An Act To Provide for the Regulation of Denturists by the Board of Complementary Health Care Providers
Maine Legislature, Session 123, LD 1472
Committee: Business, Research and Economic Development
Sponsors: CLARK
Amends: 13 MRSA §732, 32 MRSA §1071, 32 MRSA §1078, 32 MRSA §1079, 32 MRSA §12501, 32 MRSA §12502, 32 MRSA §12503, 32 MRSA §12504

Legislative Document 
No. 1472 
H.P. 1034 
House of Representatives, March 19,2007 
An Act To Provide for the Regulation of Denturists by the Board of 
Complementary Health Care Providers 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative CLARK of Millinocket. 
Printed on recycled paper 
/J'l~ 111· 7T/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 13 MRSA §732, sub-§4, as enacted by PL 2001, c. 640, Pt. B, §2 and as 
affected by §7, is amended to read: 
4. Dentists and dentudsts. For the purposes of this chapter, a denturist licensed 
under Title 32, chapter +6 113-B 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 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. 2. 32 MRSA §1071, first ~, as amended by PL 2003, c. 669, § 1, is further 
amended to read: 
The Board of Dental Examiners, established by Title 5, section 12004-A, subsection 
10, and in this chapter called the "board," consists of 9 .8. members, appointed by the 
Governor as follows: five members of the dental profession, 2 dental hygienists,..-eHe 
denturist and one representative of the public. 
Sec. 3. 32 MRSA §1071, sub-§3-A, as enacted by PL 2001, c. 260, Pt. B, §2, is 
repealed. 
Sec. 4. 32 MRSA §1078, as enacted by PL 2003, c. 669, §3, is repealed. 
Sec. 5. 32 MRSA §1079, sub-§1, ~, as enacted by PL 2003, c. 669, §3, is 
amended to read: 
B. 
Two dental hygienists, appointed by the Governor, who are qualified pursuant to 
SUb6RElflter G this chapter, are legal residents of the State and have practiced in the 
State for at least 6 years immediately preceding appointment; and 
Sec. 6. 32 MRSA c. 16, sub-c. 6, as amended, is repealed. 
Sec. 7. 32 MRSA §12501, sub-§5-A is enacted to read: 
S-A. Denturism. "Denturism" means only: 
A. The taking of denture impressions and bite registration for the purpose of or with 
a view to the making, producing, reproducing, construction, finishing, supplying, 
altering or repairing of a complete upper or complete lower prosthetic denture, or 
both, to be fitted to an edentulous arch or arches; 
B. 
The fitting of a complete upper or lower prosthetic denture, or both, to an 
edentulous 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 B, as 
defined by the board. 
Sec. 8. 32 MRSA §12501, sub-§5-B is enacted to read: 
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5-B. Denturist. "Denturist" means a person engaging in the QIactice of denturism. 
Sec. 9. 32 MRSA §12502, sub-§I, as amended by PL 1997, c. 727, Pt. i,', § l' !S 
further amended to read: 
1. 
Membership. 
The Board of Complementary Health Care Providers, as 
established in Title 5, section 12004-A, subsection 8-A, shall regulate the professions of 
acupuncture aHti, naturopathic medicine and denturism according to the provisions of this 
chapter. The board consists of 1 .2 members appointed by the Governor. The Governor 
shall make the initial appointments to the board no later than 60 days after the effective 
date of this section and shall infonn the Commissioner of Professional and Financial 
Regulation of these appointments. The commissioner shall call the first meeting of the 
board on a date no later than 30 days following notification of appointments by the 
Governor. All members of the board must be residents of this State. Two members of 
the board must be acupuncturists licensed in this State. Two members of the board must 
be practitioners of naturopathic medicine who are eligible for licensure under, or are 
licensed pursuant to, the requirements of subchapter ill;1. Two members of the board 
must be denturists who are eligible for licensure under, or are licensed pursuant to, the 
requirements of subchapter 4. 
One member must be a member of the public. One 
member must be an allopathic or osteopathic physician who is licensed in this State. One 
member must be a phannacist who is licensed in this State. 
Sec. 10. 32 MRSA §12503, sub-§I,~, as enacted by PL 1995, c. 671, §13, is 
amended to read: 
B. 
Set standards of practice for acupuncturists aHti, naturopathic doctors and 
denturists; 
Sec. 11. 32 MRSA §12503, sub-§I,~, as enacted by PL 1995, c. 671, §13, is 
amended to read: 
D. 
