A dental corporation is a corporation that is authorized to render professional services, as defined in Sections 13401 and 13401.5 of the Corporations Code, if that corporation, its shareholders, officers, directors, and employees rendering professional services who are dentists, physicians and surgeons, dental assistants, registered dental assistants, registered dental assistants in extended functions, registered dental hygienists, registered dental hygienists in extended functions, or registered dental hygienists in alternative practice are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and other statutes, rules, and regulations applicable to a dental corporation and the conduct of its affairs. Subject to all applicable statutes, rules, and regulations, a dental corporation is entitled to practice dentistry. With respect to a dental corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Board of California.
Article 8Dental Corporations
Section § 1800
This section explains that a dental corporation in California can provide professional dental services if it follows specific rules and acts. This includes compliance by its members and employees, such as dentists and dental assistants, with various regulations, particularly the Moscone-Knox Professional Corporation Act. The law clarifies that a dental corporation is allowed to practice dentistry in line with these laws, and the Dental Board of California oversees compliance.
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Section § 1804
This law says that the name of a dental corporation, and any names it uses for providing services, must include "dental corporation" or some wording or abbreviation that shows it is a corporation.
Notwithstanding subdivision (i) of Section 1680 and paragraph (7) of subdivision (a) of Section 1701, the name of a dental corporation and any name or names under which it may be rendering professional services shall include the words “dental corporation” or wording or abbreviations denoting corporate existence.
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Section § 1805
This law states that, other than a few exceptions, everyone who is a director, shareholder, or officer in a dental corporation must be licensed according to specific professional corporation rules.
Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each director, shareholder, and officer of a dental corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act.
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Section § 1806
If a dentist is not qualified to practice, any money made from dental services while they were a shareholder can't go to them or their shares in the dental business.
The income of a dental corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Moscone-Knox Professional Corporation Act) shall not in any manner accrue to the benefit of that shareholder or his or her shares in the dental corporation.
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Section § 1807
This section outlines that dental corporations must adhere to the same standards of professional conduct as individual licensed dentists. If a dental corporation acts unprofessionally or fails to follow these standards, it can face similar disciplinary actions, such as suspension or revocation, just like individual dentists. These actions are governed by procedures set forth in another specified government code.
A dental corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes, rules and regulations to the same extent as a person holding a license under Section 1634 of this code. The board shall have the same powers of suspension, revocation and discipline against a dental corporation as are now or hereafter authorized by Section 1670 of this code, or by any other similar statute against individual licensees, provided, however, that proceedings against a dental corporation shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
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Section § 1808
This section allows the board to create and enforce rules to support the goals of a specific professional corporation act. It requires dental corporations to ensure that a disqualified person's stock is sold to either the corporation or remaining shareholders. It also mandates that dental corporations secure insurance or other protection for patient claims related to professional services.
The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article and the Moscone-Knox Professional Corporation Act, including rules and regulations requiring (a) that the articles of incorporation or bylaws of a dental corporation shall include a provision whereby the capital stock of that corporation owned by a disqualified person (as defined in the Moscone-Knox Professional Corporation Act), or a deceased person, shall be sold to the corporation or to the remaining shareholders of that corporation within the time as the rules and regulations may provide, and (b) that a dental corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.
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