(a) Only an individual or individuals licensed by the Board to practice dentistry or a dental professional corporation may own a dental practice.
(b) Only an individual licensed by the Board to practice dentistry may:
(1) Direct the clinical training of a dentist, dental hygienist, or dental assistant who assists in the care and treatment of dental patients;
(2) Direct a dentist, dental hygienist, or dental assistant in providing dental care and treatment to dental patients;
(3) Hire, supervise, or terminate the employment of a dentist, dental hygienist, or dental assistant who provides dental care and treatment to dental patients;
(4) Direct the preparation and maintenance of patient treatment records or exert control of a patient’s or treating dentist’s right of access to patient treatment records; or
(5) Share in the income, revenues, profits, or fees with licensed dentists within the same dental practice.
(c) Except as provided in subsection (b)(5) of this section, a licensed dentist may not share in revenues or split fees.
(d) It is unlawful for any person who is not a licensed dentist to direct, control, or interfere with the independent professional judgment of a dentist or dental hygienist regarding the diagnosis, care, or treatment of a patient’s dental disease, disorder, or physical condition.
(e) Subject to subsections (a), (b), and (c) of this section, this section does not prohibit a dentist or dental professional corporation from entering into an agreement that provides that an unlicensed person may:
(1) Own, lease, or otherwise provide real property or furnishings, equipment, or other goods that are used by a dentist or dental practice;
(2) Provide bookkeeping, accounting, and tax preparation services;
(3) Administer and process payroll of a dental practice;
(4) Provide administrative management of patient treatment records;
(5) Interact with patients and third–party payors for the billing and collections for dental services;
(6) Create and place advertising and marketing, as approved by a licensed dentist;
(7) Provide services to assist in the recruitment of dentists, dental hygienists, and dental assistants for interview and hiring by a licensed dentist within the dental practice;
(8) Hire, supervise, and terminate the employment of nonprofessional office staff, subject to approval by a licensed dentist who has the authority to make that decision;
(9) Except as otherwise provided in subsection (b) of this section, provide and administer all normal and usual human resource–related services to nondental employees;
(10) Determine and assist in the acquisition of information technology;
(11) Provide general property management and maintenance;
(12) Assist in risk management, including legal and regulatory compliance, securing appropriate insurance coverages and policy limits, and the processing of insurance claims;
(13) Provide consulting services relating to productivity, efficiency, and cost management of a dental practice;
(14) Receive compensation in the form of fees negotiated with and approved by the dentist owners of the dental practice that shall be a predetermined fixed fee or fixed compensation and may be based on prior revenues or profits over a preceding period of 12 months or longer; or
(15) Contract with a third party to provide any of the services specified under this subsection.
(f) (1) The requirements of subsections (a) and (b) of this section do not apply to:
(i) A clinic maintained by:
1. A public school;
2. A federal, State, or local government agency or institution;
3. A dental or dental hygiene program that is approved by the Commission on Dental Accreditation (CODA) for an institution of higher education, as defined in § 10–101 of the Education Article; or
4. A charitable organization, as defined in § 6–101 of the Business Regulation Article;
(ii) A federal, State, or local government agency; or
(iii) A nonprofit organization that provides dental services and is:
1. A health care center or program that offers dental services:
A. Free of cost or on a sliding scale fee schedule; and
B. Without regard to an individual’s ability to pay; or
2. A Federally Qualified Health Center or a Federally Qualified Health Center Look–Alike.
(2) Notwithstanding the provisions of paragraph (1) of this subsection:
(i) Each dental hygienist, dental assistant, and dental technician employed by an entity described in paragraph (1) of this subsection shall be subject to the provisions of this title; and
(ii) Each dentist employed by an entity described in paragraph (1) of this subsection shall be licensed and subject to the provisions of Subtitle 3 of this title.
Structure Maryland Statutes