Opening a new dental practice can be an exciting time in a dentist’s career. However, deciding to go out on your own raises several legal issues that need to be considered to successfully set up a practice so that you are protected.
For example, you will need to set up an entity for the practice. This will require that you first select the type of entity you want to form. Then, you will need to file the appropriate documents with the Arizona Corporation commission.
You will also need to pick a location for the new dental practice, and decide whether to buy or lease. Both leases and purchase agreements are complex, with multiple moving parts, and this is a good time to consult an experienced attorney.
With respect to a lease, you will be beginning a relationship with a landlord that will last five to ten years, or even longer in some cases. You’ll want to make sure that the lease agreement is drafted in the most favorable manner possible to you, and you’ll want to make sure you are aware of any potential issues that may arise in the landlord-tenant relationship.
If you decide to purchase a building or office condo, you’ll need to make sure there are no problems with the title. An experienced lawyer can conduct a title review to let you know if there are any liens or easements that may impact your ownership. In the case of a property being in a property owners association, you’ll also need to carefully review the Covenants, Conditions & Restrictions (“CCRs”) to make sure you are able to utilize the property as planned.
Once you’ve secured your property, you’ll need to work with a dental equipment supplier to outfit your office. You’ll need to hire staff and before you do so you’ll want to have an employee handbook in place (or, at a minimum, have some written protocols and procedures). This is important in health care, given the importance of HIPAA privacy laws. In Arizona, you’ll also need to be aware of mandatory wage and paid time off laws.
Opening a dental practice can be a complex process, with a number of pitfalls that could expose you and your practice to liability if you don’t have experience in this area. An experienced dental attorney can offer guidance throughout each step, and help you get your practice off on the right foot.
