{"data":{"id":"us-md/md.-code-health-occupations-4-103","jurisdiction":"us-md","citation":"Md. Code, Health Occupations § 4–103","heading":"","body":"(a) Only an individual or individuals licensed by the Board to practice dentistry or a dental professional corporation may own a dental practice.\n(b) Only an individual licensed by the Board to practice dentistry may:\n(1) Direct the clinical training of a dentist, dental hygienist, or dental assistant who assists in the care and treatment of dental patients;\n(2) Direct a dentist, dental hygienist, or dental assistant in providing dental care and treatment to dental patients;\n(3) Hire, supervise, or terminate the employment of a dentist, dental hygienist, or dental assistant who provides dental care and treatment to dental patients;\n(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\n(5) Share in the income, revenues, profits, or fees with licensed dentists within the same dental practice.\n(c) Except as provided in subsection (b)(5) of this section, a licensed dentist may not share in revenues or split fees.\n(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.\n(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:\n(1) Own, lease, or otherwise provide real property or furnishings, equipment, or other goods that are used by a dentist or dental practice;\n(2) Provide bookkeeping, accounting, and tax preparation services;\n(3) Administer and process payroll of a dental practice;\n(4) Provide administrative management of patient treatment records;\n(5) Interact with patients and third–party payors for the billing and collections for dental services;\n(6) Create and place advertising and marketing, as approved by a licensed dentist;\n(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;\n(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;\n(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;\n(10) Determine and assist in the acquisition of information technology;\n(11) Provide general property management and maintenance;\n(12) Assist in risk management, including legal and regulatory compliance, securing appropriate insurance coverages and policy limits, and the processing of insurance claims;\n(13) Provide consulting services relating to productivity, efficiency, and cost management of a dental practice;\n(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\n(15) Contract with a third party to provide any of the services specified under this subsection.\n(f) (1) The requirements of subsections (a) and (b) of this section do not apply to:\n(i) A clinic maintained by:\n1. A public school;\n2. A federal, State, or local government agency or institution;\n3. 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\n4. A charitable organization, as defined in § 6–101 of the Business Regulation Article;\n(ii) A federal, State, or local government agency; or\n(iii) A nonprofit organization that provides dental services and is:\n1. A health care center or program that offers dental services:\nA. Free of cost or on a sliding scale fee schedule; and\nB. Without regard to an individual’s ability to pay; or\n2. A Federally Qualified Health Center or a Federally Qualified Health Center Look–Alike.\n(2) Notwithstanding the provisions of paragraph (1) of this subsection:\n(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\n(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.","path":["Article - Health Occupations"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gho\u0026section=4-103","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:58Z","sha256":"268ef4150a3f89932ed28c08596b6bd6f39aa46d0cda5b65973da5a4409c6d1c","source_id":"us-md","stale":false,"prev":"us-md/md.-code-health-occupations-4-102","next":"us-md/md.-code-health-occupations-4-104"},"notice":"GroundRules: Original legal text. Not legal advice."}