An Act To Establish the Dental Adjudicatory Panel
Maine Legislature, Session 125, LD 0955
Committee: Labor, Commerce, Research and Economic Development
Sponsors: RECTOR, PRESCOTT, COURTNEY, PLOWMAN, RAYE, SCHNEIDER, HAMPER, HUNT, WEAVER
Amends: 5 MRSA §12004-A, 32 MRSA §1077, 32 MRSA §1080

Legislative Document 
No. 955 
S.P. 301 
In Senate, March 8, 2011 
An Act To Establish the Dental Adjudicatory Panel 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Cosponsored by Representative PRESCOTT of Topsham and 
Senators: COURTNEY of York, McCORMICK of Kennebec, PLOWMAN of Penobscot, 
President RAYE of Washington, SCHNEIDER of Penobscot, Representatives: HAMPER of 
Oxford, HUNT of Buxton, WEAVER of York. 
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: 
10-A.   
Sec. 2.  32 MRSA §1077, sub-§1, 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 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, it may take any of the following actions it considers 
appropriate: 
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. 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 modification or nonrenewal of the license is in order, 
the board shall hold refer the complaint to the Dental Adjudicatory Panel established 
in 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, except that the Maine Rules of Evidence apply to all adjudicatory 
hearings; or 
Dental Adjudicatory Panel 
Travel Expenses 
MRSA §1080
D.    If the board concludes that suspension or revocation of the license is in order, 
the board shall notify the licensee of the reasons for the suspension or revocation and 
the facts on which they are based, and the licensee has the right to request an informal 
conference with the members of the board.  If the board continues to believe that 
suspension or revocation of the license is in order, the board shall file a complaint in 
the District Court in accordance with Title 4, chapter 5. 
The authority to take action pursuant to Title 10, section 8003, subsection 5, paragraph 
A-1, subparagraphs (2) to (4) and paragraph C, subparagraph (3) is granted to the Dental 
Adjudicatory Panel and not to the board. 
Sec. 3.  32 MRSA §1080 is enacted to read: 
§1080.  Dental Adjudicatory Panel 
The Dental Adjudicatory Panel, referred to in this section as "the panel," is 
established. 
1.  Purpose of the panel.  The purpose of the panel is to provide for an adjudicatory 
hearing independent of the board after the board conducts the initial investigation of a 
complaint against a licensee and refers the complaint to the panel. 
2.  Appointments.  The panel consists of 5 members appointed by the Governor as 
follows: 
A.  One member must be a dental hygienist; 
B.  One member must be a denturist; and 
C.  Three members must be dentists. 
A member must be licensed to practice in this State and may not be a member of the 
board. 
3.  Terms.  Members of the panel serve at the pleasure of the Governor and must be 
appointed for 5-year terms.  A member may continue to serve until that member’s 
replacement is appointed and confirmed. A vacancy must be filled for the remainder of 
the unexpired term. Members may be reappointed. 
4.  Chair.  The panel shall each year select a chair from among its membership. A 
member may serve as chair for more than one term. 
5.  Responsibilities.  The panel has the following responsibilities and authority. 
A.  Upon referral of a complaint to the panel by the board pursuant to section 1077, 
subsection 1, paragraph C, the panel shall hold an adjudicatory hearing in accordance 
with the provisions of Title 5, chapter 375, subchapter 4, except that the Maine Rules 
of Evidence apply to all adjudicatory hearings. 
B.  Upon completion of the adjudicatory hearing, the panel may: 
(1)  Modify or refuse to renew the license of the licensee who is the subject of the 
complaint; or 
(2)  Dismiss the complaint. 
6.  Compensation.  Members of the panel are entitled to compensation according to 
Title 5, section 12004-A, subsection 10-A. 
7.  Panel meetings.  The panel shall meet at the request of the board or at the 
discretion of the chair of the panel. Any 3 members of the panel may call a meeting. 
8.  Quorum.  Four of the members of the panel constitute a quorum. 
9.  Records and meetings.  All meetings and records of the panel are subject to the 
provisions of Title 1, chapter 13. 
Sec. 4.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 32, 
section 1080, subsection 3, the initial appointment to the Dental Adjudicatory Panel of a 
dental hygienist and one of the dentists must be for 3 years, and the initial appointment of 
the denturist and one of the dentists must be for 4 years. 
SUMMARY 
This bill establishes the Dental Adjudicatory Panel for the purpose of conducting 
adjudicatory hearings for the Board of Dental Examiners.  These adjudicatory hearings 
must utilize the Maine Rules of Evidence.  Members of the panel may not be members of 
the Board of Dental Examiners. 
The bill also makes a change in the process by which the Board of Dental Examiners 
files a complaint in the District Court to suspend or revoke a license.  Before filing such a 
complaint, the board shall notify the licensee of reasons for the suspension or revocation 
and provide the licensee with an opportunity for an informal conference with the 
members of the board.