A charitable corporation forming a dental health service corporation must meet board, filing, and dentist-participation rules, and it cannot interfere with patient choice or dentist treatment decisions.
Sec. 22.052. DENTAL HEALTH SERVICE CORPORATION. (a) A charitable corporation may be formed to operate a dental health service corporation that manages and coordinates the relationship between a dentist who contracts to perform dental services and a patient who will receive the services as a member of a group that contracted with the dental health service corporation to provide dental care to group members. (b) The certificate of formation for a charitable corporation formed under this section must have attached as an exhibit: (1) an affidavit of the organizer or organizers stating: (A) that not less than 30 percent of the dentists legally engaged in the practice of dentistry in this state have signed a contract to perform the required dental services for a period of at least one year after incorporation; and (B) the names and addresses of those dentists; and (2) a certification by the State Board of Dental Examiners that: (A) the applicants are reputable residents of this state of good moral character; and (B) the corporation will be in the best interest of the public health. (c) A corporation formed under this section must have at least 12 directors, including 9 directors who are licensed to practice dentistry in this state and are actively engaged in the practice of dentistry in this state. (d) A corporation formed under this section shall maintain as participating or contracting dentists at least 30 percent of the number of dentists actually engaged in the practice of dentistry in this state. The corporation shall file annually in September with the State Board of Dental Examiners the name and address of each participating or contracting dentist. (e) A corporation formed under this section may not: (1) prevent a patient from selecting the licensed dentist of the patient's choice to provide dental services to the patient; (2) deny a licensed dentist the right to participate as a contracting dentist to perform the dental services contracted for by the patient; (3) discriminate among patients or licensed dentists regarding payment or reimbursement for the cost of performing dental services; or (4) authorize any person to regulate, interfere with, or intervene in any manner in the diagnosis or treatment provided by a licensed dentist to a patient. (f) A corporation formed under this section may require the attending dentist to provide a narrative oral or written description of the dental services provided to determine benefits or provide proof of treatment. The corporation may request but may not require diagnostic aids used in the course of treatment. Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.