Tuesday, May 06, 2008

Small Smiles In Kansas, Just Plain Illegal.

Kansas Law States the following in regard to Corporate Dentistry:

K.S.A. 65-1435 It unlawful for any person to practice dentistry under any name except such person's own name, with two exceptions:

1. subsection (b)(2) which allows two or more dentists to associate together for the practice of dentistry in a professional corporation, organized under the professional corporation law and under a corporate name that may or may not contain the proper name of any of the dentists.

(b)(3)associating together with persons licensed to practice medicine and surgery in a clinic or professional association under a name that may or may not contain the proper name of any such person or persons and may contain the word "clinic."

From the AG's Opinion:

It is clear from the prohibition in K.S.A. 1994 Supp. 65-1435 that one dentist may not practice dentistry as a professional corporation and under a corporate name unless the dentist "associates" with one or more other dentists.

The act indicates a legislative intent to protect the public from the fraudulent practice of dentistry by a corporation or under a business name that indicates there is more than one dentist in that practice when in fact there is not.

In conclusion it is our opinion that dentists who want to incorporate under a corporate name pursuant to subsection (b) (2) of K.S.A. 65-1435 must join together for the common purpose of the practice of dentistry and so long as there is more than one dentist practicing dentistry in a corporation established in accordance with the professional corporation law, the requirements of K.S.A. 1994 Supp. 65-1435 (b) (2) are met.

Read the full opinion here
Many states are not as strict with their regulations or wording which is why is some states the Corporation Umbrella that some of DeRose's clinics operate is under Michael A. DeRose, DDS PA. After he has his actual name established in those more lenient states he's ready to set up operation.

Yes, there are a couple of Small Smiles in Kansas and at present they are under fire. They say the dentists who is actually working at the clinics "own" the clinics and has a financial interest in the clinic, but that is simply not the truth. But rest assured, if FORBA/Small Smiles/DeRose can find a way, they certainly will.

Hopefully Kansas will be paying close attention, listen to their citizens and run these people out of the state on a very long, far reaching rail.

With any luck at all, more states will take Kansas's lead here and change the laws, so that if a dentist has a licenses in your state and his name in hanging on the door under whatever cute little name he wants to call "his" clinic he better see patients there, so in case of mishap you don't have to run him down across several states to nail his butt.

update:  4-21-2010
Kansas is allowing FORBA to operate clinics in it's state and doing nothing to stop it. 

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