CHAPTER 45 SENATE BILL No. 212 An Act relating to dentists; concerning the use of certain names; amending K.S.A. 2000 Supp. 65-1435 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 65-1435 is hereby amended to read as
follows: 65-1435. (a) Except as otherwise provided in this section, it shall
be unlawful for any person or persons to practice or offer to practice
dentistry under any name except such person's own name, which shall be
the name used on the license granted to such person as a dentist as
provided in this act, or to use the name of any company, association,
corporation, clinic, trade name or business name in connection with the
practice of dentistry as defined in this act.

      (b) A licensed dentist may use the name of any association, corpora-
tion, clinic, trade name or business name in connection with the practice
of dentistry, as defined in this act, except that such name may not mis-
represent the dentist to the public as determined by the Kansas dental
board.

      (c) Nothing herein contained shall be construed to prevent two or
more licensed dentists:

      (1) From associating together for the practice of dentistry, each in
such person's own proper name; or

      (2) from associating together for the practice of dentistry, each as
owners, in a professional corporation, organized pursuant to the profes-
sional corporation law of Kansas, or, each as owners, in a limited liability
company organized pursuant to the Kansas revised limited liability com-
pany act, and using a name that may or may not contain the proper name
of any such person or persons if such name has been approved by the
board and from employing nonowning licensees; or

      (3) from associating together with persons licensed to practice med-
icine and surgery in a clinic or professional association under a name that
may or may not contain the proper name of any such person or persons
and may contain the word ``clinic.''

      (c) (d) It shall be unlawful, and a licensee may have a license sus-
pended or revoked, for any licensee to conduct a dental office in the name
of the licensee, or to advertise the licensee's name in connection with any
dental office or offices, or to associate together for the practice of den-
tistry with other licensed dentists in a professional corporation or limited
liability company, under a name that may or may not contain the proper
name of any such person or persons or to associate together with persons
licensed to practice medicine and surgery in a clinic or professional as-
sociation under a name that may or may not contain the proper name of
any such person or persons and may contain the word ``clinic,'' unless
such licensee is personally present in the office operating as a dentist or
personally overseeing such operations as are performed in the office or
each of the offices during a majority of the time the office or each of the
offices is being operated.

      (d) (e) Nothing in this section shall be construed to permit the fran-
chise practice of dentistry.

      (e) (f) The violation of any of the provisions of this section by any
dentist shall subject such dentist to suspension or revocation of a license.

 Sec.  2. K.S.A. 2000 Supp. 65-1435 is hereby repealed.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 27, 2001.
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