An Act To Establish the Dental Adjudicatory Panel
Maine Legislature, Session 125, LD 0955
Committee Amendment CA_A_S482 (Senate)
Amends: 32 MRSA §1077, 32 MRSA §1080

COMMITTEE AMENDMENT" A " to S.P. 301, L.D. 955, Bill, "An Act To 
Establish the Dental Adjudicatory Panel" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish a Dental Adjudicatory Panel System' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §1077, sub-§l, as corrected by RR 2009, c. 2, §87, is amended 
to read: 
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 60 days from receipt of this information. 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 fonnal 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: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 301, L.D. 955 
A. With the consent of the licensee, 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 takes any action authorized by Title 10, section 
8003, subsection 5 or Title 10, section 8003-D. A consent agreement may be used to 
terminate a complaint investigation, if entered into by the board, the licensee and the 
Attorney General's office; 
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 Attorney General's 
office, 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 denial of initial licensure or modification or 
nonrenewal of the an existing license is in order, the board shall hold may refer the 
complaint to a dental adjudicatory panel, convened pursuant to section 1080, for the 
purpose of holding an adjudicatory hearing in accordance with the provisions of the 
Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 4; or 
D. If the board concludes that suspension or revocation of the license is in order, the 
board 5hall may file a complaint in the District Court in accordance with Title 4, 
chapter 5. 
Notwithstanding any other provision of law, a dental adjudicatory panel convened 
pursuant to section 1080 has the sole authority to hold an adjudicatory hearing 
conforming to the requirements of Title 5, chapter 375, subchapter 4 and take any action 
authorized by Title 10, section 8003, subsection 5 or Title 10, section 8003-D following 
an adjudicatory hearing. 
Notwithstanding Title 10, section 8003, subsection 5, any nonconsensual revocation of a 
license by a dental adjudicatory panel pursuant to Title 10, section 8003 may be imposed 
only after a hearing conforming to the requirements of Title 5, section 375, subchapter 4 
and is subject to judicial review exclusively in the Superior Court in accordance with 
Title 5, chapter 375, subchapter 7. The board retains the authority to take any other 
action pursuant to this section and Title 10, section 8003 regarding the disposition of any 
complaint that does not involve an adjudicatory hearing. 
Sec. 2. 32 MRSA §1080 is enacted to read: 
§1080. Dental adjudicatory panels 
Dental adjudicatory panels may be convened in accordance with this section. 
1. Purpose of panel. The purpose of a dental adjudicatory panel, referred to in this 
section as "a panel," is to conduct adjudicatory hearings independent ofthe board after 
the board conducts the initial investigation of a complaint against a licensee and refers the 
complaint to a panel. 
2. Establishment of a pool of panel members. The board shall establish a pool of 
potential panel members. The board may not select a person for the pool who' has been 
found in violation of the dental practices laws or rules within the preceding 10 years. 
After selection by the board, each member of the pool is subject to review and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 301, L.D. 955 
appointment by the Governor. The pool must be composed of at least 5 dentists, 5 
denturists and 5 dental hygienists licensed under this chapter and 5 public members, but if 
the board finds that it is beneficial to the administration of the pool, the pool may be 
composed of no fewer than 3 from each category. A pool member may not be a member 
of the board. 
3. Convening of a panel. The board may convene a panel for a case that cannot be 
resolved using a consent agreement. The board shall request a member of its staff to 
draw names from the pool in accordance with subsection 4. A member of the board may 
not have a role in the drawing or selection of individuals serving on a panel. For each 
case, a separate panel must be created and then dissolved once it has issued its decision. 
4. Appointments for a panel. A panel consists of 5 members appointed from the 
pool under subsection 2: 
A. One member must be a public member; 
B. One member must be either a denturist or a dental hygienist. A dental hygienist 
must be named to the first panel convened. For subsequent panels, the seat must 
alternate between a dental hygienist and a denturist, unless the defendant is either a 
denturist or a dental hygienist, in which case the member filling this seat must be of 
the defendant's profession; and 
C. Three members must be dentists. 
If the defendant is a doctor from a dental specialty, at least one of the dentists selected to 
the panel must, if possible, be of that specialty. 
5. 
Vacancy. In the event of a vacancy on a panel, the board shall appoint a 
replacement member from the pool under subsection 2. 
6. Terms; vacancy. Members of the pool serve 5-year terms. Members may be 
reappointed. In the event of a vacancy in the pool, the board shall select a replacement 
member in the same manner as the original selection subject to the provisions of 
subsection 2. 
