The Virginia Board of Dentistry should not adopt the ADA Code of Ethics because it would be giving its authority away to a national organization.  Further, the ADA Code is an ever evolving document based on advisory opinions of the ADA. It could be a different document tomorrow without any input from Virginians. In addition, the person asking the Board to adopt the ADA Code doesn’t provide a basis for its adoption. I think most Virginia dentists currently operate in an ethical manner and don’t see how adopting this national code would benefit Virginians.  If Virginia needs a Code of Conduct, it should be developed by Virginians. 

This petition for rulemaking should also be denied because it is an attempt to circumvent the legislature. The ADA Code of Ethics prohibits fee-splitting.  After the board was denied approval by the Governor’s office to pursue legislation on this topic, it would be disappointing if the Virginia Board unilaterally imposed a ban via rulemaking. If the board cannot gain the support of the Governor to pursue legislation on fee-splitting, it should not attempt to do so in a backdoor manner as the petitioner proposes.

Please reject the petition.