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§ 4-103. Practice of dentistry; activities requiring license

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2020

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 4. Dentistry (Refs & Annos)
Subtitle 1. Definitions; General Provisions (Refs & Annos)
Effective: October 1, 2020
MD Code, Health Occupations, § 4-103
§ 4-103. Practice of dentistry; activities requiring license
Ownership of dental practice
(a) Only an individual or individuals licensed by the Board to practice dentistry or a dental professional corporation may own a dental practice.
Activities requiring license
(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.
Share in revenues or split fees prohibited
(c) Except as provided in subsection (b)(5) of this section, a licensed dentist may not share in revenues or split fees.
Unlicensed person prohibited to direct, control, or interfere with independent professional judgment of dentist or dental hygienist
(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.
Scope of section; agreements between dentist or dental professional corporation and unlicensed person
(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.
Application of requirements of subsections (a) and (b)
(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.

Credits

Added by Acts 2020, c. 379, § 1, eff. Oct. 1, 2020; Acts 2020, c. 380, § 1, eff. Oct. 1, 2020.
MD Code, Health Occupations, § 4-103, MD HEALTH OCCUP § 4-103
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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