Meeting the requirements

One of the questions we are continually asked about HTM 01-05 relates to the authority of the document, specifically regarding the fact that advice in HTM 01-05 is advisory, not mandatory.

It is clearly important that dental practices are aware of what is expected of them, but different interpretations of the requirements are being made and this could lead to difficulties when inspected by the CQC.

The important document is The Health and Social Care Act. This document is a law, and lays down mandatory compliance criteria. Particularly relevant here are Compliance Criterion 2 and 8, stating respectively:

The question then is how best to meet these mandatory requirements?

HTM 01-05 is indeed advisory, the Health and Social Care Act makes this clear when it states: 'This guidance is not mandatory but is considered to represent the basic steps to ensure that the criteria can be met. There may be additional or alternative strategies that a service provider is able to justify as equivalent or more effective in achieving compliance in their circumstances. Providers are free to decide to use alternative approaches but should be prepared to justify to an inspecting body how the chosen approach is equally effective or better in ensuring that the criteria are met.'