An Act To Establish a Separate Regulatory Board for Dental Hygienists
Maine Legislature, Session 126, LD 0933
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SIROCKI, GUERIN, LIBBY, MALABY, MASTRACCIO, PARRY, PETERSON, SANDERSON
Amends: 5 MRSA §12004-A, 13 MRSA §732, 22 MRSA §3174-R, 32 MRSA §19121, 24-A MRSA §2765, 24-A MRSA §2847-Q, 24-A MRSA §4257, 32 MRSA §1062-A, 32 MRSA §1071, 32 MRSA §1079, 32 MRSA §1080, 32 MRSA §1081, 32 MRSA §1100-A, 32 MRSA §1100-J, 32 MRSA §9854

Legislative Document 
No. 933 
H.P. 657 
House of Representatives, March 7, 2013 
An Act To Establish a Separate Regulatory Board for Dental 
Hygienists 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SIROCKI of Scarborough. 
Cosponsored by Representatives: GUERIN of Glenburn, LIBBY of Waterboro, MALABY of 
Hancock, MASTRACCIO of Sanford, McELWEE of Caribou, PARRY of Arundel, 
PETERSON of Rumford, SANDERSON of Chelsea. 
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.  13 MRSA §732, sub-§4, as amended by PL 2007, c. 620, Pt. D, §1, is 
further amended to read: 
4.  Dentists, denturists, independent practice dental hygienists and any related 
licensed dental hygiene professionals.  For the purposes of this chapter, a denturist or 
licensed under Title 32, chapter 16, an independent practice dental hygienist licensed 
under Title 32, chapter 16 141 or any related licensed dental hygiene professional may 
organize with a dentist who is licensed under Title 32, chapter 16 and may become a 
shareholder of a dental practice incorporated under the corporation laws.  At no time may 
one or more denturists or, independent practice dental hygienists or any related licensed 
dental hygiene professionals in sum have an equal or greater ownership interest in a 
dental practice than the dentist or dentists have in that practice. 
Sec. 3.  22 MRSA §3174-RR, sub-§1, as reallocated by RR 2011, c. 1, §32, is 
amended to read: 
1.  Reimbursement.  By October 1, 2012, the department shall provide for the 
reimbursement under the MaineCare program of independent practice dental hygienists 
practicing as authorized under Title 32, section 1094-I 19161 for the following 
procedures: 
A.  Prophylaxis performed on a person who is 21 years of age or younger; 
B.  Topical application of fluoride performed on a person who is 21 years of age or 
younger; 
C.  Provision of oral hygiene instructions; 
D.  The application of sealants; 
E.  Temporary fillings; and 
F.  X-rays. Radiographic procedures, including but not limited to: 
(1)  Periapical x-rays; 
(2)  Bite-wing x-rays; 
(3)  Panoramic x-rays; and 
(4)  Full-mouth services. 
Reimbursement must be provided to independent practice dental hygienists directly or to 
a federally qualified health center pursuant to section 3174-V when an independent 
practice dental hygienist is employed as a core provider at the center. 
State Board of Dental 
Hygienists 
Legislative Per Diem 
MRSA §19121
Sec. 4.  24-A MRSA §2765, sub-§1, as enacted by PL 2009, c. 307, §2 and 
affected by §6, is amended to read: 
1.  Services provided by independent practice dental hygienist.  An insurer that 
issues individual dental insurance or health insurance that includes coverage for dental 
services shall provide coverage for dental services performed by an independent practice 
dental hygienist licensed under Title 32, chapter 16 141, subchapter 3-B 4 when those 
services are covered services under the contract and when they are within the lawful 
scope of practice of the independent practice dental hygienist. 
Sec. 5.  24-A MRSA §2847-Q, sub-§1, as enacted by PL 2009, c. 307, §3 and 
affected by §6, is amended to read: 
1.  Services provided by independent practice dental hygienist.  An insurer that 
issues group dental insurance or health insurance that includes coverage for dental 
services shall provide coverage for dental services performed by an independent practice 
dental hygienist licensed under Title 32, chapter 16 141, subchapter 3-B 4 when those 
services are covered services under the contract and when they are within the lawful 
scope of practice of the independent practice dental hygienist. 
