Maine Revised Statutes

§18371. Dentist

1. Scope of practice.  A dentist, charitable dentist, clinical dentist educator, faculty dentist, limited dentist or resident dentist may:
A. Perform a dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money or other compensation paid, or to be paid, directly or indirectly to the person or to any other person or agency who is a proprietor of a place where dental operations, oral surgery or dental services are performed; [2015, c. 429, §21 (NEW).]
B. Take impressions of a human tooth, teeth or jaws and perform a phase of an operation incident to the replacement of a part of a tooth; [2015, c. 429, §21 (NEW).]
C. Supply artificial substitutes for the natural teeth and furnish, supply, construct, reproduce or repair a prosthetic denture, bridge, appliance or any other structure to be worn in the human mouth; [2015, c. 429, §21 (NEW).]
D. Place dental appliances or structures in the human mouth and adjust or attempt or profess to adjust the same; [2015, c. 429, §21 (NEW).]
E. Furnish, supply, construct, reproduce or repair or profess to the public to furnish, supply, construct, reproduce or repair a prosthetic denture, bridge, appliance or other structure to be worn in the human mouth; [2015, c. 429, §21 (NEW).]
F. Diagnose or profess to diagnose, prescribe for and treat or profess to prescribe for and treat disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws or adjacent structure; [2015, c. 429, §21 (NEW).]
G. Extract or attempt to extract human teeth; [2015, c. 429, §21 (NEW).]
H. Correct or attempt to correct malformations of teeth and jaws; [2015, c. 429, §21 (NEW).]
I. Repair or fill cavities in the human teeth; [2015, c. 429, §21 (NEW).]
J. Diagnose malposed teeth and make and adjust appliances or artificial casts for treatment of the malposed teeth in the human mouth with or without instruction; [2015, c. 429, §21 (NEW).]
K. Use an x-ray machine for the purpose of taking dental x-rays and interpret or read or profess to interpret or read dental x-rays; [2015, c. 429, §21 (NEW).]
L. Use the words dentist, dental surgeon or oral surgeon and the letters D.D.S. or D.M.D. and any other words, letters, title or descriptive matter that represents that person as being able to diagnose, treat, prescribe or operate for a disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws or adjacent structures and state, profess or permit to be stated or professed by any means or method whatsoever that the person can perform or will attempt to perform dental operations or render a diagnosis connected with dental operations; [2015, c. 429, §21 (NEW).]
M. Prescribe drugs or medicine and administer local anesthesia, analgesia including nitrous oxide and oxygen inhalation and, with the appropriate permit issued by the board, administer sedation and general anesthesia necessary for proper dental treatment; and [2015, c. 429, §21 (NEW).]
N. Take case histories and perform physical examinations to the extent the activities are necessary in the exercise of due care in conjunction with the provision of dental treatment or the administration of anesthesia. A dentist is not permitted to perform physical examinations within a hospital licensed by the Department of Health and Human Services unless this activity is permitted by the hospital. [2015, c. 429, §21 (NEW).]
[ 2015, c. 429, §21 (NEW) .]
2. Limitations.  Individuals practicing dentistry as described in this section who possess one of the following licenses shall adhere to the restrictions in this subsection.
A. An individual with a charitable dentist license may provide dental services only in conjunction with the charitable or social organization for which the license was issued by the board and may not accept remuneration for those services. Authority to practice as a charitable dentist may not exceed one year. [2015, c. 429, §21 (NEW).]
B. An individual with a clinical dentist educator license may provide dental services only as part of the clinical education program under which the license was issued by the board. Authority to practice as a clinical dentist educator may not exceed 7 days in any calendar year. [2015, c. 429, §21 (NEW).]
C. An individual with a faculty dentist license may provide dental services only as part of the education program for which the license was issued by the board. [2015, c. 429, §21 (NEW).]
D. An individual with a limited dentist license may provide dental services only in the nonprofit dental clinic for which the license was issued by the board and may not accept remuneration for those services. [2015, c. 429, §21 (NEW).]
E. An individual with a resident dentist license may provide dental services only under the supervision of the sponsoring dentist and in accordance with the level of supervision and control for which the license was issued by the board. [2015, c. 429, §21 (NEW).]
[ 2015, c. 429, §21 (NEW) .]
3. Delegation authorized.  A dentist may delegate to an unlicensed person the activities listed in this subsection. A dentist who delegates activities as described is legally liable for the activities of that unlicensed person and the unlicensed person in this relationship is considered the dentist's agent.
A. A dentist may delegate the following activities to an unlicensed person as long as these activities are conducted under the general supervision of the delegating dentist:
(1) Changing or replacing dry socket packets after diagnosis and treatment planned by a dentist;
(2) For instruction purposes, demonstrating to a patient how the patient should place and remove removable prostheses, appliances or retainers;
(3) For the purpose of eliminating pain or discomfort, removing loose, broken or irritating orthodontic appliances;
(4) Giving oral health instructions;
(5) Irrigating and aspirating the oral cavity;
(6) Performing dietary analyses for dental disease control;
(7) Placing and recementing with temporary cement an existing crown that has fallen out as long as the dental assistant promptly notifies the dentist this procedure was performed so that appropriate follow-up can occur;
(8) Placing and removing periodontal dressing;
(9) Pouring and trimming dental models;
(10) Removing sutures and scheduling a follow-up appointment with the dentist within 7 to 10 days of suture removal;
(11) Retracting lips, cheek, tongue and other tissue parts;
(12) Taking and pouring impressions for study casts;
(13) Taking and recording the vital signs of blood pressure, pulse and temperature;
(14) Taking dental plaque smears for microscopic inspection and patient education; and
(15) Taking intraoral photographs. [2015, c. 429, §21 (NEW).]
