An Act To Amend the Laws Pertaining to Denturists
Maine Legislature, Session 121, LD 1092
Committee: Business, Research and Economic Development
Sponsors: STANLEY
Amends: 5 MRSA §12004-A, 32 MRSA §15331, 13 MRSA §732, 32 MRSA §1071, 32 MRSA §1100-A

Legislative Document 
No. 1092 
S.P.364 
In Senate, March 4, 2003 
An Act To Amend the Laws Pertaining to Denturists 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator STANLEY of Penobscot. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
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: 
IO-A. 
Board of 
Denturists 
Legislative 
Per Diem 
Secretary-
Treasurer as 
determined by 
board 
MRSA §15331 
Sec. 2. 13 MRSA §732. sub-§4, as enacted by PL 200L c. 640, 
Pt. B, §2 and affected by §7, is amended to read: 
4. 
Dentists and denturists. 
For 
the purposes 
of this 
chapter, a denturist licensed under Title 32, chapter 19 137 may 
organize with a dentist who is licensed under Title 32, chapter 
and may become a shareholder of a dental practice incorporated 
under the corporation laws. 
At 
no 
time may 
a 
denturist or 
denturists in sum have an equal or greater ownership interest in 
a 
dental practice than the dentist or dentists have in that 
practice. 
Sec. 3. 32 MRSA §1071. sub-§3-A, as enacted by PL 2001, c. 
260, Pt. B, §2, is amended to read: 
3-A. 
Denturist. 
The denturist must be qualified pursuant 
to syaehap-w-F--VI chapter 137, must be a legal resident of the 
State 
and 
for 
appointments 
made 
after January 
1, 
2006, 
the 
denturist must have practiced in the State for at least 6 years 
immediately preceding appointment. 
The denturist member of the 
board is a full-voting member of the board. 
The term of the 
denturist is 5 years. 
A denturist is not eligible to serve as 
~ 
member of the board while employed by a dentist who is a member 
of the board. 
Sec. 4. 32 MRSA §1100-A, as amended by PL 1993, c. 600, Pt. 
A, §87, is further amended to read: 
SIIOO-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, 
dental 
hygienists, 
dental 
assistantS T 
and 
dental 
laboratory 
technicians aRS-SeR~YFists. 
Sec. 5. 32 MRSA c. 16. sub-c. 6, as amended, is repealed. 
Sec. 6. 32 MRSA c. 137 is enacted to read: 
CBAPTER137 
DEN".L'URISTS 
SUBCHAPTER 1 
BOARD OF DENTQRISTS 
§15331. Membership: appointment: vacancies: removal: 
nominations; compensation 
The Board of Denturists, established by Title 5, 
section 
12004-A, subsection 10-A, and referred to in this chapter as "the 
board," consists of 3 members who are denturists, appointed by 
the Governor. 
1. 
Membership. A person is not eligible for appointment to 
the board who has been convicted of a violation of the provisions 
of this chapter or any other prior denturism practice laws, or 
who has been convicted of a crime punishable by more than one 
year's imprisonment. 
A person is not eligible for appointment to 
the board who has served 10 years or more on a dental examining 
board in this State. 
Appointment of members must comply with 
section 60. 
The Governor may remove a member of the board on 
proven 
charges 
of 
inefficiency, 
incompetence, 
immorality 
or 
unprofessional conduct. 
2. 
Members. 
A 
member 
must 
be 
a 
qualified 
denturist 
pursuant to subchapter 2 , must be a legal resident of the State 
and, 
for 
appointments 
made after January 1, 
2006, 
must have 
practiced in the State for at least 6 years 
irnrnediatel~T preceding 
appointment. 
The term of a member is 5 years. 
3. 
Compensation. The members of the board are entitled to 
compensation according to the provisions of Title 5, 
chapter 
379. 
Expenses of the board members must be certified by the 
secretary-treasurer of the board. 
§15332. Elections; quorum; reports: records: treasurer; expenses 
At its annual meeting, the board shall elect from among its 
members a president, a vice-president and a secretary-treasurer. 
Two members constitute a 
<;luorum. 
The board may 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 nationally or 
regionally administered examinations given at least annually fOI 
applicants to practice denturism 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 enti tlec1 
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 t 
including clerical 
and 
stenographic 
assistance, 
printing 
and 
postage. 
The allowance for expenses must be certified by the 
president of the board. 
SI5333. 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 offices, furniture, fixtures, supplies 
or printing; and expend funds as determined necessary; 
2. 
Rules. 