Sec. 6.  24-A MRSA §4257, sub-§1, as enacted by PL 2009, c. 307, §4 and 
affected by §6, is amended to read: 
1.  Services provided by independent practice dental hygienist.  All individual and 
group health maintenance organization contracts that include coverage for dental services 
shall provide coverage for dental services performed by an independent practice dental 
hygienist licensed under Title 32, chapter 16 141, subchapter 3-B 4 when those services 
are covered services under the contract and when they are within the lawful scope of 
practice of the independent practice dental hygienist. 
Sec. 7.  32 MRSA §1062-A, sub-§1, as amended by PL 2011, c. 184, §1, is 
further amended to read: 
1.  Penalties.  A person who practices or falsely claims legal authority to practice 
dentistry, dental hygiene, independent practice dental hygiene, denturism or dental 
radiography in this State without first obtaining a license as required by this chapter, or 
after the license has expired, has been suspended or revoked or has been temporarily 
suspended or revoked, commits a Class E crime.  Violation of this subsection is a strict 
liability crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. 8.  32 MRSA §1071, first ¶, as amended by PL 2003, c. 669, §1, is further 
amended to read: 
The Board of Dental Examiners, established by Title 5, section 12004-A, subsection 
10, and in this chapter called the "board," consists of 9 7 members, appointed by the 
Governor as follows: five 5 members of the dental profession, 2 dental hygienists, one 
denturist and one representative of the public. 
Sec. 9.  32 MRSA §1071, sub-§2, as amended by PL 1993, c. 600, Pt. A, §56, is 
further amended to read: 
2.  Dentists. The Governor may accept nominations from the Maine Dental 
Association and from other organizations and individuals. 
Members of the dental profession must hold a valid dental license and must have been in 
the actual practice of dentistry in this State for at least 10 years immediately preceding 
the appointment. The term for a member who is a dentist is 5 years.  A dentist is not 
eligible to serve as a member of the board while employing a dental hygienist who is a 
member of the board. 
Sec. 10.  32 MRSA §1071, sub-§3, as amended by PL 2003, c. 669, §2, is 
repealed. 
Sec. 11.  32 MRSA §1079, as amended by PL 2007, c. 620, Pt. A, §2, is repealed. 
Sec. 12.  32 MRSA §1080, sub-§2, as enacted by PL 2011, c. 581, §2, is amended 
to read: 
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 
appointment by the Governor.  The pool must be composed of at least 5 dentists, and 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. 
Sec. 13.  32 MRSA §1080, sub-§4, ¶B, as enacted by PL 2011, c. 581, §2, is 
amended to read: 
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 
Sec. 14.  32 MRSA §1081, sub-§2, ¶H, as enacted by PL 2007, c. 620, Pt. C, §4, 
is amended to read: 
H.  Practice by an independent practice dental hygienist pursuant to chapter 141, 
subchapter 3-B 4. 
Sec. 15.  32 MRSA §1081, sub-§3, as amended by PL 2007, c. 620, Pt. C, §5, is 
further amended to read: 
3.  Proprietor.  The term proprietor, as used in this chapter, includes a person who: 
A.  Employs dentists or dental hygienists, independent practice dental hygienists, 
denturists or other dental auxiliaries in the operation of a dental office; 
B.  Places in possession of a dentist or a dental hygienist, independent practice dental 
hygienist or other dental auxiliary or other agent dental material or equipment that 
may be necessary for the management of a dental office on the basis of a lease or any 
other agreement for compensation for the use of that material, equipment or office; or 
C.  Retains the ownership or control of dental equipment or material or a dental office 
and makes the same available in any manner for the use by dentists or dental 
hygienists, independent practice dental hygienists or other agents, except that nothing 
in this subsection applies to bona fide sales of dental equipment or material secured 
by a chattel mortgage or retain title agreement.  A person licensed to practice 
dentistry may not enter into arrangements with a person who is not licensed to 
practice dentistry, with the exception of licensed denturists and independent practice 
dental hygienists, or the legal guardian or personal representative of a deceased or 
incapacitated dentist, pursuant to the provisions of Title 13, section 732. 
Sec. 16.  32 MRSA §1081, sub-§6, as enacted by PL 2007, c. 620, Pt. C, §6, is 
amended to read: 
6.  Dental hygienist.  "Dental hygienist" or "independent practice dental hygienist," 
as used in this chapter, means a dental auxiliary licensed pursuant to chapter 141, 
subchapter 3-B 3 or 4 who delivers preventive and educational services for the control of 
oral disease and the promotion of oral health within the scope of practice authorized by 
the person's license. 
