32-1213

32-1213. Business entities; registration;
renewal; civil penalty; exceptions

A. A business entity may not offer dental services pursuant to this chapter unless:

1. The entity is registered with the board pursuant to this section.

2. The services are conducted by a licensee pursuant to this chapter.

B. The business entity must file a registration application on a form provided by
the board. The application must include:

1. A description of the entity's services offered to the public.

2. The name of any dentist who is authorized to provide and who is responsible for
providing the dental services offered at each office.

3. The names and addresses of the officers and directors of the business entity.

4. A registration fee prescribed by the board in rule.

C. A business entity must file a separate registration application and pay a fee
for each branch office in this state.

D. A registration expires three years after the date the board issues the
registration. A business entity that wishes to renew a registration must submit an
application for renewal as prescribed by the board on a triennial basis on a form
provided by the board before the expiration date. An entity that fails to renew the
registration before the expiration date is subject to a late fee as prescribed by the
board by rule. The board may stagger the dates for renewal applications.

E. The business entity must notify the board in writing within thirty days after
any change:

1. In the entity's name, address or telephone number.

2. In the officers or directors of the business entity.

3. In the name of any dentist who is authorized to provide and who is responsible
for providing the dental services in any facility.

F. The business entity shall establish a written protocol for the secure storage,
transfer and access of the dental records of the business entity's patients. This
protocol must include, at a minimum, procedures for:

1. Notifying patients of the future locations of their records if the business
entity terminates or sells the practice.

2. Disposing of unclaimed dental records.

3. The timely response to requests by patients for copies of their records.

G. The business entity must notify the board within thirty days after the
dissolution of any registered business entity or the closing or relocation of any
facility and must disclose to the board the entity's procedure by which its patients may
obtain their records.

H. The board may do any of the following pursuant to its disciplinary procedures if
an entity violates the board's statutes or rules:

1. Refuse to issue a registration.

2. Suspend or revoke a registration.

3. Impose a civil penalty of not more than two thousand dollars for each violation.

4. Enter a decree of censure.

5. Issue an order prescribing a period and terms of probation that are best adapted
to protect the public welfare and that may include a requirement for restitution to a
patient for a violation of this chapter or rules adopted pursuant to this chapter.

6. Issue a letter of concern if a business entity's actions may cause the board to
take disciplinary action.

I. The board shall deposit, pursuant to sections 35-146 and 35-147, civil penalties
collected pursuant to this section in the state general fund.

J. This section does not apply to:

1. A sole proprietorship or partnership that consists exclusively of persons who
are licensed pursuant to this chapter.

2. Any of the following entities licensed under title 20:

(a) A service corporation.

(b) An insurer authorized to transact disability insurance.

(d) A health care services organization that does not provide directly for dental
services.

3. A professional corporation or professional limited liability company, the shares
of which are exclusively owned by persons who are licensed pursuant to this chapter and
that is formed to engage in the practice of dentistry pursuant to title 10, chapter 20 or
title 29, chapter 4, article 11.

4. A facility regulated by the federal government or a state, district or territory
of the United States.

5. An administrator or executor of the estate of a deceased dentist or a person who
is legally authorized to act for a dentist who has been adjudicated to be mentally
incompetent for not more than one year from the date the board receives notice of the
dentist's death or incapacitation pursuant to section 32-1270.

K. A facility that offers dental services to the public by persons licensed under
this chapter shall be licensed by the board unless the facility is any of the following:

1. Owned by a licensee.

2. Regulated by the federal government or a state, district or territory of the
United States.

L. Except for issues relating to insurance coding and billing that require the
name, signature and license number of the dentist providing treatment, this section does
not:

1. Authorize a licensee in the course of providing dental services for an entity
registered pursuant to this section to disregard or interfere with a policy or practice
established by the entity for the operation and management of the business.

2. Authorize an entity registered pursuant to this section to establish or enforce
a business policy or practice that may interfere with the professional judgment of the
licensee in providing dental services for the entity or may compromise a licensee's
ability to comply with this chapter.

M. The board shall adopt rules that provide a method for the board to receive the
assistance and advice of business entities licensed pursuant to this chapter in all
matters relating to the regulation of business entities.