‘An Act To Establish a State Board of Dental Hygiene’
Amend the bill by striking out the title and substituting the following:
Amend the bill by striking out all of section 1 and inserting the following:
‘Sec. 1. 5 MRSA §12004-A, sub-§10-A is enacted to read:
10-A.
| State Board of Dental Hygiene | Legislative Per Diem | 32 MRSA §19121 |
Sec. 2. 10 MRSA §8001-A, sub-§3-A is enacted to read:
3-A. State Board of Dental Hygiene. Dental Hygiene, State Board of;’
Amend the bill in section 2 in subsection 4 in the 4th line (page 1, line 11 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 4 in subsection 1 in the 4th line (page 2, line 6 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 5 in subsection 1 in the 4th line (page 2, line 14 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 6 in subsection 1 in the 4th line (page 2, line 22 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 14 in paragraph H in the first line (page 3, line 33 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 16 in subsection 6 in the 2nd line (page 4, line 19 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 18 in §1100-A in the first paragraph in the 4th line (page 4, line 30 in L.D.) by striking out the following: " 19169" and inserting the following: ' 19168'
Amend the bill in section 19 in paragraph A in the first line (page 4, line 36 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 20 in paragraph A in the first line (page 4, line 39 in L.D.) by striking out the following: " 141" and inserting the following: ' 143'
Amend the bill in section 21 in the first line (page 5, line 1 in L.D.) by striking out the following: "c. 141" and inserting the following: 'c. 143'
Amend the bill in section 21 in the 2nd line (page 5, line 2 in L.D.) by striking out the following: " CHAPTER 141" and inserting the following: ' CHAPTER 143'
Amend the bill in section 21 in the 3rd line (page 5, line 3 in L.D.) by striking out the following: " DENTAL HYGIENISTS" and inserting the following: ' DENTAL HYGIENE PRACTICE'
Amend the bill in section 21 in §19101 in subsection 1 in the first line (page 5, line 9 in L.D.) by striking out the following: " Hygienists" and inserting the following: ' Hygiene'
Amend the bill in section 21 in §19102 in subsection 1 in paragraph A in the first line (page 5, line 17 in L.D.) by striking out the following: " the secretary of"
Amend the bill in section 21 in §19102 in subsection 1 in paragraph B in the first line (page 5, line 19 in L.D.) by striking out the following: " the secretary of"
Amend the bill in section 21 in §19102 in subsection 2 in the 2nd line (page 5, line 22 in L.D.) by striking out the following: " imposed by the board of not more than $25" and inserting the following: ' set by the board pursuant to section 19123'
Amend the bill in section 21 in subchapter 2 in the 2nd line (page 6, line 1 in L.D.) by striking out the following: " HYGIENISTS" and inserting the following: ' HYGIENE'
Amend the bill in section 21 in §19121 in the first paragraph in the first line (page 6, line 3 in L.D.) by striking out the following: " Hygienists" and inserting the following: ' Hygiene'
Amend the bill in section 21 in §19122 in the first paragraph in the first line (page 6, line 8 in L.D.) by striking out the following: " a citizen of the United States and"
Amend the bill in section 21 in §19122 in subsection 1 in the blocked paragraph in the first line (page 6, line 14 in L.D.) by striking out the following: " active" and inserting the following: ' an active instructor'
Amend the bill in section 21 in §19122 by striking out all of subsections 2 to 4 (page 6, lines 16 to 32 in L.D.) and inserting the following:
‘ 2. Public health dental hygienist. One dental hygienist with public health supervision status as described in section 19148 who holds a current state license to practice dental hygiene;
3. Independent practice dental hygienist. One independent practice dental hygienist who holds a current state license as an independent practice dental hygienist; and
4. Public member. One public member as defined in Title 5, section 12004-A.’
Amend the bill in section 21 in §19123 in the first paragraph in the 2nd line (page 6, line 35 in L.D.) by striking out the following: " and a secretary"
Amend the bill in section 21 in §19123 in the first paragraph in the 3rd line (page 7, line 1 in L.D.) by striking out the following: " must be called by the secretary on" and inserting the following: ' may be called at'
Amend the bill in section 21 in §19123 in the 2nd paragraph in the first line (page 7, line 3 in L.D.) by striking out the following: " perform an initial review of" and inserting the following: ' review'
Amend the bill in section 21 in §19123 in the 2nd paragraph in the 3rd line (page 7, line 5 in L.D.) by striking out the following: " secretary of the"
Amend the bill in section 21 in §19123 in the 3rd paragraph in the first line (page 7, line 8 in L.D.) by striking out the following: " perform an initial review of" and inserting the following: ' review'
Amend the bill in section 21 in §19123 in the 3rd paragraph in the 4th line (page 7, line 11 in L.D.) by striking out the following: " 19146" and inserting the following: ' 19145'
Amend the bill in section 21 in §19123 in the 3rd paragraph in the 5th line (page 7, line 12 in L.D.) by striking out the following: " 19168" and inserting the following: ' 19167'
Amend the bill in section 21 in §19123 by striking out all of subsections 1 and 2 (page 7, lines 18 to 22 in L.D.)
