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(a)Pursuant to §251.003(a)(4) of the Dental Practice
Act, a person practices dentistry if the person owns, maintains, or
operates an office or place of business in which the person employs
or engages under any type of contract another person to practice dentistry.
An office or place of business in which a person employs or engages
under any type of contract another person to practice dentistry is
a dental practice. A dental practice includes, but is not limited
to the following:
(1)the provision of services named in §251.003
of the Dental Practice Act;
(2)the ownership and/or maintenance of patient records;
(3)the use of equipment required to provide the services
named in §251.003 of the Dental Practice Act; and
(4)the use of an office or other facility to provide
the services named in §251.003 of the Dental Practice Act.
(b)Pursuant to §259.004(b) of the Dental Practice
Act, a person who practices dentistry and has another dentist practicing
under the person is responsible for all professional acts performed
under the name of the person, regardless of whether the dentist has
an ownership interest or an employment or contractual relationship.
This does not affect an individual license holder's responsibilities
and rights under this subtitle, and the Board may take disciplinary
action against both the dentist under whose name others are practicing
and the persons practicing dentistry under the dentist's name, for
violations of the Dental Practice Act and/or Board Rules committed
by the persons practicing dentistry.
(c)Pursuant to §259.004(c) of the Dental Practice
Act, a licensed dentist may maintain more than one office in this
state so long as the dentist assumes full legal responsibility and
liability for the dental services provided in each office and complies
with the requirements prescribed by Board Rules. Dental services include
all services provided in a dental practice.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the
Secretary of State on December 8, 2014
TRD-201405889 Nycia Deal
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: January 18, 2015
For further information, please call: (512) 475-0977
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