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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 45
S.P. 314 - L.D. 906

An Act To Amend the Laws Regarding the Licensure of Dentists, Dental Hygienists and Denturists

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 32 MRSA §1074, as amended by PL 1993, c. 600, Pt. A, §60, is further amended to read:

§1074.   Affiliation with American Association of Dental Examiners

     The board may affiliate with the American Association of Dental Examiners or its successor as an active member and pay regular dues to that association and may send one or more delegates to the meetings of the American Association of Dental Examiners or its successor. These delegates are entitled to receive compensation provided for in section 1071.

     Sec. 2. 32 MRSA §1085, as amended by PL 2003, c. 669, §6, is further amended to read:

§1085. Endorsement; fees

     The board is authorized, at its discretion, without the examination as provided, to issue a license to an applicant who furnishes proof, satisfactory to the board, that the applicant has been licensed to practice dentistry in another state or a Canadian province after full compliance with the requirements of its dental laws. If an applicant is licensed to practice dentistry in another state or a Canadian province, that applicant's professional education may not be less than is required in this State and the applicant must have been at least 3 years in actual practice in the state or Canadian province in which the license was granted. Applicants for licensure by endorsement who meet the requirements of this section must be interviewed in person by the board or members of the board, prior to being issued a license. The personal interview may be waived at the board's discretion based upon proof of overseas military deployment; however, the applicant shall submit to an interview by telephone or the equivalent as determined by the board. Every license of this type issued by the board must state upon its face the grounds upon which it is issued and the applicant may be required to furnish proof upon affidavit. The fee for the license is determined by the board, but may not be more than $550.

     Sec. 3. 32 MRSA §1089, as amended by PL 1993, c. 600, Pt. A, §71 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

§1089. Drugs and dental procedure

     A dentist has the right to may prescribe drugs or medicines, perform surgical operations, administer general and local anesthetics and use appliances as may be necessary for proper dental treatment. A dentist may also, with the appropriate permit issued by the board, administer general anesthetics and conscious sedation. A dentist is authorized to 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 general or local anesthetics. 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.

     Sec. 4. 32 MRSA §1098, first ¶, as amended by PL 2003, c. 669, §8, is further amended to read:

     The board shall issue a license to practice as a dental hygienist in this State to an individual who has met the licensure requirements. The license must be exhibited publicly at the person's place of employment. The license authorizes practice as a dental hygienist in this State for the year in which it is issued until the expiration date that appears on the license. On or before January 1st of each odd-numbered year, the dental hygienist must pay to the board a license renewal fee of not more than $175 to be determined by the board or 1/2 of the biennial licensure fee if the applicant applies in an even-numbered year. Dental hygienists who have not paid as provided the renewal fee on or before January 1st must be reinstated upon payment of a late fee of not more than $50 to be determined by the board if paid before February 1st of the year in which license renewal is due. Failure to be properly licensed by February 1st results in automatic suspension of a license to practice dental hygiene. Reinstatement may be made, if approved by the board, by payment to the secretary-treasurer of the board of a fee determined by the board of not more than $175. A new applicant who has paid the application fee shall pay the biennial licensure fee if the applicant applies in an odd-numbered year or half the biennial licensure fee if the applicant applies in an even-numbered year.

     Sec. 5. 32 MRSA §1100-C, sub-§5, as enacted by PL 1995, c. 590, §5, is repealed.

     Sec. 6. 32 MRSA §1100-E, sub-§3, as amended by PL 2003, c. 669, §13, is further amended to read:

     3. Renewal; renewal fee. After a license has been issued under subsection 2, and on or before January 1st of odd-numbered years, a denturist must pay to the board a license renewal fee of not more than $175 to be determined by the board in order to renew the license and to continue to be authorized to practice as a denturist in the State or 1/2 the biennial licensure fee if application is made in an even-numbered year.

After the requirements for a license renewal, including any necessary continuing education, have been met, a renewal card of the denturist's license must be issued, which the denturist shall place beside or attach to the denturist's initial license. Denturists who have not paid as provided by the renewal fee on or before January 1st must be reinstated upon payment of a late fee, to be determined by the board, of not more than $50 if paid by February 1st. A license to practice is automatically suspended on February 1st and may be reinstated, if approved by the board, on payment of a fee to be determined by the board of not more than $175. A new applicant who has paid the application fee shall pay the biennial licensure fee if the applicant applies in an odd-numbered year or 1/2 the biennial licensure fee if the applicant applies in an even-numbered year.

Effective September 17, 2005.

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