Amend the bill in section 21 in §19123 by striking out all of subsection 4 (page 7, lines 25 and 26 in L.D.)
Amend the bill in section 21 in §19123 by striking out all of subsection 8 (page 7, lines 34 and 35 in L.D.)
Amend the bill in section 21 in §19123 by striking out all of subsections 10 to 15 (page 8, lines 1 to 22 in L.D.) and inserting the following:
‘ 10. Budget and staffing. Shall submit to the Commissioner of Professional and Financial Regulation its budgetary requirements in the same manner as provided in Title 5, section 1665, and the commissioner shall transmit these requirements to the Bureau of the Budget without any revision, alteration or change unless alterations are mutually agreed upon by the Department of Professional and Financial Regulation and the board or the board's designee. The administrative expenses of staff and infrastructure of the Board of Dental Examiners must be shared on a pro rata basis with the State Board of Dental Hygiene. The board shall charge sufficient licensure fees to finance this pro rata sharing of costs. The budget submitted by the board to the commissioner must be sufficient to enable the board to comply with this chapter;
11. Contracts. May enter into contracts to ensure the provision of goods and services necessary to perform regulatory functions and to fulfill statutory responsibilities;
12. Fees. Shall establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for the respective purposes, except that the fee for any one purpose may not exceed $175. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; and’
Amend the bill in section 21 in §19123 by renumbering the subsections to read consecutively.
Amend the bill in section 21 in §19124 in subsection 1 in the 2nd line (page 8, line 28 in L.D.) by striking out the following: " shall" and inserting the following: ' may'
Amend the bill in section 21 in §19124 in subsection 1 in paragraph A in the last line (page 9, line 9 in L.D.) by inserting after the following: " office" the following: ' . In consideration for acceptance of a voluntary surrender of the license, if a consent agreement is signed by the board, the licensee and the Attorney General's office, may negotiate stipulations, including terms and conditions for reinstatement, that ensure protection of the public health and safety and that serve to rehabilitate or educate the licensee'
Amend the bill in section 21 in §19124 in subsection 1 by striking out all of paragraph B (page 9, lines 10 to 14 in L.D.)
Amend the bill in section 21 in §19124 in subsection 1 in paragraph C in the 2nd and 3rd lines (page 9, lines 16 and 17 in L.D.) by striking out the following: " refer the complaint to a dental hygienist adjudicatory panel, convened pursuant to section 19129, for the purpose of holding" and inserting the following: ' hold'
Amend the bill in section 21 in §19124 in subsection 1 in the last blocked paragraph in the first and 2nd lines (page 9, lines 22 and 23 in L.D.) by striking out the following: " Notwithstanding Title 10, section 8003, subsection 5, any nonconsensual revocation of a license by a dental hygienist adjudicatory panel" and inserting the following: ' Any nonconsensual revocation of a license by the board'
Amend the bill in section 21 in §19124 in subsection 1 by relettering the paragraphs to read consecutively.
Amend the bill in section 21 in §19124 in subsection 2 by striking out all of paragraph B (page 9, lines 34 to 36 in L.D.) and inserting the following:
‘ B. Misuse of alcohol, drugs or other substances that has resulted or may result in the licensee's performing services in a manner that endangers the health or safety of patients;’
Amend the bill in section 21 by striking out all of §19126 (page 10, lines 24 to 26 in L.D.)
Amend the bill in section 21 by striking out all of §19128 (page 10, lines 30 to 37 in L.D.) and inserting the following:
‘ § 19128. Disposition of fees
All money received by the board under this chapter must be paid to the Treasurer of State and credited to the account of the State Board of Dental Hygiene, which is established as a nonlapsing, dedicated fund. Amounts paid into this account may be used only for the expenses incurred in the performance of the purposes of this chapter and the duties imposed by this chapter and the promotion of dental hygiene education and standards of dental hygiene care in this State.’
Amend the bill in section 21 by striking out all of §19129 (page 11, lines 1 to 38 and page 12, lines 1 to 15 in L.D.)
