Effective date: 8/19/1997

    (1) Split-fee arrangements relating to the referral of patients by a client to another health care practice are prohibited.

Terms Used In Florida Regulations 64B5-17.003

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    (2) As used herein, the term “health care practice” shall mean a lawful and distinct business entity owned and operated under one name by an individual or group of duly licensed health care providers with facilities at one or more locations such as a solo dental practice, group practice, or professional service corporation, which offers health care services to the public within the limits of the professional licenses held by the owners, employees and agents of the business.
    (3) Referral of a patient to another dentist in the same health care practice, so long as any remuneration shared by the dentists is not based upon the number of referrals within the practice and the referral of a patient to another dentist within the practice is in the best interest of the patient, is not a split-fee arrangement.
    (4) Fee arrangements between dentists in the same health care practice which are based upon productivity or shared net profits are not split-fee arrangements.
    (5) Referral of a patient to another health care practice in which the referring dentist or any owner, employee or agent of the referring practice or immediate family member thereof has a financial interest, whether direct, indirect, active or passive in nature, is permitted only if the referral is in the best interest of the patient and the patient first consents to the arrangement by signing a written notification form from the referral dentist which informs the patient of (a) the existence of a financial interest; and, (b) the patient’s right to request another referral or to independently seek the services recommended. Under no circumstances shall the dentist’s financial interest be contingent upon or otherwise related to any referral quota or similar requirement. However, in emergency circumstances where it is in the patient’s best interest that such a referral be made without first seeing the patient, the referring dentist shall orally provide the notification required herein. In such emergency situations, the referring dentist shall also make a notation in the patient’s record at the time of referral that disclosure was made orally due to emergency circumstances. Written disclosure as required in subsection (5), of this rule, shall be supplied to the patient at the office to which the emergency patient was referred.
    (6) Notification forms signed by patients in accordance with subsection (5), above, shall be maintained in the patient’s record.
    (7) The written notification required by this rule shall be made on the appropriate form set forth in Rule 64B5-1.021, F.A.C.
Rulemaking authorized by Florida Statutes § 466.004(4). Implements Florida Statutes § 456.052. History—New 8-30-90, Formerly 21G-17.003, 61F5-17.003, 59Q-17.003, Amended 8-19-97.