Sec. 17.  32 MRSA c. 16, sub-cc. 3-B and 4, as amended, are repealed. 
Sec. 18.  32 MRSA §1100-A, as amended by PL 2007, c. 620, Pt. C, §10, is 
further amended to read: 
§1100-A.  Definition 
Duties of dental auxiliaries other than dental hygienists and expanded function dental 
assistants must be defined and governed by the rules of the Board of Dental Examiners, 
except that duties of independent practice dental hygienists set forth in section 1094-Q 
19169, subsection 1 may not be restricted or expanded by the board.  Dental auxiliaries 
include, but are not limited to, dental hygienists, independent practice dental hygienists, 
dental assistants, expanded function dental assistants, dental laboratory technicians and 
denturists. 
Sec. 19.  32 MRSA §1100-J, sub-§3, ¶A, as enacted by PL 1983, c. 331, §2, is 
amended to read: 
A.  Dental hygienists licensed pursuant to chapter 141, subchapter IV 3; 
Sec. 20.  32 MRSA §9854, sub-§3, ¶A, as enacted by PL 1983, c. 524, is 
amended to read: 
A.  A dental hygienist licensed under chapter 16 141, subchapter IV 3; 
Sec. 21.  32 MRSA c. 141 is enacted to read: 
CHAPTER 141 
DENTAL HYGIENISTS 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§19101.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Board.  "Board" means the State Board of Dental Hygienists under section 19121. 
2.  Dental hygienist.  "Dental hygienist" or "independent practice dental hygienist" 
means a dental auxiliary, as described under section 1100-A, licensed pursuant to 
subchapter 3 or 4, respectively, who delivers preventive and educational services for the 
control of oral disease and the promotion of oral health within the scope of practice 
authorized by the person's license. 
§19102.  Addresses and change of address 
1.  Furnish to board.  A licensee under this chapter shall:  
A.  Furnish the secretary of the board with the licensee's place or places of practice; 
and 
B.  Upon a change of name or registered address or addresses, furnish the secretary of 
the board with the new name or address within 30 days of the change. 
2.  Failure; fee.  For failure to comply with this section, a licensee is subject to a fee 
imposed by the board of not more than $25. 
§19103.  Penalties; injunction 
1.  Penalties.  A person who practices or falsely claims legal authority to practice 
dental hygiene or independent practice dental hygiene in this State without first obtaining 
a license as required by this chapter, or after the license has expired, has been suspended 
or revoked or has been temporarily suspended or revoked, commits a Class E crime.  
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
2.  Injunction.  The State may bring an action in Superior Court to enjoin a person 
for violating this chapter, regardless of whether proceedings have been or may be 
instituted in the District Court or whether criminal proceedings have been or may be 
instituted. 
SUBCHAPTER 2 
STATE BOARD OF DENTAL HYGIENISTS 
§19121.  Appointment; term; removal 
The State Board of Dental Hygienists, as established by Title 5, section 12004-A, 
subsection 10-A, consists of 5 members who are appointed by the Governor. A full-term 
appointment is for 5 years. Appointment of members must comply with Title 10, section 
8009. Members of the board may be removed from office for cause by the Governor. 
§19122.  Qualifications 
A member of the board must be a citizen of the United States and a resident of this 
State for at least 3 consecutive years prior to appointment and shall file with the Secretary 
of State an oath of office before beginning service.  The board is composed of: 
1.  Registered dental hygienists.  Two dental hygienists, each of whom: 
A.  Is a graduate of a state-approved educational program in dental hygiene; and 
B.  Holds a current state license to practice dental hygiene. 
One dental hygienist must be active in an approved educational program in dental 
hygiene. One dental hygienist must be active in dental hygiene service; 
2.  Public health dental hygienist.  One public health dental hygienist with public 
health supervision status as described in section 19149 who: 
A.  Is a graduate of a state-approved educational program in public health dental 
hygiene; and 
B.  Holds a current state license to practice public health dental hygiene; 
3.  Independent practice dental hygienist.  One independent practice dental 
hygienist who: 
A.  Is a graduate of a state-approved educational program in independent practice 
dental hygiene; and 
B.  Holds a current state license as an independent practice dental hygienist; and 
4.  Public member.  One public member.  A person may not qualify for appointment 
as a public member of the board if that person or a member of that person's immediate 
family is: 
A.  A member of another state licensing board; 
B.  On the board of a health care agency; or 
C.  Engaged for compensation in the provision of health services or the provision of 
health research, instruction or insurance. 
