care Quality Commission

Phone: 03000 616161

Email: www.cqc.org.uk

By Post: Care Quality Commision, National Correspondence, Citygate, Gallowgate, Newcastle upon Tyne. NE1 4PA

Staff GDC Registration Numbers

Link to GDC website www.gdc-uk.org

The Data Controller is Emma Hemingway (Reg number Z1179672)

Website last updated 05/11/2014