An Act To Provide Self-regulation for Registered Dental Hygienists
Maine Legislature, Session 121, LD 1390
Committee: Business, Research and Economic Development
Sponsors: YOUNGBLOOD, SULLIVAN, BROMLEY, PENDLETON, CHURCHILL, ROGERS
Amends: 5 MRSA §12004-A, 32 MRSA §1530, 13 MRSA §732, 32 MRSA §1072, 32 MRSA §1092, 32 MRSA §1100, 32 MRSA §9854

Legislative Document 
No. 1390 
S.P.460 
In Senate, March 19, 2003 
An Act To Provide Self-regulation for Registered Dental Hygienists 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator YOUNGBLOOD of Penobscot. 
Cosponsored by Representative SULLIVAN of Biddeford and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, PENDLETON of Cumberland, Representatives: 
CHURCHILL of Orland, ROGERS of Brewer. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-A, sub-§10-A is enacted to read: 
10-A. 
Board of 
Licensure of Dental 
Hygienists 
Legislative 
Per Diem 
Secretary-
MRSA §1530l 
Treasurer, 
as determined 
by board 
Sec. 2. 13 MRSA §732, sub-§5 is enacted to read: 
5. Dentists and dental hygienists. 
For the purposes of this 
chapter. a dental hygienist licensed under Title 32. chapter 135 
may organize with a dentist who is licensed under Title 32. 
chapter 16 and may become a shareholder of a dental practice 
incorporated under the corporation laws. 
At no time maya dental 
hygienist or dental hygienists in sum have an egual or greater 
ownership interest in a dental practice than the dentist or 
dentists have in that practice. 
Sec. 3. 32 MRSA c. 16 is amended by repealing the chapter 
headnote and enacting the following in its place: 
CHAPTER 16 
DENTISTS 
Sec. 4. 32MRSA§1071,first" as amended by PL 2001, c. 260, 
Pt. B, §l, is further amended to read: 
The 
Board of Dental Examiners, 
established by Title 
5, 
section l2004-A, subsection 10, and in this chapter called the 
"board," consists of -g- 2 members, appointed by the Governor as 
follows: 
five members 
of the dental profession, 
9ae--aeata* 
hy~ieais~T one denturist and one representative of the public. 
Sec. 5. 32 MRSA § 1071, sub-§3, as amended by PL 1993, c . 600, 
Pt. A, §56, is repealed. 
Sec. 6. 32 MRSA §1072, first" as repealed and replaced by PL 
1993, c. 600, Pt. A, §57, is amended to read: 
At its annual meeting, the board shall elect from among its 
members a president, a vice-president and a secretary-treasurer. 
J!:ive ~ 
members constitute a quorum. 
The board shall have a 
common seal. 
At a time and place to be fixed by the board, the 
board shall hold at least one regular meeting each year and 
special 
meetings 
as 
necessary. 
The 
board 
may 
recognize 
Page l-LR1269(1) 
nationally or regionally administered examinations given at least 
annually for applicants to practice dentistry in the State. 
The 
board may make rules, not contrary to law, necessary for the 
performance of its duties. 
On or before August 1st, the board 
shall 
annually 
make 
a 
report 
of 
its 
proceedings 
to 
the 
Commissioner 
of 
Professional 
and 
Financial 
Regulation. 
The 
secretary-treasurer of 
the 
board shall 
keep 
records 
of all 
proceedings of the board and be the custodian of these records. 
Records 
that constitute 
and 
are 
recognized 
as 
the official 
records of the board must be open for public inspection at 
reasonable times. 
Sec. 7. 32 MRSA §1092, as amended by PL 1993, c. 600, Pt. A, 
§73, is further amended to read: 
§1092. 
