§ 4–103
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health Occ. § 4-103 (2026)
Title 4. Dentistry
Subtitle 1. Definitions; General Provisions
§ 4–103LinkCopy Citation
(a)
Only an individual or individuals licensed by the Board to practice dentistry or a dental professional corporation may own a dental practice.
(b)
Only an individual licensed by the Board to practice dentistry may:
(1)
Direct the clinical training of a dentist, dental hygienist, or dental assistant who assists in the care and treatment of dental patients;
(2)
Direct a dentist, dental hygienist, or dental assistant in providing dental care and treatment to dental patients;
(3)
Hire, supervise, or terminate the employment of a dentist, dental hygienist, or dental assistant who provides dental care and treatment to dental patients;
(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
(5)
Share in the income, revenues, profits, or fees with licensed dentists within the same dental practice.
(c)
Except as provided in subsection (b)(5) of this section, a licensed dentist may not share in revenues or split fees.
(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.
(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:
(1)
Own, lease, or otherwise provide real property or furnishings, equipment, or other goods that are used by a dentist or dental practice;
(2)
Provide bookkeeping, accounting, and tax preparation services;
(3)
Administer and process payroll of a dental practice;
(4)
Provide administrative management of patient treatment records;
(5)
Interact with patients and third–party payors for the billing and collections for dental services;
(6)
Create and place advertising and marketing, as approved by a licensed dentist;
(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;
(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;
(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;
(10)
Determine and assist in the acquisition of information technology;
(11)
Provide general property management and maintenance;
(12)
Assist in risk management, including legal and regulatory compliance, securing appropriate insurance coverages and policy limits, and the processing of insurance claims;
(13)
Provide consulting services relating to productivity, efficiency, and cost management of a dental practice;
(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
(15)
Contract with a third party to provide any of the services specified under this subsection.
(f)
(1)
The requirements of subsections (a) and (b) of this section do not apply to:
(i)
A clinic maintained by:
(1)
A public school;
(2)
A federal, State, or local government agency or institution;
(3)
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
(4)
A charitable organization, as defined in § 6–101 of the Business Regulation Article;
(ii)
A federal, State, or local government agency; or
(iii)
A nonprofit organization that provides dental services and is:
(1)
A health care center or program that offers dental services:
(A)
Free of cost or on a sliding scale fee schedule; and
(B)
Without regard to an individual’s ability to pay; or
(2)
A Federally Qualified Health Center or a Federally Qualified Health Center Look–Alike.
(2)
Notwithstanding the provisions of paragraph (1) of this subsection:
(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
(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.