Professional indemnity explained

Indemnity for dentists: what the GDC requires

Reviewed by the Apex broking team · Last reviewed 2026-10-31

Dental indemnity is the arrangement that pays compensation and legal costs if a patient claims your treatment harmed them. The law requires every practising dentist to have appropriate cover, and a false declaration can become a fitness to practise matter.

Part of: Professional indemnity insurance

In short

Under section 26A of the Dentists Act 1984, a registered dentist who practises must have an indemnity arrangement providing appropriate cover for their practice. The arrangement can be an insurance policy, another indemnity arrangement, or a combination. Dental care professionals have an equivalent duty. You declare cover at registration and each renewal. Associates, practice owners, hospital dentists and those adding cosmetic treatments face different gaps, and the choice between discretionary indemnity and a contract of insurance affects how certain your protection is.

Is indemnity a legal requirement for dentists?

Yes. Under section 26A of the Dentists Act 1984, a registered dentist practising as a dental practitioner must have an indemnity arrangement in force that provides "appropriate cover" for that practice. The section was substituted in 2014 by the Health Care and Associated Professions (Indemnity Arrangements) Order 2014, and the General Dental Council made the GDC (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015 to set out how registrants evidence it.

The Act defines an indemnity arrangement as a policy of insurance, an arrangement made for the purpose of indemnifying a person, or a combination of the two. Appropriate cover means cover against liabilities that may be incurred in practising, judged against the nature and extent of the risks.

The GDC indemnity requirement page explains that the duty applies to dentists and to dental care professionals (DCPs) such as dental nurses, hygienists, therapists and technicians. You declare at registration, renewal or restoration that you have, or will have, cover before you start working. A declaration found to be false may be treated as a fitness to practise matter.

Discretionary indemnity versus insurance

Dentists have traditionally obtained indemnity in two ways, and both can satisfy the law if the cover is appropriate.

Feature	Discretionary indemnity	Contract of insurance
Legal basis	Membership benefit; the provider decides whether to assist	A policy with contractual terms the insurer must honour
Certainty	No contractual right to have a claim paid	Claims paid subject to the policy terms and exclusions
Regulation	Generally outside FCA insurance regulation	Written by authorised insurers and arranged by regulated brokers
Typical basis	Varies by provider; check how incidents and later claims are treated	Commonly claims made, which makes run-off planning important
Extras	Often advice lines, regulatory support and wellbeing services	Varies; regulatory defence and data cover may be included or optional

Neither route is automatically better. The point to understand is what you are buying: a right to cover under a contract, or a right to ask for help. The GDC's guidance, revised after its 2023 consultation, explains the types of cover and includes a checklist for choosing between them.

The basis of cover matters because dental claims often surface long after treatment. A patient may not connect a failed restoration, a missed periodontal diagnosis or nerve damage from an extraction to the treatment until years later. On an occurrence basis, the arrangement in force when the treatment happened responds. On a claims made basis, the policy in force when the claim is first made responds, so continuous cover and, eventually, run-off become essential. When switching between the two, ask the new provider how earlier treatment will be handled so that no period falls between them. If you hold claims made insurance, ask about run-off cover before retiring or moving abroad.

NHS work, private work and who arranges cover

How you work determines whose arrangements respond.

Hospital dentists employed by an NHS trust are usually covered for their NHS clinical work through the trust's arrangements, but private sessions are not.
Associates in general practice are usually self-employed and need their own indemnity for NHS and private treatment alike.
Practice owners need cover for their own treatment and should check how the practice entity is protected against claims arising from staff, systems and vicarious liability. Practices registered with the Care Quality Commission in England should also read our page on what CQC registered providers need.
DCPs may rely on an employing dentist's arrangements, but the GDC says this works only if you have or can access the policy details. An employers’ liability policy does not count, because it covers staff injuries, not patient claims.

Alongside indemnity, a practice will usually need public liability, property and cyber cover. Our healthcare clinic insurance guide sets out the full programme.

Illustrative examples

These examples are illustrative only and do not describe real cases.

Example 1: the associate's implant case. An associate places implants, a procedure not declared to their indemnity provider. A patient claims for nerve damage. The provider questions whether the treatment was within the scope of cover.
Example 2: the hospital dentist with a private list. A dentist employed by a trust also works one day a week in a private clinic. A complaint about the private work falls outside the trust's arrangements, so personal cover is needed.
Example 3: adding aesthetics. A practice begins offering cosmetic injectables. Government proposals for England, published for consultation in 2026, would restrict some high-risk procedures to specified professionals, including dentists, with enforcement by the Care Quality Commission. The practice checks that the treatments are declared. See the 2026 cosmetic procedure proposals.

Common misunderstandings

"My employer's insurance covers me." Only if it covers patient claims for your scope of practice and you can see the details.
"Indemnity covers everything I do clinically." Implants, sedation, orthodontic aligners and facial aesthetics are often rated separately and must be declared.
"Clinical cover protects the business." An individual's indemnity may not cover the practice company, its directors or its non-clinical liabilities. See D&O for healthcare companies.
"I can stop paying when I retire." If your cover is claims made, claims about past treatment can still arrive, so plan run-off before your final day.
"Using AI tools makes no difference." Treatment planning and radiograph tools raise questions about responsibility. See does dental indemnity cover AI and the wider AIpedia for dentists.

What to check with your broker

List every treatment you provide, including any you plan to add in the next year.
Confirm whether your cover is discretionary or insured, and whether it is claims made or occurrence based.
Check that NHS and private work, and every site where you practise, are included.
Ask whether GDC fitness to practise defence costs and data protection claims are covered.
For practice owners, check the entity, its staff and its non-clinical liabilities separately.

Apex arranges insured professional indemnity and medical malpractice cover for dental practices and practitioners; a broker reads every enquiry.

Sources

Frequently asked

Is dental indemnity a legal requirement in the UK?

Yes. Section 26A of the Dentists Act 1984 requires a registered dentist who practises to have an indemnity arrangement providing appropriate cover for their practice. Dental care professionals have an equivalent duty, and all registrants declare their cover to the General Dental Council at registration and renewal.

What is the difference between discretionary indemnity and insurance?

Discretionary indemnity is a membership benefit where the provider decides whether to help with a claim. Insurance is a contract: the insurer must pay valid claims subject to the policy terms. Both can meet the legal requirement if the cover is appropriate to your practice.

Do dental nurses need their own indemnity?

Dental nurses and other dental care professionals must have appropriate indemnity, but it can come from their employer if the employer’s policy covers them and they have or can access the details. An employers’ liability policy does not count because it does not cover patient claims.

Does my indemnity cover facial aesthetics?

Only if the treatments are declared and accepted. Facial aesthetics are often rated separately from general dentistry, and proposed rules in England would restrict some high-risk cosmetic procedures to specified healthcare professionals. Check your scope before offering new treatments.

What happens if my declaration to the GDC is wrong?

The GDC says a false declaration of appropriate indemnity is a serious matter that may be treated as a fitness to practise issue. If your work changes or your cover lapses, put appropriate cover in place before continuing to practise.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.