What Services Can A Hygienist Perform Without The Direct Supervision Of A Dentist Florida

Can a Non-Dentist Own a Dental Practice in Florida?

At Jones Wellness Law, we receive a lot of inquiries from non-dentists who are looking to own and operate dental practices. Dental offices that are placed in loftier-traffic areas with good management, a diverse patient population, talented healthcare professionals, and robust marketing and advertizement efforts can generate significant revenue even with failing reimbursement rates from insurers. According to the American Dental Association, the average gross billings per dentist for owner dentists in 2017 was $718,790 for a full general practitioner and $ane,058,630 for a specialist. With numbers like that you can see why a non-dentist might want to open a practice comprised of several dentists and dental hygienists. However, not-dentists must be very cautious about structuring their relationships with the dentists.

Under Florida law, no person other than a Florida licensed dentist, nor any entity other than a professional corporation or express liability company composed of dentists may:

1. Employ a dentist or dental hygienist in the operation of a dental office.
2. Command the use of whatsoever dental equipment or cloth while such equipment or material is being used for the provision of dental services, whether those services are provided by a dentist, a dental hygienist, or a dental assistant.
3. Direct, command, or interfere with a dentist'due south clinical judgment.

As per statute, a non-dentist must not straight utilize a dentist (i.e. W-2 employee) but they may work with the dentist as a 1099 independent contractor. The non-dentist cannot pay a dentist a salary or commission. The dentist may create their own wholly endemic professional corporation while the non-dentist may provide their services through an LLC or other taxable organization. No employment contract may exist between the dentist and the operator only an independent contractor understanding may be necessary. Any dentist who is employed by a non-dentist may face disciplinary activity.

The non-dentist who is providing the office space and equipment cannot control the employ of dental equipment while such equipment or material is existence used for the provision of dental services (emphasis added). This means that while the dentist is operating dental equipment the non-dentist cannot barge in and place restrictions on how the equipment or textile is being used once a patient is being treated. For example, if a dentist is treating a patient and that treatment was expected to last xxx minutes but is now at the 45-minute mark the non-dentist cannot physically manipulate whatever dental equipment or tell the dentist that she has to cease inside the next five minutes considering some other dentist needs to use it. However, a lease agreement can place general restrictions on the operation and use of the equipment that is being leased to the dentist.

Almost importantly, a non-dentist cannot interfere with a dentist's clinical judgment by instructing them on a grade of treatment to provide to a patient. All clinical decisions must be left to the discretion of the dentist. The purpose of this law is to forbid non-dentists from influencing or interfering with the exercise of a dentist's independent professional judgment.

The relationship betwixt the non-dentist and dentist will be a network of lease, rental, marketing, practice management and administrative agreements. Any dental equipment lease understanding between a non-dentist and dentist must contain a provision stating that the dentist expressly maintains complete intendance, custody, and control of the equipment or practice. Farther, an understanding is void if the non-dentist exercises control over the following:

1. The option of a course of treatment for a patient, the procedures or materials to exist used as role of such course of treatment, and the manner in which such form of handling is carried out by the dentist;
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 exercise.

A non-dentist may enter into a management contract with the dentist'south professional corporation to provide authoritative services, which may include maintenance of patients' medical records only the control and ownership of those records practise not vest to the management company. The dentist must have unfettered access to those medical records equally needed.

While a non-dentist cannot dictate the dentist'southward hours of practise the medical office space charter agreement may include office access hours. For instance, a lease agreement may grant the dentist access to the medical role infinite betwixt the hours of eight a.m. to 8 p.thou. but the dentist would set their hours of do betwixt nine a.m. to 3 p.m. Further, only the dentist has control over the hiring and termination of part licensed personnel such every bit dental associates, hygienists, technicians, and assistants.

A dentist may enter into an agreement with a not-dentist to receive "Practice Direction Services." The term "Do management Services" is defined to include consultation or other activities or services offered by someone other than a Florida licensed dentist regarding one or more of the following types of products or services:

1. The suitability of dental office space, furnishings and equipment;
2. Staff necessary to operate a dental do;
3. Regulatory compliance expertise and services;
4. Methods to increase productivity of a dental practice;
5. Inventory and supplies required to operate a dental practice;
6. Information systems designed to produce fiscal and operational information on the dental practice;
7. Marketing plans or advertising to increase productivity of a dental practice;
8. Site selection, relocation, blueprint or concrete layout of a dental practice, or
9. Financial services such as bookkeeping, bookkeeping, monitoring and payment of accounts receivable, payment of leases and subleases, payroll or benefits administration, billing and collection for patient services, payment of federal or state income revenue enhancement, personal holding or intangible taxes, administration of interest expense or indebtedness incurred to finance the operation of the dental practice, or malpractice insurance expenses.

Non-dentist direction fee must be for fair market value and straight related to the goods and services provided without taking into account patient referrals. The dentists should non pay a percent or portion of ifs gross or net profits to the non-dentist corporation.

Finally, dentists are prohibited from entering into non-compete agreements for the provision of dental services with any entity which is non itself a licensed dentist, or which is not licensed or otherwise permitted past law to provide the services which are the subject of the understanding not to compete.

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Information technology should be noted thatI am non your lawyer (unless you have presently retained my services through a servant understanding). This post is not intended as legal advice, it is purely educational and informational, and no attorney-customer relationship shall issue after reading it. Delight consult your ain attorney for legal communication. If yous exercise not have 1 and would like to retain my legal services please contact me using the contact data listed above.

All of the information and references made to laws, rules, regulations, and advisory opinions were accurate based on the police force as it existed at this fourth dimension, but laws are constantly evolving. Please contact me to exist sure that the law which will govern your business is electric current. Cheers.

What Services Can A Hygienist Perform Without The Direct Supervision Of A Dentist Florida,

Source: https://www.joneshealthlaw.com/can-a-non-dentist-own-a-dental-practice-in-florida/

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