§ 63-5-121. Dental Practice to Be Owned by Dentist — Exception for Death or Disability
Except where dental services are regularly made available to employees by their employer or where dental services are being provided by an official agency of the state government or any subdivision, any nonprofit organization or hospital, it is unlawful:
For any licensed dentist to practice dentistry as an employee of any person or other entity not engaged primarily in the practice of dentistry; or
For an owner of an active dental practice to be other than a dentist duly licensed to practice in this state.
In the event that a dentist is deceased or becomes substantially disabled, the estate or agent of such dentist may employ another dentist or dentists for a period of not more than two (2) years to provide services to patients until the practice can be sold or otherwise disposed of or closed.
Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with a dentist; provided, that the contractual relationship between the dentist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the dentist from exercising independent professional judgment in diagnosing and treating patients.
For the purposes of this subsection (c), the term “charitable clinic” means an entity that meets the following standards:
Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption;
Has clinical facilities located in this state;
Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
Provides one or more of the following services for free or at a discounted rate:
Medical care;
Dental care;
Mental health care; or
Prescription medications;
Utilizes volunteer healthcare professionals and nonclinical volunteers; and
Is not required to be licensed under § 68-11-202(a)(1).
