(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.
‹ Prev All Maryland sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.