To amend regulations for unprofessional conduct to specify that a dentist cannot:  1) offer rebates, split fees or commissions for services rendered to a patient to any person other than a partner, employee or employer; nor 2) directly or indirectly receive a fee or other consideration to or from a third party for the referral of a patient or client.

The petition will be published on July 29, 2013 in the Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending August 28, 2013.  The request to amend regulations and any comments for or against the petition will be considered by the Board at its meeting scheduled for September 13, 2013.

The petition and related comments were considered by the Board at its meeting today.  It was generally agreed that the issue should be addressed, but it is unclear that the Board has statutory authority to promulgate a regulation with such a prohibition.  The Board was given a copy of provisions in the Medical Practice Act (§§ 54.1-2962 and 54.1-2962.1) as examples of language in the Code of Virginia.  So while the Board has denied the request for rulemaking at this time, it has taken the matter under advisement and referred it to a committee for further consideration