North Texas Dentistry Volume 4 Issue 5 | Page 18

rules & regulations Texas Dental Board Considers Controversial and Anti-Competitive Rule Changes Restricting Dental Service Organizations by Brian Colao T he Texas Dental Board is considering two controversial changes to its rules that, if adopted, will restrict the ability of dentists to contract with Dental Service Organizations (DSOs) and which the Federal Trade Commission (FTC) has stated are unnecessary and may reduce competition. The proposed rules have generated considerable controversy, created confusion in the Texas dental community as to the motive and meaning behind the proposed regulations and may result in a protracted legal dispute or new clarifying leg- islation during the upcoming 2015 legislative session. Proposed 22 TEX. ADMIN. CODE § 108.70 imposes new restrictions on the ability of Texas dentists to enter into contracts with unlicensed persons for the provision of non-clinical services such as accounting, bookkeeping, payroll, financial services, billing, collection, advertising, marketing, consulting and other non-clinical administrative services. Proposed 22 TEX. ADMIN. CODE § 108.74 would make individual dentists who contract with DSOs legally responsible for certain nonclinical administrative services that they delegate. DSOs are generally defined as companies (often owned by nondentists) that contract with dentists to provide a variety of nonclinical business services that would otherwise be handled within a practice or by multiple contractors providing individ18 NORTH TEXAS DENTISTRY | www.northtexasdentistry.com