Un1awfu1 practice 
Whoever practices dentistry without obtaining a license, or 
whoever practices dentistry under a false or assumed name, or 
under the license of another person of the same name, or under 
the name of a corporation, company, association, parlor or trade 
name, 
or 
whoever, 
being 
manager, 
proprietor, 
operator 
or 
conductor of a place for performing dental operations, employs a 
person who is not a lawful practitioner of dentistry of this 
State to do dental operations as defined in section 1081, or 
permits 
persons to practice dentistry under a false name, or 
assumes a title or appends or prefixes to that person's name the 
letters that falsely represent the person as having a degree from 
a dental college, or who impersonates another at an examination 
held by the board, or who knowingly makes a false application or 
false 
representation in connection with 
the 
examinationT--eF 
wReeveF-pFae~iee6-a6-~~~~~~~~~~~~-a-lieea6eT 
eF-~--empley6-~-pe~6eR-~&-~~a~a~-~~~--wRe-~~-aet 
lieeasea-te-pFaetiee commits a Class E crime. 
Sec. 8. 32 MRSA c.16, sub-c. 4, as amended, is repealed. 
Sec. 9. 32 MRSA §1100·A, as amended by PL 1993, c. 600, Pte 
A, §87, is further amended to read: 
§1100-A. 
Definition 
Duties of dental auxiliaries other than dental hygienists 
must be defined and governed by the rules of the Board of Dental 
Examiners. 
Dental auxiliaries include, but are not limited to, 
aea~al---ay~ieai6~6T 
dental 
assistants, 
dental 
laboratory 
technicians and denturists. 
Sec. 10. 32 MRSA §1100·J, sub-§3, ,A, as enacted by PL 1983, c. 
331, §2, is amended to read: 
A. 
Dental hygienists licensed pursuant to 
6RBeRap£e~--IV 
chapter 135; 
Sec. 11. 32 MRSA §9854, sub-§3, 1JA, as enac ted by PL 1983, c . 
524, is amended to read: 
A. 
A dental hygienist licensed under chapter 19T-6RBeRap~eF 
IV l..l5.; 
Sec. 12. 32 MRSA c.135 is enacted to read: 
CHAPTER 135 
BOAJm OF LICEIISJJRE OF DER".l'AL HYGIEliISTS 
§15301. 
MrPhership: ~intment: vacancies: removal: 
nominations: cOJIPensation 
The Board of Licensure of Dental Hygienists, established by 
Title 5, section l2004-A, subsection 10-A and in this chapter 
called "the board," consists of 
members. 
appointed by the 
Governor 
as 
follows: 
four 
members 
of 
the 
dental hygienist 
profession and one representative of the public. 
1. 
M¢pbprship. 
A person who 
has been convicted of 
a 
violation of the provisions of this chapter or who 
has been 
convicted 
of 
a 
crime 
punishable 
by 
more 
than 
one 
year's 
imprisonment is not eligible for appointment to the board. The 
Governor may remove a member of the board on proven charges of 
inefficiency, incompetence, immorality or unprofessional conduct. 
2. 
Dental 
hygienists. 
In 
order 
to 
be 
eligible 
for 
appointment to the board, a dental hygienist must be qualified 
pursuant to section 15308, must be a legal resident of the State 
and must have practiced in the State for at least 6 years 
immediately 
preceding 
appointment. 
The 
term 
of 
a 
dental 
hygienist on the board is 5 years. 
The 
Governor may accept 
nominations from the Maine Dental Hygienists Association and from 
other organizations and individuals before the appointment of a 
dental hygienist to the board. 
3. 
Public pember. 
The public member 
of the board is 
appointed to a 5-year term. 
4. 
Compensation. The members of the board are entitled to 
compensation according to the 
prov~s~ons of Title 5. 
chapter 
379. 
Expenses of the board members must be certified by the 
secretary-treasurer of the board. 
S15302. 
ElectioDs: gyorum: reports: records: secreta~-
treasurer: eqenses 
At its annual meeting, the board shall elect from among its 
members a president, a vice president and a secretary-treasurer. 
Three members constitute a guorum. 
The board shall have a cornmon 
seal. 
At a time and place to be fixed by the board, the board 
shall hold at least one regular meeting each year and special 
meetings as necessary. 
The board may recognize nationally or 
regionally administered examinations given in the United States 
or Canada at least annually for applicants to practice as dental 
hygienists in the State. 
The board may make rules, not contrary 
to law, 
necessary for the performance of its duties. 
On or 
before August 1st, the board shall annually make a report of its 
proceedings to the Commissioner of Professional and financial 
Regulation. 
The secretary-treasurer of the board shall keep 
records of all proceedings of the board and be the custodian of 
these records. 
