| §1078.__Denturist Subcommittee |
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| | The Denturist Subcommittee, as established in Title 5, section | 12004-A, subsection 10-A, referred to in this section as the | "subcommittee," is established as an independent subcommittee of | the board. |
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| | 1.__Membership.__The subcommittee consists of 2 denturists and | one member of the public appointed by the Governor for 5-year | terms. |
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| | 2.__Eligibility.__A person is not eligible for appointment to | the subcommittee who has been convicted of a violation of the | provisions of this chapter or any other prior dental practice | laws, or who has been convicted of a crime punishable by more | than one year's imprisonment.__A person is not eligible for | appointment to the subcommittee who has served 10 years or more | on a dental examining board in this State.__Appointment of | members must comply with section 60.__The Governor may remove a | member of the subcommittee on proven charges of inefficiency, | incompetence, immorality or unprofessional conduct. |
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| | 3.__Compensation.__The members of the subcommittee are | entitled to compensation according to the provisions of Title 5, | chapter 379.__Expenses of the members must be certified by the | secretary of the board. |
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| | 4.__Duties.__The subcommittee shall: |
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| A.__Adopt rules pertaining to denturists not contrary to law | and subject to legislative review.__Rules adopted pursuant | to this paragraph are routine technical rules as defined in | Title 5, chapter 375, subchapter II-A; |
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| B.__Investigate complaints and discipline denturist | licensees; |
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| C.__Prepare and give examinations for the purpose of | licensing and authorize regional or national examinations | for the purpose of licensing; |
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| D.__Submit a yearly budget, ensuring that operations of the | subcommittee are supported entirely by denturist licensing | fees; |
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| E.__Approve educational curriculums for the purpose of | licensing and continuing education; and |
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| F.__Hold at least one annual meeting, and special meetings | as necessary, at a time and place to be fixed by the | subcommittee. |
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| | Sec. 5. 32 MRSA §1081, sub-§2, ¶¶E and G, as amended by PL 1993, c. 600, | Pt. A, §63, are further amended to read: |
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| E. The filling of prescriptions of a licensed dentist or | denturist by any person, association, corporation or other | entity for the construction, reproduction or repair of | prosthetic dentures, bridges, plates or appliances to be | used or worn as substitutes for natural teeth, provided that | this person, association, corporation or other entity does | not solicit nor advertise, directly or indirectly, by mail, | card, newspaper, pamphlet, radio or otherwise, to the | general public to construct, reproduce or repair prosthetic | dentures, bridges, plates or other appliances to be used or | worn as substitutes for natural teeth; and |
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| G. The taking of impressions by dental hygienists or dental | assistants for study purposes only.; and |
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| | Sec. 6. 32 MRSA §1081, sub-§2, ¶H is enacted to read: |
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| H.__The practice of denturism. |
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| | Sec. 7. 32 MRSA §1081, sub-§3, ¶¶A and C, as amended by PL 1993, c. 600, | Pt. A, §63, are further amended to read: |
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| A. Employs dentists or dental hygienists, denturists or | other dental auxiliaries in the operation of a dental | office; |
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| C. Retains the ownership or control of dental equipment or | material or a dental office and makes the same available in | any manner for the use by dentists or dental hygienists or | other agents, except that nothing in this subsection applies | to bona fide sales of dental equipment or material secured | by a chattel mortgage or retain title agreement. A person | licensed to practice dentistry may not enter into | arrangements with a person who is not licensed to practice | dentistry. |
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| | Sec. 8. 32 MRSA §1090, as amended by PL 1993, c. 600, Pt. A, §72, | is further amended to read: |
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| §1090. Prescription required for dental laboratory |
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| | 1. Prescription. A dentist or denturist who uses the | services of a person not licensed to practice dentistry or |
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| denturism in this State to construct, alter, repair or duplicate | a denture, plate, partial plate, bridge, splint, orthodontic or | prosthetic appliance shall first furnish the unlicensed person | with a written prescription, which must contain: |
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| A. The name and address of the unlicensed person; |
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| B. The patient's name or number. In the event the number is | used, the name of the patient must be written upon the | duplicate copy of the prescription retained by the dentist; |
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| C. The date on which it was written; |
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| D. A prescription of the work to be done, with diagrams if | necessary; |
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| E. A specification of the type and quality of materials to | be used; and |
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| F. The signature of the dentist or denturist and the number | of the dentist's or denturist's state license. |
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| The unlicensed person shall retain the original prescription and | the dentist or denturist shall retain for 2 years a duplicate | copy for inspection by the board or its agent. For purposes of | this subsection, "unlicensed person" includes all legal entities. |
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| | Sec. 9. 32 MRSA §1100-A, as amended by PL 1993, c. 600, Pt. A, §87, | is further amended to read: |