§19123.  Powers and duties 
The board shall hold annual meetings at which it shall elect from its members a chair 
and a secretary. It may hold such other meetings during the year as it determines 
necessary to transact its business. Special meetings must be called by the secretary on the 
request of 2 members. Three members of the board constitute a quorum at a meeting. 
The board shall perform an initial review of all complaints initiated pursuant to 
section 19124 involving dental hygienists and independent practice dental hygienists.  
Upon completion of the board's review of a complaint, the secretary of the board shall 
dispose of the complaint in accordance with those dispositions authorized by section 
19124. 
The board shall perform an initial review of all applications for licensure as a dental 
hygienist pursuant to section 19143 and an independent practice dental hygienist pursuant 
to section 19165, all submissions relating to continuing education of a dental hygienist 
pursuant to section 19146 and an independent practice dental hygienist pursuant to 
section 19168 and all submissions relating to public health supervision status of a dental 
hygienist and an independent practice dental hygienist as defined by board rule.  Upon 
completion of its review of an application or submission, the board shall dispose of the 
application or submission, including issuance, renewal, denial or nonrenewal of a dental 
hygienist and an independent practice dental hygienist license. 
The board: 
1.  Bylaws.  May adopt bylaws and rules for the transaction of the business of the 
board and the government and management of its affairs, not inconsistent with the laws 
of this State and of the United States, as it considers expedient; 
2.  Seal.  May adopt a seal, which must be placed in the care of the executive 
director; 
3.  Curricula.  May prescribe curricula and standards for educational programs 
preparing individuals for licensure under this chapter; 
4.  Surveys.  May provide for surveys of the programs described in subsection 3 as it 
determines necessary; 
5.  Approval.  May approve such dental hygiene educational programs within the 
State as meet the requirements of this chapter and of the board; 
6.  Denial.  May place dental hygiene educational programs on probation or warn, or 
deny, condition, withdraw or discontinue approval of, dental hygiene educational 
programs for failure to meet approved curricula or other standards as established by this 
chapter or pursuant to law; 
7.  Licenses.  May examine, license and renew the licenses of qualified applicants; 
8.  Prosecution.  May cause the prosecution and enjoinder of individuals violating 
this chapter and incur necessary expenses for those activities; 
9.  Records.  May keep a record of all its proceedings; 
10.  Report.  May make an annual report to the Commissioner of Professional and 
Financial Regulation for each fiscal year showing its receipts and disbursements and 
giving a full account of its activities during the previous 12-month period; 
11.  Budget.  Shall submit to the Commissioner of Professional and Financial 
Regulation its budgetary requirements in the same manner as is provided in Title 5, 
section 1665, and the commissioner shall in turn transmit these requirements to the 
Bureau of the Budget without any revision, alteration or change unless alterations are 
mutually agreed upon by the Department of Professional and Financial Regulation and 
the board or the board's designee. The budget submitted by the board to the commissioner 
must be sufficient to enable the board to comply with this chapter; 
12.  Executive and assistant director.  May appoint and employ qualified 
individuals, not members of the board, to serve as executive director and assistant 
executive director to the board, fix their compensation and define their duties; 
13.  Other employees.  May employ other individuals as may be necessary to carry 
out the work of the board; 
14.  Funds.  May set aside and budget funds for, make contracts for and procure 
goods or services the board determines necessary to accomplish its duties under this 
chapter; 
15.  Accept federal funds.  Notwithstanding section 19128, may accept for the State 
any federal funds appropriated under a federal law relating to the authorized programs of 
the board. The board may undertake the necessary duties and tasks to implement federal 
law with respect to the authorized programs of the board; and 
16.  Rulemaking.  May establish rules to implement the provisions of this chapter.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
§19124.  Disciplinary actions 
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 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 under paragraph A, 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 an existing license is in order, refer the complaint to a dental hygienist 
adjudicatory panel, convened pursuant to section 19129, for the purpose of holding 
an adjudicatory hearing in accordance with the provisions of Title 5, chapter 375, 
subchapter 4; and 
D.  If the board concludes that suspension or revocation of the license is in order, file 
a complaint in the District Court in accordance with Title 4, chapter 5. 
