North Texas Dentistry Volume 4 Issue 5 | Page 19

ual services. Texas law expressly allows DSOs to operate so long as DSOs do not involve themselves in clinical treatment and the provision of services by DSOs do not impact the independent professional judgment of the dentist or result in improper ownership or control of the dental practice by unlicensed persons. DSOs have operated for decades in Texas without significant problems and have peacefully co-existed with non-affiliated dentists. NEW RULES UNDER CONSIDERATION On August 8, 2014, the Texas Dental Board officially proposed the new rules and on September 5, 2014, the new rules were posted for public comments with comments being accepted through October 6, 2014. On October 1, 2014, the Dental Board conducted a public hearing and numerous concerned individuals (including dentists, attorneys and businesspersons) testified in opposition to the new rules. The primary areas of opposition to the new rules were: Potential litigation. The Dental Board lacked authority to adopt the new rules and the adoption of the rules could result in litigation; Concern about lost jobs. The new rules could potentially put DSOs out of business and cause the loss of jobs; Clarity and consistency. The new rules are at best unclear and at worst inconsistent with existing law; and Unreasonable restrictiveness. The new rules unreasonably restrict the ability of licensed dentists to contract for non-clinical administrative services. The Dental Board stated at the hearing that its intent was to enforce existing law and not prohibit all DSOs from operating and that it would consider alternative language to the proposed rules. On October 6, 2014, the staff of the Federal Trade Commission provided formal comments that stated that the proposed changes would, among other things: Reduce competition. The proposed rules, if adopted, may discourage dentists from affiliating with