65-1471. Dental services agreements; limitations. (a) As used in this section, "licensed dentist" means a dentist licensed under the dental practices act.
(b) No person who is a licensed dentist or any entity that is not a professional corporation or limited liability company owned by a licensed dentist shall enter into or continue to maintain a contract or agreement with a licensed dentist in which such contract or agreement allows or provides for the following functions to be controlled by any person or entity other than a licensed dentist pursuant to this section:
(1) Providing dental treatment to patients;
(2) the decision to accept individual patients for treatment;
(3) the direction or delegation of all professional dental services;
(4) the ownership of dental charts or patient records;
(5) except as provided in subsection (d), the ownership of dental equipment or dental materials; and
(6) the supervision of clinical dental staff.
(c) It shall not be a violation of this section for a person or entity to act on behalf of a licensed dentist to perform or arrange for others to perform office administrative services including, but not limited to:
(1) Purchasing, billing or tax preparation;
(2) compliance or quality assurance programs;
(3) legal advice or representation; and
(4) payroll, advertising, training, recruiting, recordkeeping, programming or other similar functions under the direction or with the consent or approval of a licensed dentist or professional corporation or limited liability company owned by a licensed dentist.
(d) Nothing in this section shall prohibit a licensed dentist, professional corporation or limited liability company owned by a licensed dentist from entering into real estate lease, equipment lease or lease purchase agreement or bona fide sale of dental equipment or material secured by a chattel mortgage or retain title agreements with equipment manufacturers, landlords, lending institutions, leasing companies, dental franchisors or persons or entities providing dental office administrative services or similar commercial financing transactions.
(e) No contract or provision in any such agreement shall require either party to indemnify the other party for negligence, intentional acts or omissions that constitute a violation of K.S.A. 65-1422 et seq., and amendments thereto.
History: L. 2011, ch. 114, ยง 97; June 9.
Structure Kansas Statutes
Article 14 - Regulation Of Dentists And Dental Hygienists
65-1421 License required to practice dentistry or dental hygiene.
65-1422 Persons deemed to be practicing dentistry.
65-1423 Act inapplicable to certain practices, acts and operations; definitions.
65-1425 Corporations not to practice dentistry; exception; employee to display name.
65-1428 Examination of applicants; examination subjects and results; licenses.
65-1429 Subsequent examination upon failure to pass; fee.
65-1430 Display of name and license.
65-1432 Change of practice location address.
65-1433 Duplicate license; fee.
65-1437 Advertising; prohibitions; rules and regulations; "licensee" defined.
65-1442 Board to assist prosecuting officers.
65-1445 Druggists may fill prescriptions.
65-1447 Fees; fixed by board, guidelines and limitations.
65-1448 Wartime fee remittance rules.
65-1452 Subpoenas and testimony.
65-1453 Taking of depositions.
65-1454 Witnesses; incriminating testimony compelled; exempt from prosecution.
65-1456a Retired, disabled and inactive dental hygienists; qualifications for extended care permit.
65-1457 Licensure required to practice dental hygiene.
65-1458 Dentists and dental hygienists; revocation or suspension of licenses; hearing; review.
65-1459 Dental interns; rules and regulations; revocation of permits.
65-1460 Penalties for violations.
65-1464 Citation of dental practices act.
65-1467 Dental board complaints and related information confidential, limited disclosure authorized.
65-1468 Professional liability insurance required to practice dentistry.
65-1469 Mobile dental facility or portable dental operation; registration; application of section.
65-1470 Dental office administrative service agreements; registration requirements.
65-1471 Dental services agreements; limitations.
65-1472 Special volunteer dental license established; requirements.