Records that constitute and are recognized as the 
official records of the board must be open for public inspection 
at reasonable times. 
The secretary-treasurer of the board shall collect all fees, 
charges and assessments payable to the board and account for and 
pay them according to law. 
The secretary-treasurer is entitled 
to receive an annual salary, to be fixed by the board, in lieu of 
per diem compensation. 
The secretary-treasurer is entitled to 
necessary expenses incurred in the discharge of official duties, 
including clerical 
and 
stenographic assistance, 
printing 
and 
postage. 
The allowance for expenses must be certified by the 
president of the board. 
§15303. 
Powers 
The board may: 
1. 
Employees and offices; funds. 
Employ persons to assist 
in carrying out its duties in the administration and enforcement 
of this chapter: provide off ices, furniture, fixtures, supplies 
or printing: and expend funds as determined necessary: 
2. 
Rules. 
Adopt 
rules 
in 
accordance 
with 
the 
Maine 
Administratiye 
Procedure 
Act 
that 
are 
necessary 
for 
the 
implementation of this chapter. 
Rules 
adopted by the board 
pursuant to this chapter are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
The rules may include, 
but 
need 
not 
be 
limited 
to, 
reguirements 
for 
licensure, 
interviews 
for 
licensing 
and 
renewal, 
continuing 
education, 
inactive licensure status, use of local anesthesia, application 
fees, licensing and endorsement fees and fees for providing a 
list of addresses of licensed professionals upon reguest: 
3. 
False advertising. 
Establish rules relating to false, 
deceptive or misleading advertising, except that no rules may be 
inconsistent with any rule adopted pursuant to Title 5, section 
207, subsection 2; and 
4. 
Protocols for professional review committee. 
Establish 
protocols for the operation of a professional review committee as 
defined in Title 24, section 2502, subsection 4-A. 
The protocols 
must include the committee's reporting information the board 
considers appropriate regarding reports received, contracts or 
investigations made and the disposition of each report, except 
that the committee is not required to disclose any personally 
identifiable information. 
The protocols may 
not prohibit an 
impaired dental hygienist 
from 
seeking alternative 
forms 
of 
treatment. 
§15304. 
Liaison: limitations 
On or before August 1st of each year, the board shall submit 
to the Commissioner of Professional and Financial Regulation, for 
the preceding fiscal year ending June 30th, an annual report of 
its operations and financial position, together with comments and 
recommendations the board considers essential. 
The Commissioner of Professional and Financial Regulation 
shall act as a liaison between the board and the Governor. 
The Commissioner of Professional and Financial Regulation 
may not exercise or interfere with the exercise of discretionary, 
regulatory or licensing authority granted by law to the board. 
The commissioner may require the board to be accessible to the 
public for complaints and questions during regular business hours 
and to provide any information the commissioner requires in order 
to ensure that the board is operating administratively within~ 
requirements of this chapter. 
§15305. 
Budget 
The board shall submit to the Commissioner of Professional 
and Financial Regulation its budgetary requirements in the same 
manner 
as 
is 
provided 
in Title 
5, 
section 
1665, 
and 
the 
commissioner shall in turn transmit these requirements to the 
Department of Administratiye and Financial Services, Bureau of 
the Budget without any revision, alteration or change, unless 
alterations are mutually agreed upon by the department and the 
board or the board's designee. 
The budget submitted by the board 
to the commissioner must be sufficient to enable the board to 
comply with this chapter. 
§15306. 
Disciplinaxy actions 
1. 
Disciplinary proceedings and sanctions. 
The board, on 
its own motion or upon receipt of a written complaint filed with 
the board, shall investigate a complaint regarding noncompliance 
with or violation of this chapter or of rules adopted by the 
board. 
The board shall notify a 
licensee under this chapter of the 
content of a complaint filed against the licensee as soon as 
possible 
but 
no 
later 
than 
days 
from 
receipt 
of 
the 
complaint. 
The licensee shall respond within 30 days. 
If the 
licensee's response to the complaint satisfies the board that the 
complaint does not merit further investigation or action, the 
matter may be dismissed, with notice of the dismissal to the 
complainant, if any. 