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| | Duties of dental auxiliaries other than dental hygienists and | denturists must be defined and governed by the rules of the Board | of Dental Examiners. Dental auxiliaries include, but are not | limited to, dental hygienists, dental assistants, and dental | laboratory technicians and denturists. |
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| | Sec. 10. 32 MRSA §1100-B, sub-§3, ¶¶A and B, as amended by PL 1993, c. | 600, Pt. A, §88, are further amended to read: |
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| A. The taking of denture impressions and bite registration | for the purpose of or with a view to the making, producing, | reproducing, construction, finishing, supplying, altering or | repairing of a complete upper or complete lower prosthetic | denture, or both, to be fitted to an edentulous arch or | arches; |
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| B. The fitting of a complete upper or lower prosthetic denture, | or both, to an edentulous arch or arches, including |
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| the making, producing, reproducing, constructing, finishing, | supplying, altering and repairing of dentures; and |
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| | Sec. 11. 32 MRSA §1100-B, sub-§4 is enacted to read: |
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| | 4.__Subcommittee.__"Subcommittee" means the Denturist | Subcommittee. |
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| | Sec. 12. 32 MRSA §1100-C, sub-§1, as amended by PL 1995, c. 590, §5, | is further amended to read: |
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| | 1. Rules required. The board subcommittee shall adopt rules | necessary to implement this subchapter. Rules adopted may | pertain, but are not limited to, continuing education, statement | of oral conditions and other record retention requirements, | prelicensure permits and the specification of other procedures | incidental to the practice of denturism. Rules adopted pursuant | to this subchapter are routine technical rules as defined in | Title 5, chapter 375, subchapter II-A. |
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| | Sec. 13. 32 MRSA §1100-C, sub-§6 is enacted to read: |
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| | 6.__Oral health certificate not required.__The rules adopted | by the subcommittee may not require that a denturist hold an oral | health certificate from a dentist before treating a patient. |
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| | Sec. 14. 32 MRSA §1100-D, sub-§1, as amended by PL 1995, c. 590, §6, | is further amended to read: |
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| | 1. Authority. The board subcommittee is authorized to prepare | and give examinations in the area of denturism for the purpose of | licensing denturists. All examinations prepared and given under | this subchapter may be prepared and given by the full board, by | an appointed subcommittee of the board or by an entity authorized | by the board subcommittee. The board may subcommittee shall also | recognize a nationally or regionally administered examination | given at least annually for applicants to practice denturism in | the State. |
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| | Sec. 15. 32 MRSA §1100-D, sub-§2-A, ¶A, as enacted by PL 1995, c. 590, | §6, is repealed. |
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| | Sec. 16. 32 MRSA §1100-D, sub-§2-A, ¶B, as enacted by PL 1995, c. 590, | §6, is amended to read: |
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| B. A person is eligible to take the examination if that | person: |
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| (1) Is a high school graduate or has obtained high | school equivalency; and |
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| (2) Has a diploma from a board-approved denturism | postsecondary institution or has completed an | equivalent denturist educational program approved by | the board successfully completed a course certified by | the American Denturist Association, the Denturist | Association of Canada, or a successor organization of | either, or the subcommittee. |
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| | Sec. 17. 32 MRSA §1100-D, sub-§§3 and 4, as amended by PL 1995, c. 590, | §6, are further amended to read: |
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| | 3. Application for examination; fee. An eligible person | desiring to take an examination in order to become licensed as a | denturist shall make a written application to the board | subcommittee to take the examination. This application must be | accompanied by an application fee, to be determined by the board | subcommittee, but not to exceed $100 and an examination fee to be | determined by the board subcommittee that may not exceed the | actual cost of the examination. The application fee includes the | fee for the initial license and is nonrefundable. |
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| | 4. Additional examinations; fee. An applicant failing to | pass an examination is entitled to a reexamination upon payment | of the examination fee set by the board subcommittee. If an | applicant has failed 3 examinations, the board subcommittee may | require the applicant to complete additional educational | requirements prior to reexamination. |
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| | Sec. 18. 32 MRSA §1100-E, sub-§§2 to 4-A, as amended by PL 1995, c. 590, | §7, are further amended to read: |
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| | 2. License issued. The Upon recommendation of the | subcommittee, the board shall issue a license for the practice in | this State to each person who has passed an examination under | section 1100-D. This license authorizes the licensee to practice | as a denturist in the State until the expiration date that | appears on the license. |
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| | 3. Renewal; renewal fee. After a license has been issued | under subsection 2, and on or before January 1st of odd-numbered | years, a denturist must pay to the board subcommittee a license | renewal fee of not more than $100 to be determined by the board | subcommittee in order to renew the license and to continue to be | authorized to practice as a denturist in the State or 1/2 the | biennial licensure fee if application is made in an even-numbered | year. |
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| After the requirements for a license renewal, including any | necessary continuing education, have been met, a renewal card of |
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| the denturist's license must be issued, which the denturist shall | place beside or attach to the denturist's initial license. | Denturists who have not paid as provided by January 1st must be | reinstated upon payment of a fee, to be determined by the board | subcommittee, of not more than $50 if paid by February 1st. A | license to practice is automatically suspended on February 1st | and may be reinstated, if approved by the board, on payment of a | fee to be determined by the board of not more than $100 | subcommittee. |
