65-1435. Improper use of certain names by dentists; exceptions; unlawful acts; suspension or revocation of license; limitation on multiple office ownership.
65-1435
65-1435. Improper use of certain names by dentists;exceptions;unlawful acts; suspension or revocation of license; limitation on multipleoffice ownership.(a) Except as otherwise providedin this section, it shall be unlawful for anyperson or persons to practice or offer to practice dentistry under any nameexcept such person's own name, which shall be the name used onthelicense granted to such person as adentist as provided in this act.
(b) A licensed dentist may use the name of any association, corporation,clinic, trade name or business name in connection with the practice ofdentistry, as defined in this act, except that such name may not misrepresentthe dentist to the public as determined by the Kansas dental board.
(c) Nothing herein contained shall be construed to prevent two or morelicensed dentists:
(1) From associating together for the practice of dentistry, each insuch person's own proper name; or
(2) from associating together for the practice of dentistry, each asowners, in a professionalcorporation, organized pursuant to the professionalcorporation law of Kansas, or, each as owners, in a limited liabilitycompany organized pursuant to the Kansas revised limited liability companyact, and using a name that may or may not contain the proper nameof any such person or persons if such name has been approved by the boardand from employing nonowning licensees; or
(3) from associating together with persons licensed to practice medicineand surgery in a clinic or professional association under a name that mayor may not contain the proper name of any such person or persons and maycontain the word "clinic."
(d) It shall be unlawful, and a licenseemay have a license suspended or revoked, for any licensee toconduct a dental office in the name of the licensee, orto advertise the licensee's name in connection with any dentaloffice or offices, or to associate together for the practice of dentistrywith other licensed dentists in a professional corporation or limitedliabilitycompany, under a name that mayor may not contain the proper name of any such person or persons or toassociatetogether with persons licensed topractice medicine and surgery in a clinic or professional association undera name that may or may not contain the proper name of any such person orpersons and may contain the word "clinic," unless such licenseeis personally present in the office operating as adentist or personally overseeing such operations as are performed in theoffice or each of the offices during amajority of the time the office or each of theoffices is being operated.
(e) Nothing in this section shall be construed to permitthe franchisepractice of dentistry.
(f) The violation of any of the provisions of this sectionby any dentistshall subject such dentist to suspension or revocation of a license.
(g) Notwithstanding the provisions of subsections (d) and (e), a licenseeshall be permitted to own two dental offices in addition to the licensee'sprimary office location under the following conditions:
(1) The licensee's secondary dental office is located within a 125 mileradiusof the licensee's primary office; and
(2) the licensee's secondary dental office is located in a county with apopulation of less than 10,000 according to the 2000 United States census.
History: L. 1943, ch. 221, § 19;L. 1984, ch. 230, § 1;L. 2000, ch. 169, § 9;L. 2001, ch. 45, § 1;L. 2008, ch. 29, § 1; July 1.