An Act To Expand Access to Oral Health Care
Maine Legislature, Session 125, LD 0266
Committee: Labor, Commerce, Research and Economic Development
Sponsors: STUCKEY, GILBERT, SANBORN, SIROCKI

Legislative Document 
No. 266 
H.P. 219 
House of Representatives, February 1, 2011 
An Act To Expand Access to Oral Health Care 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Representatives: GILBERT of Jay, SANBORN of Gorham, SIROCKI of 
Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA c. 16, sub-c. 3-C is enacted to read: 
SUBCHAPTER 3-C 
ORAL HEALTH PRACTITIONERS 
§1094-AA.  Oral health practitioner 
A dental hygienist or independent practice dental hygienist licensed by the board 
pursuant to this chapter may practice as a licensed oral health practitioner to the extent 
permitted by this subchapter. 
To qualify for licensure under this subchapter as an oral health practitioner, a person 
must apply to the board on forms provided by the board, pay the application fee under 
section 1094-CC and demonstrate to the board that the applicant: 
1.  Eighteen years of age.  Is 18 years of age or older; 
2.  Licensure.  Possesses a valid license to practice dental hygiene or independent 
practice dental hygiene pursuant to this chapter or qualifies for licensure to practice  
independent practice dental hygiene by endorsement pursuant to section 1094-L; 
3.  Education and experience.  Has graduated from an oral health practitioner 
education program that meets the requirements set by rule adopted by the board and has 
passed an examination approved by the board or accredited by the American Dental 
Association Commission on Dental Accreditation or its successor organization or another 
board-approved accreditation organization; and 
4.  Internship; provisional license.  Has completed one full year of internship as 
described under section 1094-BB.  During internship, the applicant holds a provisional 
license. 
§1094-BB.  Internship 
Prior to attaining licensure as an oral health practitioner, an applicant for licensure 
must complete one full year of internship under the supervision of a dentist licensed 
under this chapter.  The requirements of the internship period are as established by the 
board by rule.  Upon meeting the requirements of section 1094-AA, subsections 1, 2 and 
and payment of a fee of $175, an applicant must be granted a provisional license to 
practice as an oral health practitioner intern.  The applicant must retain the applicant's 
original license to practice as a dental hygienist or an independent practice dental 
hygienist during the internship year and as an oral health practitioner.  During internship, 
the applicant may be compensated for services performed as an oral health practitioner 
intern. 
§1094-CC.  License; fees; discontinuation of license 
Upon receiving proof of the satisfactory completion of the internship under section 
1094-BB, the board shall issue a license to practice as an oral health practitioner to a 
person who has met the requirements for licensure set forth in this subchapter and has 
paid the application fee of $250. The license must be exhibited publicly at the person's 
place of business or employment. The initial date of expiration of the license is the 
original expiration date of the person's dental hygienist license issued by the board 
pursuant to subchapter 4 or, for independent practice dental hygienists licensed by 
endorsement, January 1st of the first odd-numbered year following initial licensure. On or 
before January 1st of each odd-numbered year, the oral health practitioner shall pay to the 
board a license renewal fee. Oral health practitioners  who have not paid the renewal fee 
on or before January 1st must be reinstated upon payment of a late fee 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 as an oral health 
practitioner. Reinstatement of the oral health practitioner license may be made, if 
approved by the board, by payment of a reinstatement fee to the board. 
The fee for a provisional license during internship is $175.  The fee for license 
renewal is $250.  Reinstatement and late fees under this section are as determined by the 
board. 
§1094-DD.  Continuing education 
As a condition of renewal under this subchapter of a license to practice, an oral health 
practitioner must submit evidence of successful completion of 40 hours of continuing 
education consisting of board-approved courses, including cardiopulmonary resuscitation, 
in the 2 years preceding the application for renewal. The board and the oral health 
practitioner shall follow and are bound by the provisions of section 1084-A in the 
implementation of this section. 
The board may refuse to issue a license under this subchapter to a person who has not 
completed the required continuing education or may issue the license on terms and 
conditions set by the board. 
§1094-EE.  Limitation on practice 
Following the year of internship under section 1094-BB, an oral health practitioner 
may without supervision by a dentist and within the scope of practice under section 
1094-FF provide services to low-income, uninsured and underserved patients in an area 
designated as a dental health professional shortage area by the federal Department of 
Health and Human Services, Health Resources and Services Administration. 
§1094-FF.  Scope of practice 
Without supervision by a dentist, an oral health practitioner licensed under this 
subchapter may practice as specified in section 1094-EE and may only: 
1.  Perform duties.  Perform all of the duties covered by the scope of practice of the 
oral health practitioner’s license under subchapter 3-B or 4; 
2.  Assessments and treatments; preparations; restorations.  Perform oral health 
assessments, pulpal disease assessments for primary and young permanent teeth, 
intracoronal cavity preparations and restoration of primary and young permanent teeth; 
3.  Crowns; space maintainers.  Prepare and space stainless steel crowns and 
esthetic anterior crowns for primary incisors and place and remove space maintainers; 
4.  Management of dental trauma, minor surgical care and suturing; extractions.  
Conduct urgent management of dental trauma, perform minor surgical care and suturing 
and extract primary and permanent teeth; and 
5.  Prescribe.  Prescribe anti-inflammatories, analgesics, antimicrobials, fluoride and 
antibiotics. 
§1094-GG.  Advisory group 
The board shall appoint an advisory group to advise the board on the requirements for 
education under section 1094-AA, subsection 3, which must include at a minimum 750 
hours of classroom and clinical training.  The advisory group must include 2 persons who 
are licensed under this chapter as dental hygienists or independent practice dental 
hygienists, 2 persons who teach oral health care at a postsecondary institution and 2 
dentists licensed under this chapter. 
§1094-HH.  Rulemaking 
The board shall adopt rules to implement this subchapter.  Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill establishes a licensure process and scope of practice for oral health 
practitioners.  It provides rule-making authority for the Board of Dental Examiners.