---
kind: "section"
citation: "42 C.F.R. § 440.50"
title: "42"
number: "440.50"
heading: "Physicians' services and medical and surgical services of a dentist."
url: "https://uscodex.org/cfr/42/440.50"
---

# §440.50. Physicians' services and medical and surgical services of a dentist.

- (a) “Physicians' services,” whether furnished in the office, the beneficiary'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.

## Notes

### Amendments

[56 FR 8851, Mar. 1, 1991]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45224, Sept. 29, 1978, unless otherwise noted.

### Amendments

[56 FR 8851, Mar. 1, 1991]