Section 34-9-9

Certain employment, ownership, and lease arrangements with unlicensed persons prohibited; secured sales of equipment, etc.; employment of dentist to treat employees; unlicensed persons not to select course of treatment, etc.

(a) No person other than a dentist licensed pursuant to this chapter may:

(1) Employ a dentist, dental hygienist or both in the operation of a dental office;

(2) Place in the possession of a dentist, dental hygienist or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or

(3) Retain the ownership or control of dental equipment, material, or office and make the same available in any manner for the use of a dentist, dental hygienist or other agent.

(4) The term "person" as used in this section, shall not in any way pertain to state, county, municipal or city institutions but shall be deemed to include any individual, firm, partnership, corporation or other entity not licensed to practice dentistry in the State of Alabama.

(5) Nothing in this subsection shall apply to bona fide sales of dental equipment, material or office secured by a chattel mortgage or retention title agreement, or to an agreement for the rental of the equipment or office by bona fide lease at a reasonable amount, and under which agreement the licensee under this chapter maintains complete care, custody, and control of said equipment and his practice. Further, nothing in this subsection shall prohibit or restrict persons, firms or corporations from employing or retaining licensed dentists to furnish dental treatment for their employees or dependents of their employees.

(b) The purpose of this section is to prevent a non-dentist from influencing or otherwise interfering with the exercise of a dentist's independent professional judgment. In addition to the acts specified in subsection (a) no person, other than a dentist licensed in accordance with this chapter, shall enter into a relationship with a person licensed under this chapter pursuant to which said unlicensed person exercises control over the following:

(1) The selection of a course of treatment for a patient, the procedures or materials to be used as a part of such course of treatment, and the manner in which such course of treatment is carried out by the licensee;

(2) The patient records of a dentist;

(3) Policies and decisions relating to pricing, credit, refunds, warranties and advertising; and

(4) Decisions relating to office personnel and hours of practice.

(c) Any licensed dentist or dental hygienist who enters into any of the arrangements or relationships described in subsection (a) or subsection (b) above with an unlicensed person as defined above, may be subject to any of the penalties set forth in Section 34-9-18.

(Acts 1959, No. 100, p. 569, §13; Acts 1981, No. 81-372, p. 540, §2; Acts 1985, No. 85-697, p. 1120, §1.)