2022 Maryland Statutes
Health Occupations
Title 4 - Dentistry
Subtitle 1 - Definitions; General Provisions
Section 4-103 - Dental Practice to Be Owned by Licensed Dentist or Professional Corporation -- Actions Authorized

    (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.