An Act To Improve Access to Oral Health Care
Maine Legislature, Session 126, LD 1230
Committee Amendment CA_C-SA_A_S449 (Senate)

SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "C" to H.P. 870, 
L.D. 1230, Bi1I, "An Act To Improve Access to Oral Health Care" 
Amend the amendment in section 7 in § 1094-AA by striking out all of subsection 2 
II 
(page 3, lines 13 to 23 in amendment) and inserting the following: 
'2. 
Educational program standards and requirements. 
Has successfully 
completed a dental hygiene therapy education program that: 
A. 
Is accredited by the American Dental Association Commission on Dental 
Accreditation or a successor organization; 
B. Is a minimum of 4 semesters; and 
C. Is consistent with the model curriculum for educating dental hygiene therapists 
adopted by the American Association of Public Health Dentistry, or a successor 
organization, is consistent with existing dental hygiene therapy programs in other 
states and is approved by the board. 
3. Bachelor of Science degree. Has been awarded a Bachelor of Science degree in 
dental hygiene. In order to meet the requirements of this subsection, an applicant must 
hold at least an associate degree in dental hygiene before entering a dental hygiene 
therapy education program that meets the requirements of subsection 2, which may be 
completed concurrently or consecutively with a Bachelor of Science degree in dental 
hygiene;' 
Amend the amendment in section 7 in § 1094-AA in subsection 3 in the last line (page 
3, line 27 in amendment) by inserting after the following: "dentistry" the following: 
'~ 
An applicant who fails the clinical examination twice may not take the clinical 
examination again until further education and training, as specified by the board, are 
obtained' 
Amend the amendment in section 7 in § 1094-AA in subsection 4 in the first line 
(page 3, line 28 in amendment) by striking out the following: "1,000" and inserting the 
following: '2,000' 
Amend the amendment in section 7 in § 1094-AA in subsection 4 in the last line (page 
3, line 31 in amendment) by inserting after the following: "1 094-BB." the following: 
'For purposes of meeting the requirements of this subsection, an applicant's hours of 
SENA TE AMENDMENT 
~o~s 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "C"to H.P. 870, L.D. 1230 
supervised clinical experience while enrolled in the 4-semester dental training therapy 
program may be included.' 
Amend the amendment in section 7 in § 1094-AA by renumbering the subsections to 
read consecutively. 
Amend the amendment in section 7 in § 1094-BB in the first paragraph in the 3rd line 
(page 3, line 35 in amendment) by striking out the following: "J" and inserting the 
following: '1:' 
Amend the amendment in section 7 in § 1094-FF in the first paragraph in the first line 
(page 4, line 35 in amendment) by striking out the following: "1,000" and inserting the 
following: '2,000' 
Amend the amendment in section 7 in § 1 094-FF in the first paragraph in the 2nd line 
(page 4, line 36 in amendment) by striking out the following: 
"1:" and inserting the 
following: 'i' 
Amend the amendment in section 7 in § 1094-FF in the first paragraph in the 3rd line 
(page 4, line 37 in amendment) by striking out the following: "general" and inserting the 
following: 'direct' 
Amend the amendment in section 7 in § 1094-FF in the first paragraph in the 3rd line 
(page 4, line 37 in amendment) by inserting after the folIowing: "dentist" the following: 
'who is licensed in this State' 
Amend the amendment in section 7 in § 1094-FF in the first paragraph by striking out 
the last 3 lines (page 5, lines 4 to 6 in amendment) and inserting the following: 'Health 
and Human Services; or a private dental practice in which at least 50% of the patients 
who are provided services by that dental hygiene therapist are covered by the MaineCare 
program under Title 22 or are underserved adults.' 
