An Act To Implement the Recommendations of the Board of Dental Practice
Sec. 1. 32 MRSA §18302, sub-§§2 and 3, as enacted by PL 2015, c. 429, §21, are repealed.
Sec. 2. 32 MRSA §18302, sub-§11, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 3. 32 MRSA §18302, sub-§15, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 4. 32 MRSA §18305, sub-§2, ¶J, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 5. 32 MRSA §18305, sub-§2, ¶K, as enacted by PL 2015, c. 429, §21, is repealed.
Sec. 6. 32 MRSA §18342, sub-§§4 and 5, as enacted by PL 2015, c. 429, §21, are repealed.
Sec. 7. 32 MRSA §18345, sub-§1, ¶A, as enacted by PL 2015, c. 429, §21, is amended to read:
(1) Verification of an associate degree or higher in dental hygiene from a school program accredited by the American Dental Association Commission on Dental Accreditation, or its successor organization; or
(2) Verification of having completed at least 1/2 of the prescribed course of study in an accredited dental college as a dental student.
Sec. 8. 32 MRSA §18348, sub-§1, as enacted by PL 2015, c. 429, §21, is repealed.
Sec. 9. 32 MRSA §18348, sub-§4, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 10. 32 MRSA §18351, 2nd ¶, as enacted by PL 2015, c. 429, §21, is amended to read:
An individual who practices under a clinical dentist educator license, a charitable dentist license or a resident dentist license or as a provisional dental hygiene therapist may not apply for inactive status.
Sec. 11. 32 MRSA §18371, sub-§1, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 12. 32 MRSA §18371, sub-§2, ¶¶A and B, as enacted by PL 2015, c. 429, §21, are repealed.
Sec. 13. 32 MRSA §18371, sub-§3, ¶¶A and C, as enacted by PL 2015, c. 429, §21, are amended to read:
(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 is promptly notified that 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 Obtaining 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.
(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 pulp 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 Obtaining impressions for opposing models and retainers;
(26) Taking Obtaining 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.
Sec. 14. 32 MRSA §18372, sub-§1, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 15. 32 MRSA §18373, sub-§§1 and 2, as enacted by PL 2015, c. 429, §21, are amended to read:
(1) Has ordered the cavity liner or base;
(2) Has checked the cavity liner or base prior to the placement of the restoration; and
(3) Has checked the final restoration prior to patient dismissal;
Sec. 16. 32 MRSA §18374, sub-§1, ¶F, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 17. 32 MRSA §18374, sub-§2, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 18. 32 MRSA §18375, sub-§1, ¶K, as enacted by PL 2015, c. 429, §21, is repealed.
Sec. 19. 32 MRSA §18375, sub-§1, ¶L, as enacted by PL 2015, c. 429, §21, is amended to read:
Sec. 20. 32 MRSA §18376, sub-§1, ¶H, as enacted by PL 2015, c. 429, §21, is repealed.
Sec. 21. 32 MRSA §18376, sub-§1, ¶¶U and FF, as enacted by PL 2015, c. 429, §21, are amended to read:
Sec. 22. 32 MRSA §18378, sub-§1, ¶A, as enacted by PL 2015, c. 429, §21, is amended to read:
SUMMARY
This bill is reported out by the Joint Standing Committee on Labor, Commerce, Research and Economic Development pursuant to Public Law 2015, chapter 429, section 25. The bill contains the recommendations of the Board of Dental Practice for amending the laws governing the scopes of practice of dental practitioners, dental practice settings, dental services delivery models and other aspects of dental practice.
The Joint Standing Committee on Labor, Commerce, Research and Economic Development has not taken a position on the substance of the bill, and by reporting out this bill the committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of the recommendations included in the report from the Board of Dental Practice. The committee is reporting the bill out for the sole purpose of turning the Board of Dental Practice's recommendations into a printed bill that can be referred to the committee for an appropriate public hearing and subsequent processing in the normal course. The committee is taking this action to ensure clarity and transparency in the legislative review of the board's recommendations for amending the Dental Practice Act.
The bill makes the following changes to the Dental Practice Act.
1. It eliminates the charitable dentist and clinical dentist educator license categories.
2. It authorizes a student enrolled in a board-approved dental radiography program to practice under the supervision of the student's instructors without first obtaining a license from the Board of Dental Practice.
3. It eliminates the requirement that dental or denturist student externs register with the Board of Dental Practice.
4. It creates a new denturist trainee registration category for individuals who have completed the educational requirements for licensure as a denturist but who wish to practice under the supervision of a dentist or a denturist prior to obtaining a denturist license.
5. It authorizes independent practice dental hygienists to supervise dental radiographers.
6. It streamlines the scope of practice provisions for expanded function dental assistants and dental hygienists by clarifying that these licensees may perform the activities that a dentist may delegate to a supervised unlicensed individual.
7. It authorizes dental hygienists and faculty dental hygienists to apply sealants under the general supervision of a dentist without requiring that a dentist first make the determination and diagnosis as to the surfaces on which the sealants should be applied.
8. It makes technical changes and removes antiquated language.