234 C.M.R. 5.02 – General Requirements for the Conduct of a Dental Practice

(1) Any person who owns, leases, maintains, or operates a dental practice in any facility or room(s) where dental services are provided, or directly or indirectly is director, proprietor or conductor of same, is required to conduct such dental practice in accordance with M.G.L. c. 112, §§ 43 through 53 and 234 CMR.
(2) A dental practice not wholly owned by a dentist or dentists licensed to practice dentistry in the Commonwealth shall be licensed as a dental clinic or hospital pursuant to M.G.L. c. 111, § 51 unless it is exempt from such licensure pursuant to M.G.L. c. 111, § 52.
(3) The owner(s) of a dental practice where any non-owner dentist practices dentistry shall designate a dentist who holds a valid license issued pursuant to M.G.L. c. 112, § 45 to act as Dental Director. The appointment of a Dental Director shall not absolve any owner or other licensee practicing at the site from ensuring that the dental practice is established, maintained and operated in accordance with M.G.L. c. 112, §§ 43 through 53, 61 and 234 CMR and any rule, advisory or written policy adopted by the Board related to the practice of dentistry, dental hygiene, or dental assisting. A non-owner dentist includes, but is not limited to, a dentist who works full-time, part-time or on a temporary basis or as an independent contractor.
1. (a) The name of the Dental Director and at least one of the owners who is a dentist licensed to practice dentistry in the Commonwealth shall be posted at each practice site in a public place where a patient can observe such notice.
2. (b) The Dental Director shall, at a minimum, be responsible for implementing policies and procedures to ensure compliance with local ordinances and state and federal statutes and regulations governing the practice of dentistry in areas including, but not limited to:
  1. 1. Licensure and qualifications of dentists and dental auxiliaries;
  2. 2. Delegation of duties to dental auxiliaries pursuant to 234 CMR 5.10 and 5.11;
  3. 3. Anesthesia administration as permitted by the Board;
  4. 4. State and federal controlled substances rules and regulations;
  5. 5. CDC guidelines, including weekly spore testing;
  6. 6. OSHA standards;
  7. 7. Radiation control requirements;
  8. 8. Posting dental licenses in the practice;
  9. 9. Advertising dental services or fees;
  10. 10. Schedule of equipment and drugs to ensure timely inspections, maintenance and current drugs; and
  11. 11. Compliance with applicable local, state and federal regulations and statutes, including, but not limited to, occupancy codes, fire safety codes, and disposal of hazardous waste.