Amend the amendment in section 7 in § 1094-GG by striking out all of the first 
indented paragraph (page 5, lines 8 to 15 in amendment) and inserting the following: 
'A dental hygiene therapist may practice only under the direct supervision of a dentist 
who is licensed in this State, referred to in this subchapter as the "supervising dentist," 
and through a written practice agreement signed by both parties. A supervising dentist 
may not enter into a practice agreement with more than 10 dental hygiene therapists at 
one time. For the purposes of this section, a written practice agreement is a signed 
document that, in conformity with the legal scope of practice provided in section 
1094-HH, outlines the functions that the dental hygiene therapist is authorized to perform. 
A dental hygiene therapist may practice only under the standing order of a supervising 
dentist, may provide only care that follows written protocols and may provide only 
services that the dental hygiene therapist is authorized to provide by that supervising 
dentist.' 
Amend the amendment in section 7 in § 1094-GG by striking out all of subsection 1 
(page 5, lines 16 to 21 in amendment) 
Amend the amendment in section 7 in § 1094-GG by renumbering the subsections to 
read consecutively. 
SENA TE AMENDMENT 
1. 
~o~s 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "C" to H.P. 870, L.D. 1230 
Amend the amendment in section 7 in § 1 094-HH in the first paragraph in the 2nd line 
(page 6, line 19 in amendment) by striking out the following: "general" and inserting the 
following: 'direct' 
Amend the amendment in section 7 in § 1094-HH in the first paragraph in the 2nd line 
(page 6, line 19 in amendment) by inserting after the following: "dentist" the following: 
'licensed in this State' 
Amend the amendment in section 7 in § 1094-HH in the first paragraph in the 3rd line 
(page 6, line 20 in amendment) by striking out the following: "general" and inserting the 
following: 'direct' 
Amend the amendment in section 7 in § 1094-KK by striking out all of the first 
indented paragraph (page 7, lines 19 and 20 in amendment) and inserting the following: 
'The board shall adopt rules to implement this subchapter. Rules adopted pursuant to 
this section prior to September 1, 2016 are major substantive rules as described in Title 5, 
chapter 375, subchapter 2-A. Beginning September 1, 2016, rules adopted pursuant to 
this section are routine technical rules as described in Title 5, chapter 375, subchapter 
2-A.' 
Amend the amendment by striking out all of section 8 (page 7, lines 21 to 25 in 
amendment) and inserting the following: 
'Sec. 8. Board of Dental Examiners. By January I, 2015, the Department of 
Professional and Financial Regulation, Board of Dental Examiners shall adopt rules 
setting requirements for dental hygiene therapy education programs. Prior to adopting 
rules, the board shall consult with: 
1. A member of the Maine Dental Association; 
2. A member of the Maine Dental Hygienists' Association; 
3. A dentist who practices at a dental clinic at which at least 50% of that dentist's 
patients are eligible for the MaineCare program; 
4. A dental hygienist who practices at a dental clinic at which at least 50% of that 
dental hygienist's patients are eligible for the MaineCare program; 
5. A person whose area of expertise is in public health; and 
6. A member of an organization that advocates for low-income persons. 
Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment incorporates the provisions of House Amendment "B" to Committee 
Amendment "C" with the following changes: 
SENA TE AMENDMENT 
'\"l o~ s 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "e" to H.P. 870, L.D. 1230 
1. It removes the requirement that a dental hygiene therapy education program meet 
the requirements established by the Department of Professional and Financial Regulation, 
Board of Dental Examiners and removes the ability of the board to approve a dental 
hygiene therapy education program that has not been accredited by the American Dental 
Association Commission on Dental Accreditation; 
2. It limits the number of dental hygiene therapists with whom a supervising dentist 
may enter into a written practice agreement at one time to 10; 
3. It leaves the type of rules adopted by the board as major substantive, as was 
specified in Committee Amendment "C," but only until September 1, 2016. Beginning 
September 1, 2016, the rules adopted by the board are routine technical rules; and 
4. 
It changes an occurrence of general supervision to direct supervision III 
Committee Amendment "C" to correct an inadvertent omission. , 
SPONSOREDBY~ '211~ 
(Senator LAC 
fCZ) 
COUNTY: Kennebec 
SENA TE AMENDMENT 
t