Adopt 
rules 
that 
are 
necessary 
for 
the 
implementation of this chapter. 
The rules may include, but need 
not be limited to, requirements for licensure, interviewsfQl 
licensing and renewal t 
continuing education, inactive licensure 
status, 
statement 
of 
oral 
conditions, 
record 
retention 
and 
prelicensure permits. 
Rules adopted pursuant to this subsection 
are major substantive rules pursuant to Title 5, chapter 37S t 
subchapter 2-A; 
3. 
False advertising. 
Adopt 
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 conmittee. 
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 denturist from seeking alternative forms of treatment. 
• 
§15334. 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 the 
requirements of this chapter. 
§15335. 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 
Bureau of the Budget without any revision, alteration or change, 
unless alterations are mutually agreed upon by the Department of 
Professional 
and 
Financial 
Regulation 
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 subchapter. 
§15336. Disciplinary actions 
1. 
Disciplinary 
proceedings 
and 
sanctions. 
Regarding 
noncompliance with or violation of this chapter or of rules 
adopted by the board, the board shall investigate a complaint on 
its own motion or upon receipt of a written complaint filed with 
the board. 
The board shall notify the licensee of the content of a complaint 
filed against the licensee as soon as possible, but no later than 
days 
from receipt of this information. 
The licensee shall 
respond within 
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 sufficienL 
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 ln 
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, the 
board: 
A. 
With the consent of the licensee, 
may 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; 
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, 
may 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; 
C. 
If the board concludes that modification or nonrenewal 
of the license is in order, 
shall hold an adjudicatory 
hearing in accordance 
with 
the 
provisions 
of Title 
5, 
chapter 375, subchapter 4; or 
D. 
If the board concludes that suspension or revocation of 
the license is in order, 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 
foreseeab1y 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 denturism by 
an 
individual who is not licensed under this chapter and who 
claims to be legally licensed; 
E. 
Incompetence in the practice of denturism. 
A licensee 
is considered incompetent in the practice 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 
or 
(2) 
Engaged 
in 
conduct 
that 
evidences 
a 
lack 
of 
knowledge or inability to apply principles or skills to 
carry out the practice of denturism.: 
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 denturism; 
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 
denturism, 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 ln false, misleading or deceptive advertising . 
SUBCHA.P"rER 2 
DENTURISTS 
§15331. Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following words have the following meanings. 
1. 
Denturist. "Denturist" means a person engaging in the 
practice of denturism. 
2. 
Practice of denturism. "Practice of denturism" means: 
A. 
The taking of denture impressions and bite registration 
for the purpose of or with a view to the making, producing, 
reproducing, constructing, finishing, supplying, altering or 
repairing of an upper or lower prosthetic denture, or both, 
to be fitted to an arch or arches; 
B. 
The fitting of an upper or lower prosthetic denture, or 
both, to an arch or arches, including the making, producing, 
reproducing, 
constructing, 
finishing, 
supplying, 
altering 
and repairing of dentures: and 
C. 
The procedures incidental to the procedures specified in 
paragraphs A and a, 
as defined by the board pursuant to 
section 15333, subsection 2. 
§15338. EXaminations 
L 
Authority. The board is authorized to prepare and give 
examinations 
in 
the 
area 
of 
denturism 
for 
the 
purpose 
of 
licensing denturists. All examinations prepared and given under 
this subchapter may be prepared and given by the full board, by 
an appointed subcommittee of the board or by an entity authorized 
by the board. 
The board may also recognize 
a nationally or 
regionally administered examination given at least annually fOl 
applicants to practice denturism in the State. 
2. 
EXamination 
content. 
Denturist 
examinations 
must 
consist of 
a 
clinical eXamination and 
a 
written examination 
concernino, 
but 
not 
limited 
to, 
dental 
materials, 
denture 
technology, United States Department of Health and Human Services 
Centers for Disease Control guidelines, basic anatomy and basic 
pathology. 
3. 
Eligibility for examination. 
A person is eligible to 
take the examination pursuant to subsection 1 if that person: 
A. 
Is a high school graduate or has obtained high school 
equivalency; and 
B. 
Has 
a 
diploma 
from 
a 
board-approved 
denturism 
postsecondary institution or has 
completed 
an equivalent 
denturist educational program approved by the board. 
• 
4. 
Application for examination; fee. 
An eligible person 
desiring to take an examination in order to become licensed as a 
denturist shall make a written application to the board to take 
the examination. 
This application must be accompanied by 
an 
application fee to be determined by the board, but not to exceed 
$100, and an examination fee to be determined by the board that 
may 
not 
exceed 
the 
actual 
cost 
of 
the 
examination. 
