Public Laws

123rd Legislature

Second Regular Session


Parts: A B C D

Chapter 620

H.P. 1643 - L.D. 2277

PART C

Sec. C-1. 32 MRSA §1062-A, sub-§1,  as corrected by RR 1995, c. 2, §79, is amended to read:

1. Penalties.   A person who practices or falsely claims legal authority to practice dentistry, dental hygiene, independent practice dental hygiene, denturism or dental radiography in this State without first obtaining a license as required by this chapter, or after the license has expired, has been suspended or revoked or has been temporarily suspended or revoked, commits a Class E crime.

Sec. C-2. 32 MRSA §1081, sub-§2, ¶E,  as amended by PL 1993, c. 600, Pt. A, §63, is further amended to read:

E. The filling of prescriptions of a licensed dentist 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

Sec. C-3. 32 MRSA §1081, sub-§2, ¶G,  as amended by PL 1993, c. 600, Pt. A, §63, is further amended to read:

G. The taking of impressions by dental hygienists , independent practice dental hygienists or dental assistants for study purposes only . ; and

Sec. C-4. 32 MRSA §1081, sub-§2, ¶H  is enacted to read:

H Practice by an independent practice dental hygienist pursuant to subchapter 3-B.

Sec. C-5. 32 MRSA §1081, sub-§3,  as amended by PL 2007, c. 210, §2, is further amended to read:

3. Proprietor.   The term proprietor, as used in this chapter, includes a person who:
A.  Employs dentists or dental hygienists, independent practice dental hygienists, denturists or other dental auxiliaries in the operation of a dental office;
B.  Places in possession of a dentist or a dental hygienist , independent practice dental hygienist or other dental auxiliary or other agent dental material or equipment that may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of that material, equipment or office; or
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 , independent practice 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 and independent practice dental hygienists, or the legal guardian or personal representative of a deceased or incapacitated dentist, pursuant to the provisions of Title 13, section 732.

Sec. C-6. 32 MRSA §1081, sub-§6  is enacted to read:

6 Dental hygienist.   "Dental hygienist" or "independent practice dental hygienist," as used in this chapter, means a dental auxiliary licensed pursuant to subchapter 3-B or 4 who delivers preventive and educational services for the control of oral disease and the promotion of oral health within the scope of practice authorized by the person's license.

Sec. C-7. 32 MRSA §1092, sub-§1, ¶J,  as enacted by PL 2003, c. 452, Pt. R, §1 and affected by Pt. X, §2, is amended to read:

J. Practice as a dental hygienist or independent practice dental hygienist without having a license to do so; or

Sec. C-8. 32 MRSA §1092, sub-§1, ¶K,  as enacted by PL 2003, c. 452, Pt. R, §1 and affected by Pt. X, §2, is amended to read:

K.  Employ a person as a dental hygienist or independent practice dental hygienist who is not licensed to practice.

Sec. C-9. 32 MRSA §1094-D,  as enacted by PL 2005, c. 322, §1, is amended to read:

§ 1094-D.  Definitions

As used in this subchapter, unless the context otherwise indicates, "expanded function dental assistant" means an individual who holds a current valid certification under this subchapter to perform reversible intraoral procedures 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 or , dental hygienists or independent practice dental hygienists.

Sec. C-10. 32 MRSA §1100-A,  as amended by PL 2005, c. 322, §2, is further amended to read:

§ 1100-A.  Definition

Duties of dental auxiliaries other than dental hygienists and expanded function dental assistants 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 assistants, dental laboratory technicians and denturists.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333