If, 
in the opinion of the board, 
the factual basis of the 
complaint is or may be true and the complaint is of sufficient 
gravity to warrant further action, 
the board may 
request an 
informal conference with the licensee. The board shall provide 
the licensee with adequate notice of the conference and of the 
issues to be discussed. 
The 
conference must be conducted in 
executive session of the board, pursuant to Title 1, section 405, 
unless otherwise requested by the licensee. Statements made at 
the conference may not be introduced at a 
subsequent formal 
hearing unless all parties consent. 
If the board finds that the factual basis of the complaint is 
true and is of sufficient gravity to warrant further action, it 
may take any of the following actions it considers appropriate: 
A. 
With the consent of the 1 icensee, enter into a consent 
agreement that fixes the period and terms of probation best 
adapted to protect the public health and safety and to 
rehabilitate or educate the licensee. A consent agreement 
may 
be 
used 
to 
terminate 
a 
complaint 
investigation if 
entered into by the board, the licensee and the Office of 
the Attorney General; or 
B. 
In consideration for acceptance of a voluntary surrender 
of the license if a 
consent agreement is signed by the 
board, the licensee and the Office of the Attorney General, 
negotiate stipulations, including terms and conditions for 
reinstatement, that ensure protection of the public health 
and safety and that serve to rehabilitate or educate the 
licensee. 
If the board concludes that modification or nonrenewal of the 
license is in order, the board shall hold an adjudicatory hearing 
in accordance with the provisions of Title 5, 
chapter 
375, 
subchapter 4. 
If the board concludes that suspension or revocation of the 
license is in order, the board shall file a 
complaint in the 
District Court in accordance with Title 4, chapter 5. 
2. 
Grounds for discipline. 
The board may suspend or revoke 
a license pursuant to Title 5, section 10004. 
The following are 
grounds for an action to refuse to issue, modify. suspend, revoke 
or refuse to renew the license of a person licensed under this 
chapter: 
A. 
The practice of fraud or deceit in obtaining a license 
under this chapter or in connection with service rendered 
within the scope of the license issued; 
B. 
Habitual 
substance 
abuse 
that 
has 
resulted 
or 
is 
foreseeably likely to result in the licensee's performing 
services in a manner that endangers the health or safety of 
patients; 
C. 
A 
professional 
diagnosis 
of 
a 
mental 
or 
physical 
condition that has resulted or may result in the licensee's 
performing services in a manner that endangers the health or 
safety of patients; 
D. 
Aiding or abetting the practice of a dental profession 
by an individual who is not licensed under this chapter and 
who claims to be legally licensed; 
E. 
Incompetence in the practice for which the licensee is 
licensed. 
A 
licensee 
under 
this 
chapter 
is 
considered 
incompetent if the licensee has: 
(1) 
Engaged 
in 
conduct 
that 
evidences 
a 
lack 
of 
ability or fitness to perform the duties owed by the 
licensee to a client or patient or the general publici 
.21:. 
(2) 
Engaged 
in 
conduct 
that 
evidences 
a 
lack 
of 
knowledge or inability to apply principles or skills to 
practice as a dental hygienist; 
F. 
Unprofessional conduct. 
A licensee is considered to 
have 
engaged 
in unprofessional 
conduct if the 
licensee 
violates a standard of professional behavior that has been 
established in the practice of dental hygiene; 
G. 
Subject to the limitations of Title 5, chapter 341, 
conviction of a 
crime that involves dishonesty or false 
statement or that relates directly to the practice of dental 
hygiene, or conviction of a crime for which incarceration 
for one year or more may be imposed: 
H. 
A violation of this chapter or a rule adopted by the 
board: or 
I. 
Engaging in false, misleading or deceptive advertising. 
§15307. 
Practice 
The dental hygienist may perform duties as defined and set 
forth in the rules of the board, except that nothing in this 
chapter may be construed to affect the practice of medicine or 
dentistry or to prevent students of a dental college, university 
or school of dental hygiene from practicing dental hygiene under 
the supervision of their instructors. 
§15308. 
Qualifications 
A person 18 years of age or over who 
has successfully 
completed 2 years' training in a school of dental hygiene in a 
program approved by the Commission on Dental Accreditation or its 
successor organization, or who is a full-time dental student who 
has satisfactorily completed at least half of the prescribed 
course of study in an accredited dental college but who has not 
graduated 
from 
a 
dental 
college 
is 
eligible 
to 
apply 
for 
examination. 
