TITLE 5

LEGISLATIVE RULE

WEST VIRGINIA BOARD OF DENTAL EXAMINERS

SERIES 6

FORMATION AND APPROVAL OF DENTAL CORPORATIONS

§5-6-1. General.

      1.1. Scope. -- This legislative rule addresses procedures for the formation and approval of dental corporations for dentists.

      1.2. Authority. -- W. Va. Code §30-4-6.

      1.3. Filing Date. -- May 6, 2005.

      1.4. Effective Date. -- July 1, 2005.

§5-6-2. Definitions.

      2.1. Dental Corporation - a company organized under W. Va. Code §30-4-28 for the purpose of rendering dental services.

      2.2. Dental services. - The services rendered under W. Va. Code §30-4-1 et seq., by dentists.

§5-6-3. Procedures for Formation and Approval of Dental Corporations for Dentists; Fees.

      3.1. Dentists licensed to practice dentistry in an active status in this State who desire to render dental services as a corporation shall comply with the provisions of W. Va. Code §30-4-1 et seq and apply to the Board for a certificate of authorization. No corporation shall have as a shareholder anyone other than a person who is duly licensed or otherwise legally authorized to render the dental services for which the corporation was organized.

      3.2. The name of a dental corporation shall contain the words “corporation,” “company,” “incorporated,” or “limited” or shall contain an abbreviation of one of those words.

      3.3. The name of a dental corporation shall contain nothing but the name, which must include surnames of one, some or every shareholder of the corporation, except in a case where a city, town or municipality may be used when necessary to make a name unique with the Secretary of State’s Office.

      3.4. Every corporation shall file with the Board, at the time of formation, the names of every shareholder of the corporation together with an initial filing fee as set forth in the Board’s fee schedule. Also, on an annual basis thereafter on or before the thirtieth day of June, every corporation shall file with the Board the names of every shareholder of the corporation together with an annual renewal fee as set forth in the Board’s fee schedule 5CSR3.

      3.5. Every dental corporation shall file with the Board a copy of the corporate license tax return required to be filed with the tax commissioner of the State of West Virginia under W. Va. Code §11-12C-3 on or before the thirtieth day of June on an annual basis.

      3.6. Every dental corporation in compliance with all the provisions of this rule shall be approved by and remain approved by the Board.

      3.7. If any person ceases to be a shareholder of any dental corporation, that person shall notify the Board in writing within twenty days from the date that he or she ceased to be a shareholder of the corporation. The fact that a person ceases to be a shareholder of a corporation shall not affect the approval of the dental corporation by the Board, if the Board determines that the corporation remains in compliance with all the provision of this rule.

§5-6-4. Notification of Non-compliance, Cessation of Rendering Dental Services.

      4.1. If the Board determines that a dental corporation is not in compliance with all the provisions of W. Va. Code §30-4-1 et. seq., and this rule and should cease rendering dental services in the State, the Board shall notify the corporation in writing, and upon receipt of the written notice, the corporation shall cease rendering dental services in the State.

§5-6-5. Dentist - Patient Relationship.

      5.1. The provisions of this rule shall not be construed to alter or affect the dentist - patient relationship.