The 
application fee includes the fee for the initial license and is 
nonrefundable. 
5. 
Additional examinations; fee. 
An applicant failing to 
pass an examination is entitled to a reexamination upon payment 
of the examination fee set by the board. 
If an applicant has 
failed 3 examinations, the board may reg:uire the applicant to 
complete additional education reg:uirements prior to reexamination. 
§15339. Licenses; endorsement 
1. 
Authority. The board has the authority to issue licenses 
to g:ualified persons 
to practice denturism pursuant to this 
subchapter. 
2. 
License issued. The board shall issue a license for the 
practice of denturism in this State to each person who has passed 
an examination under section 15338. 
This license authorizes the 
licensee to practice as 
a 
denturist in the State until the 
expiration date that appears on the license. 
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 $100, 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 
reg:uirements 
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 January 1st must 
b~ 
reinstated upon payment of a 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 $100. 
4. 
Endorsement. 
The 
board, 
at its discretion, 
without 
examination, may issue a license to an applicant to practice as a 
denturist who furnishes proof satisfactory to the board that the 
denturist 
has 
been 
licensed 
to 
practice 
and 
has 
actively 
practiced for a period of 3 years in another state or a Canadian 
province after full compliance with the requirements of that 
state's 
or 
province's 
denturism 
laws 
if 
the 
licensure 
requirements are, in all essentials, at least equivalent to those 
of this State. The board may require letters of reference about 
the denturist. 
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 the license 
may not exceed $100. 
5. 
Duplicate license. 
A duplicate license must be issued 
to a licensee by the board for a fee of $15 upon attestation of 
loss of the original. 
6. 
Prohibitions. 
A denturist may not: 
A. 
Falsely claim to be a licensed dentist or allow another 
to falsely represent the denturist as a licensed dentist; 
B. 
Perform a task beyond the denturist's competence; or 
C. 
Administer, 
dispense 
or 
prescribe 
a 
medication 
or 
controlled substance. 
7. 
Mental or physical examination. 
For the purposes 
[ 
this subsection, 
by the application for 
and 
acceptance of 
a 
license a licensed denturist is deemed to have given consent to a 
mental or physical examination when directed by the board. 
The 
board may direct the examination whenever it determines that 
;:1 
dentur ist may be suffering from a mental illness that may be 
interfering with the competent practice of denturism or from the 
use of intoxicants or drugs to an extent that they are preventing 
the denturist 
from practicing denturism competently 
and with 
safety to the patients. 
A denturist examined pursuant to 
all 
order of the board does not have the privilege to prevent the 
testimony 
of 
the 
examining 
individual 
or 
to 
prevent 
the 
acceptance 
into 
evidence 
of 
the 
report 
of 
an 
examining 
individual. 
Failure to comply with an order of the board tr,: 
submit to a mental or physical examination requires the District 
Court to immediately order the license of the denturist suspended 
until the denturist submits to the examination. 
§15340. Continuing education 
As 
a condition of a license renewaL 
a denturist licensee 
shall submit evidence of successful completion of 20 hours of 
• 
• 
• 
continuing 
education 
consisting 
of 
board-approved 
courses 
completed within 
the 
years 
preceding 
the 
application 
for 
renewal. 
The board shall proportionally reduce the continuing 
education hours required for denturists who have been licensed 
for less than a 2-year period upon the date of renewal. 
§15341. Persons and practices not affected 
Nothing in this subchapter may be construed to prohibit a 
duly qualified dental surgeon, dental laboratory technician or 
dental hygienist from performing work or services performed by a 
denturist licensed under this subchapter to the extent those 
persons 
are 
authorized 
to 
perform 
the 
same 
services 
under 
existing state law . 
Nothing in this 
subchapter may 
be 
construed to prevent 
students of a dental college, university or school of dental 
hygiene from practicing dental hygiene under the supervision of 
their instructors. 
Sec. 7. Board rules. 
The Board of Denturists, as established 
1n the 
Maine 
Revised Statutes, 
Title 
32, 
chapter 
137, 
upon 
convening for the first time shall adopt the rules for denturists 
that the Board of Dental Examiners, as established in Title 32, 
chapter 16, previously adopted for denturists and that were in 
existence on the effective date of this Act. 
SUMMARY 
This bill removes denturists from the authority of the Board 
of Dental Examiners and creates a new Board of Denturists undet 
the jurisdiction of the Department of Professional and Financial 
Regulation .