Section 5.20 - Prohibited PracticesLicensees are prohibited from engaging in the following practices:
(1) Associating or cooperating with any person, firm or corporation in any manner in an effort to avoid or circumvent the intent or provisions of M.G.L. c. 112, §§ 43 through 53 and § 61;(2) Paying or accepting fees in any form or manner as compensation for referring patients to any person for professional services, written work orders, or other services or articles supplied to the patient;(3) Entering into an agreement or other arrangement with a person who does not hold a valid license to practice dentistry in the Commonwealth which allows said person final decision-making authority over any of the following:(a) Selection of a course of treatment for a patient;(b) Procedures for materials to be used as part of such treatment;(c) Manner in which treatment is carried out by the licensee;(d) Professional practice decision-making;(f) Policies and decisions relating to pricing, credit, refunds, warranties and advertising;(g) Decisions related to delegation of dental duties; and(h) Control and maintenance of dental equipment, materials and supplies.(4) Operating or owning a commercial dental laboratory and continuing in the active practice of dentistry except where a dentist owns or operates a private, non-commercial dental laboratory for his or her own use and benefit. Where the licensee owns or operates a private, non-commercial dental laboratory and employs a dental technician, the licensee shall provide the dental technician a written work order which contains the date, information identifying the patient (e.g. name, initials, or social security number), the description of the work to be done, and a specification of the type and quality of materials to be used. The work order shall be in duplicate, signed by the dentist and a copy be retained in the patient record.Amended by Mass Register Issue 1271, eff. 10/10/2014.