Ensure that acupuncturists aHti, naturopathic doctors and denturists serving the 
public meet minimum standards of proficiency and competency to protect the health, 
safety and welfare of the public; 
Sec. 12. 32 MRSA §12503, sub-§I, ~G, as enacted by PL 1995, c. 671, §13, is 
amended to read: 
G. 
Maintain a roster of all acupuncturists aHti, naturopathic doctors and denturists 
licensed under this chapter that indicates: 
(l) The name ofthe licensee; 
(2) The licensee's current professional office address; 
(3) The date of issuance and the number of the licensee's license; and 
(4) Whether the licensee is in good standing with the board including: 
(a) Any specialty certification required by the board; 
(b) Any restrictions or limitations to an individual's license; 
(c) A record of any revocations or suspensions; and 
(d) Any infonnation that the board directs must be included in a member's 
record; 
Sec. 13. 32 MRSA §12503, sub-§6, as enacted by PL 1995, c. 671, §13 and 
amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
6. Suspension and revocation. The board may suspend or revoke a license pursuant 
to Title 5, section 10004. In addition, the board may refuse to issue or renew or the 
District Court may suspend, revoke or refuse to renew a license on any of the following 
grounds: 
lOA. 
The practice of fraud or deceit in obtaining a license under this chapter or in 
connection with services rendered as an acupuncturist 6f~ naturopathic doctor or 
denturist; 
B. 
A legal finding of mental incompetence; 
C. 
Aiding or abetting a person, not duly licensed under this chapter, in claiming to 
be an acupuncturist eF~ naturopathic doctor or denturist; 
D. 
Any gross negligence, incompetence or misconduct in the perfonnance of 
acupuncture eF~ naturopathic medicine or denturism; 
E. 
Subject to the limitations of Title 5, chapter 341, conviction of a Class A, Class 
B or Class C crime or of a crime that, if committed in this State, would be punishable 
by one year or more of imprisonment; or 
F. 
Any other good cause, relevant to qualifications to practice acupuncture eF~ 
naturopathic medicine or denturism. 
Sec. 14. 32 MRSA §12504, as enacted by PL 1995, c. 671, §13, is amended to 
read: 
§12504. Unauthorized employment 
A person in the course of business may not employ an acupuncturist eF, naturopathic 
doctor or denturist who does not have a license unless that person is a student or intern 
within the meaning of this chapter. 
Sec. 15. 32 MRSA c. 113-B, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
DENTURISM LICENSING REQUIREMENTS 
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§12531. Examinations 
1. 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 
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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 for 
rumJicants to practice denturism in the State. 
2. 
Examination content. 
Denturist examinations must consist of a clinical 
examination and a written examination concerning, 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 under 
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 must 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 $175, 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 examination; 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 require the applicant to complete 
additional educational requirements prior to reexamination. 
§12532. Licenses; endorsement 
1. Authority. The board has the authority to issue licenses to qualified 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 12531. 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 1 st 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. 
After the requirements for a license renewal have been met, including any necessary 
continuing education, 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 the renewal fee on or before January 1 st must be reinstated upon payment of a 
late fee, to be determined by the board, of not more than $50 if paid by February 1 st. A 
license to practice is automatically suspended on February 1 st and may be reinstated, if 
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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 112 the biennial 
licensure fee ifthe applicant applies in an even-numbered year. 
4. 
Endorsement. 
The board may issue at its discretion a license without 
examination to an applicant to practice as a denturist who furnishes proof satisfactorv 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 Canadian province after full compliance with the 
requirements of its dental 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 I icense may not exceed $175. 
5. Duplicate license. A licensee must be issued a duplicate license by the board for 
a fee of $15 upon attestation ofloss of the original. 
6. Additional 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 of this subsection, by the 
application for and acceptance of the 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 a denturist 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 
an 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 to submit to a mental 
or physical exam requires the District Court to immediately order the license of the 
denturist suspended until the denturist submits to the examination. 
§12533. 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 2 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. 
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§12534. Persons and practices not affected 
Nothing in this subchapter may be construed io prohibit a duly gualified 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 authbrized to perform the same services under 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. 
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SUMMARY 
Under current law, denturists are regulated by the Board of Dental Examiners. This 
bill places denturists under the jurisdiction of the Board of Complementary Health Care 
Providers. 
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