Section 4-103 - Activities limited to licensed dentists(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: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; or4. 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; andB. Without regard to an individual's ability to pay; or2. 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.Added by 2020 Md. Laws, Ch. 380,Sec. 1, eff. 10/1/2020.Added by 2020 Md. Laws, Ch. 379,Sec. 1, eff. 10/1/2020.