Whether you are buying or selling a dental practice, the process not only involves the generic transactional business, but regulatory and compliance matters. These must be fulfilled by the buyer or seller respectively before any dental transaction can be completed.
Do I need to apply to the CQC if I am buying a practice?
Yes. The CQC, together with NHS England, is one of the main regulatory bodies in England. The CQC must be satisfied that any individual, partnership or company proposing to purchase and run a dental practice, meets the quality standards of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Any change to the regulated activities being carried out at any practice, including change of partners, ownership or management, must be given CQC approval before such change can take effect.
But I already have a CQC Registration?
If you already own and run a practice, but are buying a dental practice at a separate location, this will involve a new registration process, separate to your existing one. Depending on the current and proposed set up will depend whether you can simply add this as a new location or not. There are various CQC applications which may be required depending on the specifics of the transaction but often, a buyer will need enter into a CQC Partnership with the Sellers for a brief period upon completion of the purchase. This involves submitting an application for an entirely new provider (where the Seller is an individual or adding a buyer as new partner, if there is more than one seller already registered). Additionally, the buyer will complete an application to register as the manager of the practice being purchased or apply to make a nominated individual the registered manager. The Seller will also need to cancel existing registrations or remove the location and this should tie in with the Buyer’s application.
Will I need a DBS check to apply to the CQC?
Some applications submitted to the CQC will require you to have CQC Countersigned DBS check not more than 12 months old. You will need a DBS check if you are applying to the CQC for any of the following registrations:
- Application to register as a New Provider: Individual
- Application to register as a New Provider: Partnership – all partners in the partnership will need individual DBS checks
- Application to be added as a Partner to the Sellers existing registration; and
- Application to become the new registered manager.
How can Ironmonger Curtis help?
There are a broad variety of CQC matters that must be dealt with in any dental sale or purchase. Ironmonger Curtis’s specialist dental lawyers can guide you through the process and have extensive experience dealing with CQC applications and registrations.
For more information please contact our expert dental solicitors.