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| | 4. Endorsement. The board, at its discretion, without | examination, may issue a license to an applicant to practice as a | denturist who furnishes proof satisfactory to the board that the | denturist has been licensed to practice and has actively | practiced for a period of 5 years in another state or Canadian | province after full compliance with the requirements of its | dental laws, if the licensure requirements are, in all | essentials, at least equivalent to those of this State. The board | may require letters of reference about the denturist. Applicants | for licensure by endorsement who meet the requirements of this | section must be interviewed in person by the board, or members of | the board, prior to being issued a license. Every license so | given must state upon its face that it was granted on the basis | of endorsement. The fee for the license may not exceed $100. |
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| | 4-A. Duplicate license. A licensee must be issued a duplicate | license by the board for a fee of $15 to be paid to the | subcommittee upon attestation of loss of the original. |
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| | Sec. 19. 32 MRSA §1100-E, sub-§5, ¶B-1, as enacted by PL 1995, c. 590, | §7, is repealed. |
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| | Sec. 20. 32 MRSA §1100-E, sub-§6, as amended by PL 1995, c. 590, §7 | and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further | amended to read: |
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| | 6. Mental or physical examination. For the purposes of this | subsection, by the application for and acceptance of the license, | a licensed denturist is deemed to have given consent to a mental | or physical examination when directed by the board subcommittee. | The board subcommittee may direct the examination whenever it | determines a denturist may be suffering from a mental illness | that may be interfering with the competent practice of denturism | or from the use of intoxicants or drugs to an extent that they | are preventing the denturist from practicing denturism | competently and with safety to the patients. A denturist | examined pursuant to an order of the board subcommittee does not | have the privilege to prevent the testimony of the examining | individual or to prevent the acceptance into evidence of the | report of an examining individual. Failure to comply with an |
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| order of the board subcommittee to submit to a mental or physical | exam requires the District Court to immediately order the license | of the denturist suspended until the denturist submits to the | examination. |
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| | Sec. 21. 32 MRSA §1100-E-1, as enacted by PL 1995, c. 590, §8, is | amended to read: |
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| §1100-E-1. Continuing education |
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| | As a condition of a license renewal, a denturist licensee | shall must submit evidence of successful completion of 20 hours | of continuing education consisting of board-approved courses | approved by the subcommittee completed within the 2 years | preceding the application for renewal. The board subcommittee | shall proportionally reduce the continuing education hours | required for denturists who have been licensed for less than a 2- | year period upon the date of renewal. |
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| | Sec. 22. 32 MRSA §1100-K, sub-§3 is enacted to read: |
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| | 3.__Exception.__A denturist who is a licensed dental | radiographer may expose, develop and interpret X rays without | supervision of a dentist. |
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| | Sec. 23. Denturist Subcommittee; staggered terms. Notwithstanding the | Maine Revised Statutes, Title 32, section 1078, subsection 1, of | those initial appointments to the Denturist Subcommittee, one | denturist's term must be 5 years, one denturist's term must be 4 | years and the public member's term must be 3 years. |
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| | Sec. 24. Retroactivity. That section of this Act that amends the | Maine Revised Statutes, Title 32, section 1071, first paragraph | applies retroactively to January 1, 2001. |
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| | Sec. 25. Transition. Rules in effect on the effective date of this | Act adopted by the Board of Dental Examiners to regulate the | practice of denturism remain in effect until amended, repealed or | replaced by the Denturist Subcommittee. |
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| | This bill makes several changes relating to denturists and | dental practices. Specifically, the bill does the following: |
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| | 1. It authorizes denturists to become shareholders in dental | practices; |
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| | 2. It adds back the denturist member to the Board of Dental | Examiners; |
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| | 3. It establishes the Denturist Subcommittee as an | independent subcommittee of the Board of Dental Examiners. The | subcommittee consists of 2 denturists and one public member | serving staggered 5-year terms. While licensing authority | remains with the board, the subcommittee is given jurisdiction | over examinations and approval of educational curriculums and | continuing education. Money received form license issuance and | renewal is paid to the subcommittee, which has the duty to ensure | that its operations are supported entirely by those fees; |
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| | 4. It clarifies the definition of the "practice of | denturism"; |
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| | 5. It prohibits a mandatory oral health certification as a | precondition for a denturist to treat a patient, and clarifies | that the subcommittee, not the board, will adopt rules to | regulate the practice of denturism; |
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| | 6. It clarifies that the a education requirement may be met | by successful completion of a course certified by the American | Denturist Association or the Denturist Association of Canada; and |
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| | 7. It provides that denturist who is a licensed dental | radiographer may expose, develop and interpret X rays without | supervision of a dentist. |
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