[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR440.50]



[Page 237]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 440_SERVICES: GENERAL PROVISIONS--Table of Contents

 

                          Subpart A_Definitions

 

Sec. 440.50  Physicians' services and medical and surgical services of 

a dentist.



    (a) ``Physicians' services,'' whether furnished in the office, the 

recipient's home, a hospital, a skilled nursing facility, or elsewhere, 

means services furnished by a physician--

    (1) Within the scope of practice of medicine or osteopathy as 

defined by State law; and

    (2) By or under the personal supervision of an individual licensed 

under State law to practice medicine or osteopathy.

    (b) ``Medical and surgical services of a dentist'' means medical and 

surgical services furnished, on or after January 1, 1988, by a doctor of 

dental medicine or dental surgery if the services are services that--

    (1) If furnished by a physician, would be considered physician's 

services.

    (2) Under the law of the State where they are furnished, may be 

furnished either by a physician or by a doctor of dental medicine or 

dental surgery; and

    (3) Are furnished by a doctor of dental medicine or dental surgery 

who is authorized to furnish those services in the State in which he or 

she furnished the services.



[56 FR 8851, Mar. 1, 1991]