B. If the unlicensed person has successfully passed a certification examination administered by a national dental assisting board, the dentist may delegate to that unlicensed person the following additional activities, as long as these activities are conducted under the general supervision of the dentist:
(1) Placing temporary fillings on an emergency basis as long as the patient is informed of the temporary nature of the fillings; and
(2) Removing excess cement from the supragingival surfaces of teeth. [2015, c. 429, §21 (NEW).]
C. A dentist may delegate to an unlicensed person the following intraoral activities, which must be conducted under the direct supervision of the delegating dentist:
(1) Applying cavity varnish;
(2) Applying liquids, pastes and gel topical anesthetics;
(3) Assisting a dentist who provides orthodontic services in preparation of teeth for attaching, bonding and cementing fixed appliances in a manner appropriate and according to manufacturer's directions;
(4) Delivering, but not condensing or packing, amalgam or composite restoration material;
(5) Fabricating temporary crowns and bridges, limiting handpiece rotary instrumentation used in the fabrication to extraoral use only, as long as the dentist checks the occlusion and fit prior to releasing the patient;
(6) Irrigating and drying root canals;
(7) Isolating the operative field;
(8) Performing cold vitality testing with confirmation by the dentist;
(9) Performing electronic vitality scanning with confirmation by the dentist;
(10) Performing preliminary selection and fitting of orthodontic bands, with final placement and cementing in the patient's mouth by the dentist;
(11) Placing and cementing temporary crowns with temporary cement;
(12) Placing and removing matrix bands, rubber dams and wedges;
(13) Placing elastics and instructing in their use;
(14) Placing, holding or removing celluloid and other plastic strips prior to or subsequent to the placement of a filling by the dentist;
(15) Placing or removing temporary separating devices;
(16) Placing wires, pins and elastic ligatures to tie in orthodontic arch wires that have been fitted and approved by the dentist at the time of insertion;
(17) Preparing tooth sites and surfaces with a rubber cup and pumice for banding or bonding of orthodontic brackets. This procedure may not be intended or interpreted as an oral prophylaxis, which is a procedure specifically reserved to be performed by dental hygienists or dentists. This procedure also may not be intended or interpreted as a preparation for restorative material. A dentist or dental hygienist shall check and approve the procedure;
(18) Reapplying, on an emergency basis only, orthodontic brackets;
(19) Recording readings with a digital caries detector and reporting them to the dentist for interpretation and evaluation;
(20) Removing composite material using slow-speed instrumentation for debonding brackets, as long as the dentist conducts a final check prior to release of the patient;
(21) Removing excess cement from the supragingival surfaces of teeth;
(22) Removing gingival retraction cord;
(23) Removing orthodontic arch wires and tension devices and any loose bands or bonds, but only as directed by the dentist;
(24) Selecting and trying in stainless steel or other preformed crowns for insertion by the dentist;
(25) Taking impressions for opposing models and retainers;
(26) Taking impressions for single-arch athletic mouth guards, bleaching trays, custom trays and fluoride trays; and
(27) Taking intraoral measurements and making preliminary selection of arch wires and intraoral and extraoral appliances, including head gear. [2015, c. 429, §21 (NEW).]
[ 2015, c. 429, §21 (NEW) .]
4. Delegation not authorized.  A dentist may not delegate any dental activity not listed in subsection 3 or 6 to an unlicensed person.
[ 2017, c. 288, Pt. A, §35 (AMD) .]
5. Supervision of dental hygiene therapists.  A dentist, referred to in this section as the "supervising dentist," who employs a dental hygiene therapist shall comply with this subsection.
A. A supervising dentist shall arrange for another dentist or specialist to provide any services needed by a patient of a dental hygiene therapist supervised by that dentist that are beyond the scope of practice of the dental hygiene therapist and that the supervising dentist is unable to provide. [2015, c. 429, §21 (NEW).]
B. The supervising dentist is responsible for all authorized services and procedures performed by the dental hygiene therapist pursuant to a written practice agreement executed by the dentist pursuant to section 18377. [2015, c. 429, §21 (NEW).]
C. Revisions to a written practice agreement must be documented in a new written practice agreement signed by the supervising dentist and the dental hygiene therapist. [2015, c. 429, §21 (NEW).]
D. A supervising dentist who signs a written practice agreement shall file a copy of the agreement with the board, keep a copy for the dentist's own records and make a copy available to patients of the dental hygiene therapist upon request. [2015, c. 429, §21 (NEW).]
[ 2015, c. 429, §21 (NEW) .]
6. Prescription for laboratory services.  A dentist who uses the services of a person not licensed to practice dentistry 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:
A. The name and address of the unlicensed person; [2015, c. 429, §21 (NEW).]
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; [2015, c. 429, §21 (NEW).]
C. The date on which the prescription was written; [2015, c. 429, §21 (NEW).]
D. A description of the work to be done, with diagrams if necessary; [2015, c. 429, §21 (NEW).]
E. A specification of the type and quality of materials to be used; and [2015, c. 429, §21 (NEW).]
F. The signature of the dentist and the number of the dentist's state license. [2015, c. 429, §21 (NEW).]
The dentist shall retain for 2 years a duplicate copy of all prescriptions issued pursuant to this subsection for inspection by the board.
[ 2015, c. 429, §21 (NEW) .]
SECTION HISTORY
2015, c. 429, §21 (NEW). 2017, c. 288, Pt. A, §35 (AMD).