7. Chair. The members of a panel shall select a chair from among its members. 
Any member may serve as the chair. 
8. Duties and authority of a panel. Upon referral of a complaint by the board 
pursuant to section 1077, subsection I, paragraph C to a panel convened pursuant to 
subsection 3, the panel shall hold an adjudicatory hearing. 
Upon completion of the 
adjudicatory hearing, the panel shall issue a decision or order to: 
A. Take any action authorized by section 1077, subsection 1; Title 10, section 8003, 
subsection 5; or Title 10, section 8003-D; or 
B. Dismiss the complaint. 
9. Compensation. Members of a panel are entitled to reimbursement for travel 
expenses. 
10. Panel meetings. A panel shall hold its first meeting at the request of the board. 
Subsequent meetings must be held at the request of the chair of the panel. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 301, L.D. 955 
11. Quorum. Four members of a panel constitutes a quorum. 
12. Repeal. This section is repealed September 15,2014. 
Sec. 3. Authority to report out a hill. The Board of Dental Examiners shall 
report to the joint standing committee of the Legislature having jurisdiction over labor, 
commerce, research and economic development matters concerning the implementation 
of the dental adjudicatory panel system under the Maine Revised Statutes, Title 32, 
section 1080 by January 15, 2014. The joint standing committee of the Legislature 
having jurisdiction over labor, commerce, research and economic development matters 
may report out a bill regarding the dental adjudicatory panel system to the Second 
Regular Session of the 126th Legislature.' 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It clarifies that the Board of Dental Examiners has the authority in the case of a 
consent agreement with a licensee to take any action authorized by the Maine Revised 
Statutes, Title 10, section 8003, subsection 5 or Title 10, section 8003-D. 
2. 
It provides that if the board concludes that denial of initial licensure or 
modification or nonrenewal of an existing license is in order, the board may refer a 
complaint to a dental adjudicatory panel for the purpose of holding an adjudicatory 
hearing in accordance with the provisions of the Maine Administrative Procedure Act. 
3. It provides that a dental adjudicatory panel, not the board, has the sole authority to 
hold an adjudicatory hearing conforming to the requirements of the Maine Administrative 
Procedure Act and take any action following an adjudicatory hearing authorized by Title 
10, section 8003, subsection 5 or Title 10, section 8003-D. 
4. It provides that any nonconsensual revocation of a license by a dental adjudicatory 
panel may be imposed only after a hearing confonning to the requirements of the Maine 
Administrative Procedure Act and is subject to judicial review exclusively in the Superior 
Court. It also provides that the board retains the authority to take any other action 
regarding the disposition of any complaint that does not involve an adjudicatory hearing. 
5. It replaces the provisions in the bill that establish the Dental Adjudicatory Panel 
with a system of dental adjudicatory panels that are convened on a case-by-case basis 
from a pool of variously qualified potential panel members, each serving a 5-year term, 
and establishes the duties and authority of the panels. 
6. It repeals the laws governing the dental adjudicatory panels September 15, 2014, 
but allows the joint standing committee of the Legislature having jurisdiction over labor, 
commerce, research and economic development matters to report out a bill regarding 
dental adjudicatory panels to the Second Regular Session of the 126th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/08/12 
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LD955 
LR 1350(02) 
An Act To Establish the Dental Adjudicatory Panel 
Fiscal Note for Bill as Amended by Committee Amendment "A" S Af'ir2. 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Other Special Revenue Funds 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Board of Dental Examiners, affiliated with the Department of Professional and Financial 
Regulation, associated with establishing a Dental Adjudicatory Panel for the purpose of conducting adjudicatory 
hearings can not be determined at this time and will depend on the number of hearings conducted. 
This fiscal note assumes that this legislation represents a shift of duties from the Board to the Panel and that a similar 
number of adjudicatory hearings will occur whether it is the Board or the Panel conducting the hearing. Given this 
assumption, there appears to be both sufficient allocations and funding within the board's existing budgeted resources 
to support such additional costs as travel reimbursement and other incidental expenses for panel members until the 
panel is repealed on September 15,2014 To the extent that the number of requests for adjudicatory hearings 
increase as a result of this legislation, the Board may need to increase fees to cover the additional costs. 
The increase in costs to the Judicial Department are expected to be minimal and can be absorbed utilizing existing 
budgeted resources. 
LR1350(02) - Fiscal Note - Page 1 of 1