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Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 32 MRSA §1094-D, as amended by PL 2007, c. 620, Pt. C, §9, is further amended to read:
§ 1094-D.Definitions
As used in this subchapter, unless the context otherwise indicates, "expanded function dental assistantauxiliary" means an individual who holds a current valid certification under this subchapter to perform reversible intraoral procedures, perform cementation of permanent crowns and onlays, administer final impressions and perform digital imaging as authorized by this subchapter under the direct supervision of a licensed dentist and under an assignment of duties by a dentist. As used in this subchapter, unless the context otherwise indicates, "reversible intraoral procedures" means placing and removing rubber dams and matrices; placing and contouring amalgam, composite and other restorative materials; applying sealants; supra gingival polishing; and other reversible procedures defined by the board not designated by this chapter to be performed only by licensed dentists, dental hygienists or independent practice dental hygienists.
Sec. 2. 32 MRSA §1094-E, first ¶, as enacted by PL 2005, c. 322, §1, is amended to read:
An expanded function dental assistantauxiliary may not perform the following procedures:
Sec. 3. 32 MRSA §1094-F, as enacted by PL 2005, c. 322, §1, is amended to read:
§ 1094-F.Supervision
An expanded function dental assistantauxiliary shall perform under the direct supervision of a dentist. As used in this section, "direct supervision" means that a dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the condition to be treated and remains in the dental office or treatment facility while the procedure is being performed by the expanded function dental assistantauxiliary and, before dismissal of the patient, evaluates the work performed by the expanded function dental assistantauxiliary.
Sec. 4. 32 MRSA §1094-G, first ¶, as enacted by PL 2005, c. 322, §1, is amended to read:
The board may certify as an expanded function dental assistantauxiliary a person 18 years of age or older who submits an application on forms furnished by the board together with the required fee to be determined by the board, not to exceed $100, and:
Sec. 5. 32 MRSA §1094-G, sub-§2, as enacted by PL 2005, c. 322, §1, is amended to read:
 
2. Is credentialed by another state or province.   Is credentialed to perform as an expanded function dental assistantauxiliary by another state or Canadian province, the standards of which are acceptable to the board.
Sec. 6. 32 MRSA §1094-H, first ¶, as enacted by PL 2005, c. 322, §1, is amended to read:
Certificates must be renewed every 5 years. On or before the expiration of the certificate, the expanded function dental assistantauxiliary must pay to the board a certification renewal fee of not more than $100 to be determined by the board. Expanded function dental assistantsauxiliaries who have not paid the renewal fee on or before the expiration of the 5-year certificate must be reinstated upon payment of a late fee of not more than $50 to be determined by the board if paid within 30 days of the certificate's expiration date. Failure to be properly certified within 30 days results in automatic suspension of a certificate to practice. Reinstatement may be made, if approved by the board, by payment to the secretary-treasurer of the board of a fee determined by the board of not more than $100.
Sec. 7. 32 MRSA §1094-Q, sub-§1, ¶¶N and O, as enacted by PL 2007, c. 620, Pt. B, §1, are amended to read:
 
N. Place temporary restorations in compliance with the protocol adopted by the board; and
 
O. Apply topical antimicrobials, excluding antibiotics, including fluoride, for the purposes of bacterial reduction, caries control and desensitization in the oral cavity. The independent practice dental hygienist shall follow current manufacturer's instructions in the use of these medicaments.; and
Sec. 8.  32 MRSA §1094-Q, sub-§1, ¶P  is enacted to read:
 
P.  Perform atraumatic restorative technique, upon successful completion of additional training established by the board. For the purposes of this paragraph, "atraumatic restorative technique" means a procedure to identify and remove tooth decay using a simple hand tool alone and restore the cavity with an adhesive restorative material.
Sec. 9. 32 MRSA §1098-E, as enacted by PL 2005, c. 198, §1, is amended to read:
§ 1098-E.Temporary filling procedures; atraumatic restorative technique
A dental hygienist with public health supervision status, as defined by rules adopted by the Board of Dental Examiners, may perform temporary filling procedures without a dentist present under protocols developed by the Board of Dental Examiners. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
In addition to temporary filling procedures, a dental hygienist with public health supervision status who successfully completes additional training established by the board may perform atraumatic restorative technique. For the purposes of this paragraph, "atraumatic restorative technique" means a procedure to identify and remove tooth decay using a simple hand tool alone and restore the cavity with an adhesive restorative material.
Sec. 10. 32 MRSA §1100-A, as amended by PL 2007, c. 620, Pt. C, §10, is further amended to read:
§ 1100-A.Definition
Duties of dental auxiliaries other than dental hygienists and expanded function dental assistantsauxiliaries must be defined and governed by the rules of the Board of Dental Examiners, except that duties of independent practice dental hygienists set forth in section 1094-Q, subsection 1 may not be restricted or expanded by the board. Dental auxiliaries include, but are not limited to, dental hygienists, independent practice dental hygienists, dental assistants, expanded function dental assistantsauxiliaries, dental laboratory technicians and denturists.
Sec. 11. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 32, chapter 16, subchapter 3-A, in the subchapter headnote, the words "expanded function dental assistant" are amended to read "expanded function dental auxiliary" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.’
 
SUMMARY
This amendment is the minority report of the committee. It replaces the bill and broadens the scope of practice for dental hygienists with public health supervision status and independent practice dental hygienists who have successfully completed additional training established by the Department of Professional and Financial Regulation, Board of Dental Examiners to include the performance of atraumatic restorative technique. It defines "atraumatic restorative technique" to mean a procedure to identify and remove tooth decay using a simple hand tool alone and restore the cavity with an adhesive restorative material. It also changes the designation of expanded function dental assistants to "expanded function dental auxiliary" and broadens their scope of practice, which currently includes the performance of reversible intraoral procedures, to include the cementation of permanent crowns and onlays, the administering of final impressions and the performance of digital imaging under the direct supervision of a licensed dentist.
FISCAL NOTE REQUIRED
(See attached)