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An Act Concerning the Practice of a Deceased or Incapacitated Dentist
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  in order to ensure a smooth transition for patients, staff and family members of a dentist practicing dentistry who becomes disabled or dies and to avoid the interruption of patient care and complete cessation of a dental practice, certain changes in law must be put into effect as soon as possible; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  13 MRSA §732, sub-§5  is enacted to read:
5.  Legal guardian or personal representative of deceased or incapacitated dentist.   For the purposes of this chapter, the legal guardian or personal representative of a dentist licensed under Title 32, chapter 16 may contract with another dentist to continue the operations of the practice of the deceased or incapacitated dentist for a period of up to 24 months after the death or incapacitation of the dentist or until the practice is sold, whichever occurs first. For purposes of this subsection, "personal representative" has the same meaning as in Title 18-A, section 1-201, subsection 30.
Sec. 2. 32 MRSA §1081, sub-§3, ¶C, as corrected by RR 2001, c. 2, Pt. C, §6 and affected by §7, is amended to read:
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, with the exception of licensed denturists, or the legal guardian or personal representative of a deceased or incapacitated dentist, pursuant to the provisions of Title 13, section 732.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
Effective June 4, 2007.