Amend the bill in section 21 in §19143 in the first paragraph in the 3rd line (page 12, line 33 in L.D.) by striking out the following: " determined by the board not to exceed $175" and inserting the following: ' as set by the board pursuant to section 19123'
Amend the bill in section 21 in §19144 in the first paragraph in the 6th and 7th lines (page 13, lines 7 and 8 in L.D.) by striking out the following: " of not more than $175 to be determined by the board" and inserting the following: ' as set by the board pursuant to section 19123'
Amend the bill in section 21 in §19144 in the first paragraph in the 8th line (page 13, line 9 in L.D.) by striking out the following: " of not more than $50"
Amend the bill in section 21 in §19144 in the first paragraph in the 4th line from the end (page 13, line 13 in L.D.) by striking out the following: " secretary of the"
Amend the bill in section 21 in §19144 in the first paragraph in the 4th line from the end (page 13, line 13 in L.D.) by striking out the following: " determined by the board of not more than $175" and inserting the following: ' set by the board pursuant to section 19123'
Amend the bill in section 21 by striking out all of §19145 (page 13, lines 20 to 22 in L.D.)
Amend the bill in section 21 in §19146 in the first paragraph by striking out all of the last sentence (page 13, lines 27 and 28 in L.D.)
Amend the bill in section 21 by striking out all of §19148 and inserting the following:
‘ § 19148. Licensure requirements for graduates of accredited programs
In order to be licensed as a dental hygienist under this subchapter, a person who is a graduate of a dental hygiene program approved by the American Dental Association Commission on Dental Accreditation or its successor organization must meet one of the following 2 sets of requirements:
1. Licensure requirements; option 1. An applicant for licensure under option 1 must:
A. Have received, at least, an associate degree from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation or its successor organization and submit a transcript from the program affirming that the applicant has met all applicable degree requirements;
B. Have completed with a passing grade the National Board Dental Hygiene Examination or the successor to that examination;
C. Have completed with a passing grade the North East Regional Board of Dental Examiners, Inc. dental hygiene examination or the successor to that examination; and
D. Have completed with a passing grade the jurisprudence examination given by the board; or
2. Licensure requirements; option 2. An applicant for licensure under option 2 must:
A. Have graduated from an accredited dental hygiene program;
B. If the applicant graduated after 1964, have completed with a passing grade the National Board Dental Hygiene Examination or the successor to that examination if such an examination was required;
C. Have furnished proof satisfactory to the board that the applicant has been duly licensed to practice dental hygiene in another state after full compliance with that state's laws;
D. If the applicant graduated after 1970, have completed with a passing grade the North East Regional Board of Dental Examiners, Inc. dental hygiene examination or the successor to that examination if such an examination was required;
E. Have engaged in active clinical practice for a minimum of 3 years prior to application; and
F. Have completed with a passing grade the jurisprudence examination given by the board.
The board may at its discretion waive the North East Regional Board Dental Hygiene Examination or the successor to that examination if all other requirements have been met.’
Amend the bill in section 21 in §19150 in the first line (page 15, line 8 in L.D.) by striking out the following: " Endorsement" and inserting the following: ' Licensure by endorsement'
Amend the bill in section 21 in §19150 in the first paragraph in the 6th to 8th lines (page 15, lines 14 to 16 in L.D.) by striking out the following: " An applicant for licensure by endorsement who meets the requirements of this section must be interviewed in person by the board prior to being issued a license."
Amend the bill in section 21 in §19150 in the first paragraph in the last 2 lines (page 15, lines 17 and 18 in L.D.) by striking out the following: " determined by the board, but may not be more than $175" and inserting the following: ' as set by the board pursuant to section 19123'
Amend the bill in section 21 in §19164 in the first paragraph in the first line (page 16, line 29 in L.D.) by striking out the following: " by endorsement"
Amend the bill in section 21 in §19164 in the first paragraph in the 2nd line (page 16, line 30 in L.D.) by striking out the following: " 19148, subsection 2 or section 19150" and inserting the following: ' 19147, subsection 2 or section 19149'
Amend the bill in section 21 in §19165 in the first paragraph in the last 2 lines (page 17, lines 1 and 2 in L.D.) by striking out the following: " set under section 19167" and inserting the following: ' as set by the board pursuant to section 19123'
Amend the bill in section 21 in §19166 in the first paragraph in the 3rd line (page 17, line 6 in L.D.) by striking out the following: " 19167" and inserting the following: ' 19123'
Amend the bill in section 21 by striking out all of §19167 (page 17, lines 23 to 27 in L.D.)
Amend the bill in section 21 in §19168 in the first paragraph by striking out all of the last sentence (page 17, lines 32 to 34 in L.D.)
Amend the bill in section 21 in §19168 in the 2nd paragraph in the first line (page 17, line 35 in L.D.) by striking out the following: " 19146" and inserting the following: ' 19145'
Amend the bill in section 21 in §19168 in the 3rd paragraph in the 2nd line (page 17, line 39 in L.D.) by striking out the following: " 19146" and inserting the following: ' 19145'
Amend the bill in section 21 in §19170 in the first paragraph in the last line (page 18, line 33 in L.D.) by striking out the following: " 19169" and inserting the following: ' 19168'
Amend the bill in section 21 in chapter 141 by renumbering the sections to read consecutively.
