Is it illegal for someone other than a practicing dentist to own a portion of the dental practice?
Full Question:
Is it illegal for someone other than a practicing dentist to own a portion of the dental practice?
08/01/2007 |
Category: Corporations |
State: Tennessee |
#7648
Answer:
The answer depends in part on the bylaws/operating agreement of the practice. The following is a HI statute:
§ 448-15. No corporation to practice dentistry; penalty.
No corporation shall practice dentistry or engage therein, or hold
itself out as being entitled to practice dentistry, or furnish dental
services or dentists, or advertise under or assume the title of dentist
or dental surgeon or equivalent title, or furnish dental advice for any
compensation, or advertise or hold itself out with any other person or
alone, that it has or owns a dental office or can furnish dental
service, dentists, or dental surgeons, or solicit through itself, or its
agents, officers, employees, directors, or trustees, dental patronage for
any dentist or dental surgeon employed by any corporation; provided that
nothing in this section shall prohibit a corporation from employing a
dentist or dentists to render free dental services to its employees, nor
shall it apply to corporations or associations in which the dental
services were originated and are being conducted upon a purely charitable
basis for the worthy poor, nor shall it apply to corporations or
associations furnishing information or clerical services which can be
furnished by persons not licensed to practice dentistry, to any person
lawfully engaged in the practice of dentistry, when the dentist assumes
full responsibility for the information and services, nor shall it apply
to dental service corporations formed for the primary purpose of
contracting with individuals, groups of individuals, and corporations for
defraying or assuming the cost of services of dentists and dental
surgeons and of contracting on behalf of dentists and dental surgeons to
furnish such services as provided in chapter 423, nor shall it apply to
professional corporations as defined in chapter 415A. Any corporation
violating this section shall be fined not less than $200 or more than
$500 for each offense, and each day's violation shall be considered a
separate offense.
Every association of persons engaged in the practice of dentistry under
the name of an association or other title, shall cause to be displayed
and kept in a conspicuous place at the entrance to its place of business
the names of each and every person employed by the association in the
practice of dentistry; and every person so employed by any association
shall cause the person's name to be so displayed. Any person employed by
the association whose name is not displayed as above provided shall be
guilty of a failure to comply with this chapter and shall be punished as
in this chapter provided; and the association, and the persons comprising
the same, for failure to display the aforesaid names, shall be guilty of
a failure to comply with this chapter and shall be punished as in this
chapter provided.
[L 1903, c 40, § 11; RL 1925, § 1076; RL 1935, § 991; am L 1937, c 220,
§ 5; RL 1945, § 2162; RL 1955, § 61-15; am L 1961, c 69, § 1; HRS
§ 448-15; am L 1969, c 226, § 4; am L 1983, c 167, § 18; am L 1985, c 270,
§ 4; gen ch 1985; am L 1996, c 13, § 13]