Under the Texas Dental Act, the “treating dentist owns the charts” . . . and yes, that means your associate owns her charts.
UNLESS, “there is a written patient records agreement to the contrary” . . . and yes, that means an associate agreement.
While you can operate your practice without a written associate agreement, know that you are playing Russian Roulette with your most valued asset. Over our thirty year history, we can tell you dozens and dozens of tragic stories of associate relationships gone bad, and then compounded by the absence of a written agreement. Whether it be where the associate boxes the records while the dentist is on vacation (true story), or asserts improper leverage when it is time to sell (true story), or simply leaves and sets up next door soliciting staff and patients (true story).
