An Act To Authorize the Training of Expanded Function Dental Assistants within Tribal Territories
Maine Legislature, Session 125, LD 1475
Committee: Labor, Commerce, Research and Economic Development
Sponsors: MITCHELL, McCORMICK, BEAULIEU, PICCHIOTTI, SOCTOMAH, STRANG BURGESS, PLOWMAN
Amends: 32 MRSA §1094-H

Legislative Document 
No. 1475 
H.P. 1084 
House of Representatives, April 13, 2011 
An Act To Authorize the Training of Expanded Function Dental 
Assistants within Tribal Territories 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MITCHELL of the Penobscot Nation. 
Cosponsored by Senator McCORMICK of Kennebec and 
Representatives: BEAULIEU of Auburn, PICCHIOTTI of Fairfield, SOCTOMAH of the 
Passamaquoddy Tribe, STRANG BURGESS of Cumberland, Senator: PLOWMAN of 
Penobscot. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, dental health is of major importance to the residents of the State, 
including the territories of federally recognized Indian tribes; and 
Whereas, dental health services within tribal territories are inadequate to properly 
treat the residents of those territories; and 
Whereas, it is necessary to train and certify dental health providers to provide 
services to the residents of the tribal territories to properly ensure the health, safety and 
welfare of those residents; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1094-H, as enacted by PL 2005, c. 322, §1, is repealed and the 
following enacted in its place: 
§1094-H.  Certification; renewal 
1.  Board certification.  Certificates must be renewed every 5 years. On or before the 
expiration of the certificate, the expanded function dental assistant must pay to the board 
a certification renewal fee of not more than $100 to be determined by the board. 
Expanded function dental assistants who have not paid the renewal fee on or before the 
expiration of the 5-year certificate must be reinstated upon payment of a late fee of not 
more than $50 to be determined by the board if paid within 30 days of the certificate's 
expiration date. Failure to be properly certified within 30 days results in automatic 
suspension of a certificate to practice. 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 $100. Except as provided in subsection 2, this subsection does not apply 
to an expanded function dental assistant under subsection 2. 
2.  Tribal territory.  A dentist licensed under this chapter who practices within the 
territory of a federally recognized Indian tribe may train and certify a person who meets 
the qualifications under section 1094-G to become an expanded function dental assistant 
within that territory.  Training under this subsection must meet standards equal to the 
standards for training an expanded function dental assistant under subsection 1.  A 
certificate issued under this subsection must be renewed every 5 years, and the licensed 
dentist conducting the training and issuing certification may charge a fee of not more than 
$100 for original training and certification or for renewal of certification. An expanded 
function dental assistant who is certified under this subsection is subject to the 
requirements of this subchapter and may not perform dental procedures authorized under 
this subsection in a location outside the territory of the federally recognized Indian tribe. 
3.  Rules.  The board may adopt routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A to implement this section. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows a licensed dentist who practices within the territory of a federally 
recognized Indian tribe to train and certify an expanded function dental assistant to 
perform dental procedures within the territory of the federally recognized Indian tribe.