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47-12 DENTAL CORPORATIONS
CHAPTER 47-12

DENTAL CORPORATIONS

47-12-1      Dentists authorized to form business entities.
47-12-1.1, 47-12-2.      Repealed.
47-12-3      Only dentists or qualified entities to have ownership or control of entity.
47-12-3.1      Revocable trust as shareholder, member, or partner--Conditions.
47-12-4 to 47-12-6.      Repealed.
47-12-7      Certificate of registration required--Unprofessional or dishonorable conduct.
47-12-8      Contents of application for registration--Acceptance or denial--Certificate not assignable--Posting--Change in location.
47-12-9 to 47-12-11.      Repealed.
47-12-12      Annual renewal of certificate--Conditions.
47-12-13      Condition, limitation, suspension, or revocation of certificate--Grounds--Opportunity for hearing.
47-12-14      Hearings--Appeal.
47-12-15, 47-12-16.      Repealed.
47-12-17      Dentist-patient relationship unaffected.
47-12-18      Repealed.
47-12-19      Severability and saving clause.
47-12-20      Conflict with chapter 36-6A.
47-12-21      Citation of chapter.


47-12-1 Dentists authorized to form business entities.
     47-12-1.   Dentists authorized to form business entities. One or more dentists licensed pursuant to chapter 36-6A may associate to form a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership, registered to do business in this state, to own, operate, and maintain an establishment for the study, diagnosis, and treatment of dental ailments and injuries, to promote dental and scientific research and knowledge, and for any other purpose incident or necessary thereto.

Source: SL 1963, ch 35, § 2; SL 1970, ch 255, § 1; SL 1993, ch 344, § 39N; SL 2017, ch 194, § 1.


47-12-1.1
     47-12-1.1, 47-12-2.   Repealed by SL 2017, ch 194, §§ 2, 3.


47-12-3 Only dentists or qualified entities to have ownership or control of entity.
     47-12-3.   Only dentists or qualified entities to have ownership or control of entity. Each director, manager, member, partner, and shareholder of an entity subject to this chapter shall be a dentist licensed pursuant to chapter 36-6A or a qualified entity. No person other than a licensed dentist or a qualified entity may have any part in the ownership or control of an entity subject to this chapter, nor may any proxy to vote any shares of such entity be given to a person who is not so licensed.
     For purposes of this chapter, the term, qualified entity, means any entity subject to this chapter that meets all of the following standards:
             (1)      Each director, manager, member, partner, and shareholder of the entity shall be a dentist licensed under chapter 36-6A;
             (2)      The entity is registered to do business in this state; and
             (3)      The entity has a certificate of registration under this chapter from the State Board of Dentistry.

Source: SL 1963, ch 35, § 14; SL 1970, ch 255, § 3; SL 2017, ch 194, § 4.


47-12-3.1 Revocable trust as shareholder, member, or partner--Conditions.
     47-12-3.1.   Revocable trust as shareholder, member, or partner--Conditions. Notwithstanding any other provisions of this chapter, a revocable trust may be a shareholder in a corporation, a member in a limited liability company, or a partner in a limited partnership, a limited liability limited partnership, or a limited liability partnership subject to this chapter, for so long as the grantor of the revocable trust is living and is a licensed dentist pursuant to chapter 36-6A.

Source: SL 2002, ch 205, § 7; SL 2017, ch 194, § 5.


47-12-4
     47-12-4 to 47-12-6.   Repealed by SL 2017, ch 194, §§ 6 to 8.


47-12-7 Certificate of registration required--Unprofessional or dishonorable conduct.
     47-12-7.   Certificate of registration required--Unprofessional or dishonorable conduct. No entity subject to this chapter may open, operate, or maintain an establishment for any of the purposes set forth in § 47-12-1 without a certificate of registration from the State Board of Dentistry. It is unprofessional or dishonorable conduct under § 36-6A-59.1 to maintain or operate an entity subject to this chapter without a certificate of registration.

Source: SL 1963, ch 35, § 5; SL 2017, ch 194, § 9.


47-12-8 Contents of application for registration--Acceptance or denial--Certificate not assignable...
     47-12-8.   Contents of application for registration--Acceptance or denial--Certificate not assignable--Posting--Change in location. An application for registration shall contain the name, address, state of organization, employer identification number of the entity, and such other information as may be required by the State Board of Dentistry. Upon receipt of an application for registration and a registration fee of one hundred dollars, the board shall issue a certificate of registration if the board finds that each director, manager, member, partner, and shareholder is licensed as a dentist pursuant to chapter 36-6A or is a qualified entity, if no disciplinary action is pending before the board, or any other state dental board, against any of them, and if it appears the entity has been compliant with law and the regulations of the board. The board may deny an application for registration for failure to meet the requirements of this chapter or any rule promulgated thereunder. If the board denies an application for a certificate of registration, the entity whose application has been denied shall be afforded an opportunity for hearing pursuant to chapter 1-26.
     No certificate of registration is assignable. The certificate of registration shall be conspicuously posted at the premises to which it is applicable. Each certificate holder shall notify the board within ten days of a change in the location of the registered entity.

