150A.11 UNLAWFUL ACTS.
Subdivision 1. Unlawful practice.
It is unlawful for any person to: enable an unlicensed
person to practice dentistry; to practice or attempt to practice dentistry without a license; to
practice dentistry under the name of a corporation or company; or to practice under any name
that may tend to deceive the public or imply professional superiority to or greater skill than that
possessed by another dentist. If a dentist practices under the dentist's own name, any public
display or cards shall include the initials of the dentist's dental degree, such as D.D.S. or D.M.D.,
following the name. If a dentist practices under another name, the name shall include some
designation which makes clear that the person is practicing dentistry or a specialty of dentistry; and
that the names of all of the participating dentists practicing under the name be clearly identified on
letterheads and building or office signs that display a name other than the dentist's own name. Any
communication between dentist and patient shall clearly indicate the name of the dentist treating
the patient. The board may promulgate rules regarding the name under which a dentist may
practice. No corporation shall practice dentistry or engage in it, or hold itself out as being entitled
to practice dentistry, or furnish dental services or dentists, or advertise under or assume the title
of dentists or dental surgeons or equivalent title. No corporation shall furnish dental advice, or
advertise or hold itself out with any other person or alone, that it has or owns a dental office or can
furnish dental service, dentists, or dental surgeons, or solicit, through itself, or its agents, officers,
employees, directors or trustees, dental patronage for any dentist or dental surgeon. This section:
(1) Does not apply to any licensee while acting as an instructor in or under the University
of Minnesota, the Mayo Foundation, or any other school in the state recognized by the state
Board of Dentistry;
(2) Does not prohibit dentists from incorporating their practice of dentistry for business
purposes under the special provisions of a corporate practice act for dentistry;
(3) Shall not be construed to change or amend the right of licensed dentists to provide dental
care under any form of organization that is lawful under the laws of this state, or to contract to sell
their services in any manner that is lawful under the laws of this state.
Subd. 2. Professional advertising.
Public advertising by dentists may be controlled by
reasonable rules of the board. Such rules shall include permission for such things as publication of
a professional card, reasonable signs on or about the place of business, announcements of changes
or opening of offices and telephone listings.
Subd. 3. Advertising or use of dental services and appliances.
No person shall advertise in
any manner the sale, supply, furnishing, construction, reproduction, relining, or repair without a
written work order by a licensed dentist of prosthetic dentures, bridges, plates or other appliances
to be used or worn as substitutes for natural teeth, or for the regulation thereof. All such
advertisements shall contain the words "A written work order from a licensed dentist is required"
in at least 10-point type size. Except for advertising permitted under this subdivision, a person not
licensed to practice dentistry in this state shall not sell or offer any such service or products to
other than the dental profession or its ancillary trades, provided, however that the mere delivery of
such products to an ultimate consumer or person acting in the consumer's behalf for the purpose
of transporting such products to the licensed dentist who provided the work order shall not violate
this subdivision. This subdivision shall not apply to mailings, displays, and advertisements the
primary distribution of which is to the dental profession or its ancillary trades.
Subd. 4. Dividing fees.
It shall be unlawful for any dentist to divide fees with or promise
to pay a part of the dentist's fee to, or to pay a commission to, any dentist or other person who
calls the dentist in consultation or who sends patients to the dentist for treatment, or operation,
but nothing herein shall prevent licensed dentists from forming a bona fide partnership for the
practice of dentistry, nor to the actual employment by a licensed dentist of a licensed dental
hygienist or another licensed dentist.
History: 1969 c 974 s 11; 1980 c 596 s 5; 1983 c 29 s 2; 1985 c 248 s 70; 1986 c 444