(1) (a) If any person holding a license issued by the board divides any fee or compensation received or charged for services rendered by him or her as a licensee or agrees to divide any fee or compensation with any person, firm, association, or corporation as pay or compensation to the other person for sending or bringing any patient or other person to the licensee, or for recommending the licensee to any person, or for being instrumental in any manner in causing any person to engage the licensee in his or her professional capacity; or if any licensee shall either directly or indirectly pay or compensate or agree to pay or compensate any person, firm, association, or corporation for sending or bringing any patient or other person to the licensee for examination or treatment, for recommending the licensee to any person, or for being instrumental in causing any person to engage the licensee in his or her professional capacity; or if any licensee, in his or her professional capacity and in his or her own name or behalf, shall make or present a bill or request a payment for services rendered by any person other than the licensee, the licensee commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (b) Notwithstanding the provisions of subsection (1)(a) of this section, a licensee may pay an independent advertising or marketing agent compensation for the advertising or marketing services rendered on the licensee's behalf by the agent, including compensation that is paid for the results or performance of the services on a per patient basis. (c) As used in this subsection (1), "independent advertising or marketing agent" means a person, firm, association, or corporation that performs advertising or other marketing services on behalf of licensees, including referrals of patients to licensees resulting from patient-initiated responses to advertising or marketing services. (2) Violation of the provisions of this section shall constitute grounds for the suspension or revocation of a license or the placing of the holder thereof on probation.
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