Source: SL 1963, ch 35, § 5; SL 1970, ch 255, § 4; SL 2017, ch 194, § 10.


47-12-9
     47-12-9 to 47-12-11.   Repealed by SL 2017, ch 194, §§ 11 to 13.


47-12-12 Annual renewal of certificate--Conditions.
     47-12-12.   Annual renewal of certificate--Conditions. Each entity subject to this chapter shall annually submit, on or before July first, an application for renewal of its certificate of registration which shall contain the information required by the State Board of Dentistry. Upon application of the entity, accompanied by a renewal fee of twenty-five dollars, the board shall renew the certificate of registration if the board finds the entity has complied with the provisions of this chapter and the regulations prescribed by the board. If a certificate of registration is not renewed on or before July first, the entity's registration under this chapter is automatically suspended until the entity complies with the requirements of this section.

Source: SL 1963, ch 35, § 6; SL 1970, ch 255, § 5; SL 2017, ch 194, § 14.


47-12-13 Condition, limitation, suspension, or revocation of certificate--Grounds--Opportunity for ...
     47-12-13.   Condition, limitation, suspension, or revocation of certificate--Grounds--Opportunity for hearing. The State Board of Dentistry may place a condition, limit, suspend, or revoke any certificate of registration for any of the following reasons:
             (1)      The revocation or suspension of the license to practice dentistry of any officer, director, manager, member, partner, shareholder, or employee not promptly removed or discharged by the entity;
             (2)      Unethical professional conduct, professional incompetence, or unprofessional or dishonorable conduct under chapter 36-6A on the part of any officer, director, manager, member, partner, shareholder, or employee not promptly removed or discharged by the entity;
             (3)      The death of the last remaining licensed member, partner, or shareholder; or
             (4)      Upon finding that the certificate holder failed to comply with the provisions of this chapter or the regulations prescribed by the board.
     If the board places on condition, limits, suspends, or revokes a certificate of registration, the affected entity shall be afforded an opportunity for hearing pursuant to chapter 1-26.

Source: SL 1963, ch 35, § 10; SL 2017, ch 194, § 15.


47-12-14 Hearings--Appeal.
     47-12-14.   Hearings--Appeal. Each hearing and other proceeding under this chapter shall be conducted in accordance with chapter 1-26. Any final decision of the State Board of Dentistry under § 47-12-8 or 47-12-13 may be appealed to circuit court in accordance with chapter 1-26 within thirty days. Prior to taking any appeal to circuit court, the entity shall first exhaust all available remedies under this chapter and chapter 1-26. Notice of appeal to circuit court shall be served upon the board by service upon the secretary of state, as registered agent for the board under this chapter, an attested copy thereof within thirty days after the board has notified the appellant of its decision.

Source: SL 1963, ch 35, § 11; SL 2017, ch 194, § 16.


47-12-15
     47-12-15, 47-12-16.   Repealed by SL 2017, ch 194, §§ 17, 18.


47-12-17 Dentist-patient relationship unaffected.
     47-12-17.   Dentist-patient relationship unaffected. This chapter does not alter any law applicable to the relationship between a dentist furnishing dental service and a person receiving such service, including liability arising out of such service.

Source: SL 1963, ch 35, § 15.


47-12-18
     47-12-18.   Repealed by SL 2017, ch 194, § 19.


47-12-19 Severability and saving clause.
     47-12-19.   Severability and saving clause. If any provision of this chapter or the application thereof to any person or circumstances is invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source: SL 1963, ch 35, § 19.


47-12-20 Conflict with chapter 36-6A.
     47-12-20.   Conflict with chapter 36-6A. If any provision of this chapter conflicts with chapter 36-6A, the provisions of chapter 36-6A shall take precedence.

Source: SL 1963, ch 35, § 3; SL 1971, ch 213, § 41; SL 2017, ch 194, § 20.


47-12-21 Citation of chapter.
     47-12-21.   Citation of chapter. This chapter may be cited as "The Dental Corporation Act."

Source: SL 1963, ch 35, § 1.


Title 47

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