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Purpose: To establish a policy as to trade names and
the corporate practice of dentistry in Mississippi.
1.
Name of Dental
Facility
Since the name under which a dentist conducts his or her
practice may be a factor in the selection process of the patient, and use of a
trade name or an assumed name that is false or misleading in any material
respect is unethical, a dentist may practice in a dental facility which uses
any of the following names:
A. The
name of the dentist as it appears on his or her license and renewal
certificate; or
B. The name of a
dentist who employs him or her and practices in the same facility; or
C. A partnership name composed of the name(s)
of one or more dentists practicing in the same facility; or
D. A corporate name composed of the name(s)
of one or more of the dentists practicing as employees of the corporation in
the same facility; or
E. A
corporate or trade name, if the conditions set forth in subsection 2 of this
Regulation are fulfilled.
2.
Corporate or Trade
Name
Dentists licensed in the State of Mississippi who practice
as individuals, partnerships, professional corporations, associations, or other
group practices may use a corporate or trade name for the facility in which
they conduct their practice if the following conditions are met:
A. Each corporate or trade name shall be
registered with the Board by any licensed dentist(s), who must be associated
with the dental facility and who shall assume responsibility for compliance
with the section. Each corporate or trade name must be approved by the Board
prior to the use of the name. Names which in the judgment of the Board are
false, misleading, or deceptive will be prohibited.
B. Each corporate or trade name must list the
family name(s) of the applying and responsible dentist(s).
C. It is the obligation of each licensed
dentist who works in a facility that utilizes a corporate or trade name to
notify the Board in writing of the same.
D. All advertisements including, but not
limited to, signage, printed advertisements, and letterheads shall contain the
name, as it appears on his or her license and renewal certificate, degree
(D.M.D. or D.D.S.), and, if qualified, a specialty recognized by the American
Dental Association of at least one licensed dentist who is associated with the
dental facility and who shall, in conjunction with the licensed dentist
referred to in subsection A., assume responsibility for the
advertisement.
E. In the entrance
or reception area of the dental office, a chart or directory listing the names
of all dentists practicing at that particular location shall be kept at all
times prominently and conspicuously displayed.
F. The names of all dentists who practice
under the corporate or trade name shall be maintained in the records of the
dental facility for five (5) years following the departure of any individual
from the practice.
G. Corporate or
trade names previously approved and registered with the Board will be
considered as being in compliance with these Rules and Regulations.
H. A dentist may practice in a predominantly
medical facility that uses a corporate or trade name.
3.
Name of Record
Subsequent to the administration of dental service, the
dentist of record shall place his or her name in the record of the patient
following a description of the service rendered. If the treatment is rendered
by a dentist other than the dentist of record or by a dental hygienist, the
name of that person shall be placed in the record of the patient. For
advertising purposes only, use of the name of a dentist no longer actively
associated with the practice may be continued for a period not to exceed one
(1) year. However, subsequent to the administration of dental service, it is
not necessary for a dentist of record who is a sole practitioner to place his
or her name in the record of the patient following a description of the service
rendered.
4.
Approval or Rejection of a Corporate Name/Trade Name
A. The Mississippi State Board of Dental
Examiners shall notify the party submitting a proposed corporate name/trade
name within sixty (60) days after submission as to the approval or rejection of
the proposed name.
B. If the
proposed name is rejected, the party submitting the name shall have fifteen
(15) days from receipt of the notice of the rejection to request an appearance
before the Board for reconsideration of the Board's rejection. The Board shall
notify the party seeking reconsideration of a rejected corporate name/trade
name of its decision within thirty (30) days after the party's appearance
before the Board.
5.
Corporate Practice
Due to the increased interest in the area of managed care
and integrated health care systems, the Mississippi State Board of Dental
Examiners has considered its policy as to the corporate practice of dentistry.
After due consideration, it is the policy of this Board not to concern itself
with the form or type of business arrangements entered into by a licensee,
provided certain prerequisites are met, to-wit:
A. The dentist employed or associated with
the entity is licensed by this Board.
B. The method and manner of patient treatment
and the means by which patients are treated are left to the sole and absolute
discretion of the licensed dentist. The provision of dental services and the
exercise of sound dental judgment at all times shall be exercised solely at the
discretion of the licensed dentist, and he/she shall not be subject to any
influence, direct or indirect, to the contrary.
C. The manner of billing and the amount of
fees and expenses charged a patient for dental services rendered shall be left
solely to the discretion of the licensed dentist.
D. At no time shall a dentist enter into any
agreement or arrangement whereby consideration or compensation is received as
an inducement for the referral of patients or for the referral of dental
services or supplies.
E. Licensed
dentists shall have the sole responsibility for approval of any and all public
communications or advertisements, and these communications and/or
advertisements must be in full compliance at all times with the requirements
set forth in Rule 1.43 --Board Regulation 43.
F. Pursuant to Miss. Code
Ann. ' 79-10-31, shareholders of a professional corporation which
renders dental services shall only be licensed dentists.
