MD. Health Occupations Code Ann. §  4-103 (2021)
2021 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.