§15309. 
Application: fee 
An eligible person desiring to practice dental hygiene must 
make written application to the board to take the examination. 
The application must be accompanied by a fee to be determined by 
the board. 
Applicants for licensure shall pay a fee set by the 
board for the examination. 
The board may recognize a nationally 
or regionally administered examination for applicants to practice 
dental hygiene in the State. 
§15310. 
License: biennial fee 
The board shall issue a license to practice as a dental 
hygienist 
in this State to 
an 
individual 
who 
has 
met 
the 
licensure requirements under this chapter. 
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 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 
must 
be 
reinstated 
upon 
payment 
of 
a 
fee 
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. 
The board may issue temporary licenses to dental hygienists 
who present credentials satisfactory to the board. 
The board may 
charge a fee of up to $25 for a temporary license. 
S15311. 
Fee for duplicate license 
An applicant for a duplicate license granted upon proof of 
;oss of the original shall pay a fee of $15. 
Sl53l2. 
Continuing education 
As a condition of renewal of a license to practice, a dental 
hygienist must submit evidence of successful completion of 30 
hours 
of 
continuing 
education 
consisting 
of 
board-approved 
courses in the 2 years preceding the application for renewal. 
S153l3. 
Endorsement 
The board may at its discretion, without examination, issue 
a 
license 
to 
an 
applicant 
to 
practice 
dental 
hygiene 
who 
furnishes 
proof 
satisfactory 
to 
the 
board 
that 
the 
dental 
hygienist has been duly licensed to practice in another state 
after full compliance with the requirements of its dental laws, 
except that the professional education may not be less than is 
required in this State. 
The 
board 
may 
require letters of 
reference as to ability. 
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. 
Every license so given must state upon its face that 
it was granted on the basis of endorsement. 
The fee for that 
license must be determined by the board. 
S153l4. 
Use of former employers' lists; sCQPe of duties 
A dental hygienist may not use or attempt to use in any 
manner whatsoever any prophylactic lists, call lists, records, 
reprints or copies of 
those lists, 
records or reprints, 
or 
information gathered 
from 
those materials, 
of 
the 
names 
of 
patients whom the hygienist might have served in the office of a 
prior employer, unless these names appear on the bona fide call 
or prophylactic list of the present employer and were caused to 
so 
appear 
through 
the 
legitimate 
practice 
of 
dentistry 
as 
provided for in chapter 16. 
A dentist may not aid or abet or 
encourage a dental hygienist in the dentist's employ to make use 
of a so called prophylactic call list, or to call by telephone or 
to use written letters transmitted through the mails to solicit 
patronage 
from patients formerly served in the office of 
a 
dentist formerly employing the hygienist. 
§15315. 
Unlawful practice 
Whoever practices as a dental hygienist without obtaining a 
license or under a false or assumed name, under the license of 
another 
person 
of 
the 
Same 
name 
or 
under 
the 
name 
of 
a 
corporation, 
company, 
association, 
parlor or trade 
name; 
who 
impersonates another at an examination held by the board; or who 
knowingly makes a false application or false representation in 
connection with an examination and whoever employs a person as a 
dental hygienist who is not licensed to practice commits a Class 
E crime. 
§153l6. 
Penalty 
A person who violates a provision of this chapter for the 
violation of which a penalty has not been prescribed commits a 
civil violation for which a forfeiture of not more than $1. 000 
may be adjudged. 
SUMMARY 
This bill establishes the Board of Licensure of Dental 
Hygienists 
and 
transfers 
jurisdiction 
for 
licensing 
and 
regulation 
of 
dental 
hygienists 
from 
the 
Board 
of 
Dental 
Examiners to the Board of Licensure of Dental Hygienists. 
The 
bill also establishes membership, procedures and powers of the 
new board, as well as qualifications, disciplinary procedures, 
licensure, continuing education and other requirements for dental 
hygienists who will be licensed by the new board. 
The bill also 
includes 
a 
prOV1Slon authorizing dental hygienists to become 
shareholders in dental practices up to a 49~ ownership interest.