Amend the bill in section 23 in subsection 1 in the last line (page 20, line 4 in L.D.) by striking out the following: "Hygienists" and inserting the following: 'Hygiene'
Amend the bill in section 23 by inserting at the end the following:
‘3. Rules. The rules of the Board of Dental Examiners applicable to dental hygienists that are in effect on the effective date of this Act remain in effect until amended or repealed by the State Board of Dental Hygiene.
4. Staggered terms. The terms of initial appointments to the State Board of Dental Hygiene pursuant to the Maine Revised Statutes, Title 32, section 19121 are staggered as follows: two members serve for 5-year terms; 2 members serve for 4-year terms; and one member serves for a 3-year term.’
Amend the bill by inserting after section 23 the following:
‘Sec. 24. Transfer. Notwithstanding any other provision of law, the State Controller shall transfer $211,820 from available balances in the Board of Dental Examiners, Other Special Revenue Funds account to the State Board of Dental Hygiene, Other Special Revenue Funds account no later than August 15, 2014 to cover the initial start-up costs of the State Board of Dental Hygiene.
Sec. 25. Appropriations and allocations. The following appropriations and allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative: Provides funds for one part-time Assistant Attorney General position and related costs.
| OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
|
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 0.500 |
|
Personal Services
|
$0 | $40,603 |
|
All Other
|
$0 | $4,346 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $44,949 |
| ATTORNEY GENERAL, DEPARTMENT OF THE | ||
| DEPARTMENT TOTALS | 2013-14 | 2014-15 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $44,949 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $44,949 |
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Dental Examiners - Board of 0384
Initiative: Reduces funding for staff support and all other related costs as a result of sharing administrative and infrastructure costs on a pro rata basis with the State Board of Dental Hygiene.
| OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
|
Personal Services
|
$0 | ($53,821) |
|
All Other
|
$0 | ($28,559) |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($82,380) |
State Board of Dental Hygiene N149
Initiative: Provides funding for the pro rata share of administrative and infrastructure cost to support the State Board of Dental Hygiene.
| OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
|
Personal Services
|
$0 | $53,425 |
|
All Other
|
$0 | $61,595 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $115,020 |
State Board of Dental Hygiene N149
Initiative: Provides funding for the per diem costs for the members of the State Board of Dental Hygiene.
| OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
|
Personal Services
|
$0 | $3,245 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $3,245 |
| PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2013-14 | 2014-15 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $35,885 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $35,885 |
| SECTION TOTALS | 2013-14 | 2014-15 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $80,834 |
|
|
|
| SECTION TOTAL - ALL FUNDS | $0 | $80,834 |
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment makes the following changes to the bill:
1. It changes the name of the State Board of Dental Hygienists to the State Board of Dental Hygiene;
2. It establishes the State Board of Dental Hygiene as an affiliated board with the Department of Professional and Financial Regulation that shares resources with the Board of Dental Examiners;
3. It adds provisions that explain that the administrative expenses for staff and infrastructure of the Board of Dental Examiners must be shared on a pro rata basis with the State Board of Dental Hygiene and provides that the State Board of Dental Hygiene is required to charge sufficient licensure fees to finance the pro rata sharing of costs;
4. It removes all references in the bill that add an executive and assistant executive director and a secretary to the board and removes other technical provisions relating to the board's powers and duties that are not necessary to the board's primary responsibilities;
5. It removes provisions in the bill that establish dental hygienist adjudicatory panels;
6. It amends provisions in the bill relating to appointments to the board of public health hygienists and independent practice dental hygienists to ensure the qualifications for appointment accurately reflect the current statutory licensure requirements. It also adds the requirement that one dental hygienist on the board be an active instructor in an approved educational program in dental hygiene;
7. It establishes that any fees set by the board may not exceed $175;
8. It removes provisions that require an in-person interview for applicants who had completed the North East Regional Board of Dental Examiners, Inc. dental hygiene examination more than one year prior to application for licensure and for applicants seeking licensure by endorsement;
9. It adds 2 unallocated transition provisions to provide that the rules of the Board of Dental Examiners applicable to dental hygienists that are in effect on the effective date of this legislation remain in effect until amended or repealed by the State Board of Dental Hygiene and establishes staggered terms for initial appointments to that board;
10. It requires the State Controller to transfer $211,820 from available balances in the Board of Dental Examiners, Other Special Revenue Funds account to the State Board of Dental Hygiene, Other Special Revenue Funds account no later than August 15, 2014 to cover the initial start-up costs of the State Board of Dental Hygiene;
11. It changes the allocation of the provisions establishing the State Board of Dental Hygiene to the Maine Revised Statutes, Title 32, chapter 143 to avoid a numbering conflict; and
12. It adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)