Dental CMA Developments

Dental practices operate within an increasingly regulated environment. Recent developments involving the Competition and Markets Authority (CMA) have increased the focus on how private dental practices communicate with patients, present pricing information and comply with consumer protection law.

Although the CMA’s market study is not an enforcement action against individual practices, it may influence future regulatory expectations across the sector. Dental practices may wish to consider whether their existing procedures, patient documentation and commercial arrangements remain appropriate in light of increasing regulatory scrutiny. Obtaining legal advice at an early stage can help identify potential areas of risk and help reduce compliance risk.

Initial Telephone Discussion

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What Are Dental CMA Developments?

The CMA has launched a market study into private dentistry to consider whether the market is working effectively for patients. The review is examining matters such as the availability of pricing information, patient choice, treatment recommendations and whether consumers are able to make informed decisions before proceeding with treatment.

The CMA announced its market study following concerns about access to NHS dentistry, increasing reliance on private treatment and whether patients are receiving sufficiently clear information about pricing, treatment options and the choices available to them before agreeing to treatment.

These developments come at a time when consumer protection has become an increasing area of regulatory focus. The Digital Markets, Competition and Consumers Act 2024 significantly strengthens the CMA’s consumer enforcement powers, including the ability to impose substantial financial penalties for breaches of consumer protection law. As a result, dental practices may wish to review their existing procedures and documentation to ensure they continue to comply with consumer protection law.

Although the outcome of the market study is not yet known, practices should be aware that further guidance or recommendations may follow. Taking proactive steps now may help reduce the need for more significant changes in the future.

Key Issues for Dental Practices

Dental practices may wish to review the information provided to patients before treatment begins. This may include website content, pricing information, patient information, treatment plans, consent documentation, finance arrangements and patient terms and conditions.

Practices should ensure that patients receive clear and accurate information regarding the cost of treatment, any additional charges and the treatment options available to them. Information should enable patients to make informed decisions and should not be misleading, omit material information or present pricing claims in a way that may affect a patient’s decision.

Practices offering cosmetic treatment, membership schemes or finance options may also wish to review how these services are promoted. Marketing materials, social media content and online advertising should accurately reflect the services provided and avoid creating unrealistic expectations regarding treatment outcomes.

Where practices operate across multiple locations, consideration should also be given to ensuring that patient documentation and pricing information are applied consistently throughout the business.

Potential Issues for Dental Practices

Every dental practice operates differently and the issues arising from the CMA’s review will depend on the nature of the services provided.

Potential concerns may include inconsistent pricing information, unclear patient terms, inadequate consent procedures, misleading advertising, pricing claims or documentation that no longer reflects current consumer protection requirements. Questions may also arise regarding finance agreements, membership plans, cancellation terms or ensuring patients clearly understand whether treatment is being provided privately or under NHS arrangements.

Practices may also wish to consider whether their website content, patient communications and commercial documentation are consistent with current regulatory expectations, particularly if further guidance or enforcement activity follows.

For practices considering expansion, acquisition or a future sale, compliance with consumer protection law is increasingly becoming an important aspect of legal due diligence. Identifying and addressing potential issues at an early stage can help minimise disruption and reduce legal risk.

Why Legal Advice Is Important

The CMA developments highlight the increasing importance of consumer protection within the dental sector. Compliance involves more than simply updating policies or website content. It requires careful consideration of how patients receive information, how treatment options are presented and whether contractual documentation accurately reflects the services being provided.

Legal advice can assist with reviewing patient terms and conditions, treatment documentation, marketing materials and internal procedures to help reduce compliance risk. It can also help identify potential issues before they develop into regulatory concerns or disputes.

Careful legal advice can also assist with identifying areas where existing documentation may no longer reflect current regulatory expectations, allowing practices to address potential issues before they become more significant.

How We Can Help

The legal and regulatory landscape for dental practices continues to evolve. Obtaining legal advice at an early stage can help identify potential compliance issues, minimise risk and help reduce compliance risk.

Our experienced team provides clear and practical advice to dental practices on commercial, regulatory and consumer protection matters. We can assist with reviewing patient documentation, website content, treatment terms, pricing information, marketing materials and internal procedures to help reduce compliance risk and support compliance with applicable legal requirements.

We can also advise practices reviewing their compliance procedures, preparing for investment, acquisition or sale or seeking to ensure their documentation remains legally up to date.

We work closely with practice owners, dental groups and other professionals to help protect their interests and ensure that their legal documentation remains fit for purpose.

How to Get in Contact

If you require advice on CMA developments or compliance issues affecting your dental practice, contact our experienced team today.

To get in touch, call us on 020 4570 9600 or email hello@birdigroup.com.

We can advise and assist clients throughout England and Wales.