Notwithstanding Title 10, section 8003, subsection 5, any nonconsensual revocation of a 
license by a dental hygienist adjudicatory panel pursuant to Title 10, section 8003 may be 
imposed only after a hearing conforming to the requirements of Title 5, chapter 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. 
2.  Grounds for discipline.  The board may suspend or revoke a license pursuant to 
Title 5, section 10004.  The following are grounds for an action to refuse to issue, modify, 
suspend, revoke or refuse to renew the license of a person licensed under this chapter: 
A.  The practice of fraud or deceit in obtaining a license under this chapter or in 
connection with service rendered within the scope of the license issued;  
B.  Habitual substance abuse that has resulted or is foreseeably likely to result in the 
licensee's performing services in a manner that endangers the health or safety of 
patients; 
C.  A professional diagnosis of a mental or physical condition that has resulted or 
may result in the licensee's performing services in a manner that endangers the health 
or safety of patients; 
D.  Aiding or abetting the practice of a dental hygienist profession by an individual 
who is not licensed under this chapter and who claims to be legally licensed; 
E.  Incompetence in the practice for which the licensee is licensed. A licensee is 
considered incompetent in the practice if the licensee has: 
(1) Engaged in conduct that evidences a lack of ability or fitness to perform the 
duties owed by the licensee to a client or patient or the general public; or 
(2) Engaged in conduct that evidences a lack of knowledge or inability to apply 
principles or skills to carry out the practice for which the licensee is licensed; 
F.  Unprofessional conduct. A licensee is considered to have engaged in 
unprofessional conduct if the licensee violates a standard of professional behavior 
that has been established in the practice for which the licensee is licensed; 
G.  Subject to the limitations of Title 5, chapter 341, conviction of a crime that 
involves dishonesty or false statement or that relates directly to the practice for which 
the licensee is licensed or conviction of a crime for which incarceration for one year 
or more may be imposed; 
H.  A violation of this chapter or a rule adopted by the board; and 
I.  Engaging in false, misleading or deceptive advertising. 
§19125.  Liaison; limitations 
The Commissioner of Professional and Financial Regulation shall act as a liaison 
between the board and the Governor. The commissioner may not exercise or interfere 
with the exercise of discretionary, regulatory or licensing authority granted by statute to 
the board. The commissioner may require the board to be accessible to the public for 
complaints and questions during regular business hours and to provide any information 
the commissioner requires in order to ensure that the board is operating administratively 
within the requirements of this chapter. 
§19126.  Qualifications of executive director 
The executive director appointed pursuant to section 19123, subsection 12 must meet 
all the qualifications for dental hygienist board members required in section 19122. 
§19127.  Compensation 
Eligible members of the board are entitled to compensation in accordance with the 
provisions of Title 5, chapter 379. 
§19128.  Disposition of funds 
All money received by the board under this chapter must be paid to the Treasurer of 
State. The Treasurer of State shall place the money to the credit of the State Board of 
Dental Hygienists Fund, which is established as a nonlapsing, dedicated fund.  All 
amounts paid into this fund must be held subject to the order of the board to be used only 
for the expenses incurred in the performance of the purposes of this chapter and the duties 
imposed by it as well as the promotion of dental hygiene education and standards of 
dental hygiene care in this State. 
§19129.  Dental hygienist adjudicatory panels 
Dental hygienist adjudicatory panels may be convened in accordance with this 
section. 
1.  Purpose of panel.  The purpose of a dental hygienist adjudicatory panel, referred 
to in this section as "a panel," is to conduct adjudicatory hearings independent of the 
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 hygienist practices laws or rules within the preceding 10 
years.  After selection by the board, each member of the pool is subject to review and 
appointment by the Governor.  The pool must be composed of at least 5 independent 
practice dental hygienists 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 4 members appointed from the 
pool under subsection 2: 
A.  One member must be a public member; 
B.  One member must be an independent practice dental hygienist; 
C.  One member must be a dental hygienist; and 
D.  One member must be either an independent practice dental hygienist 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 an 
independent practice dental hygienist, unless the defendant is either an independent 
practice dental hygienist or a dental hygienist, in which case the member filling this 
seat must be of the defendant's profession. 
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 under subsection 2 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 19124, subsection 1, 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 19124, 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. 
11.  Quorum.  Two members of a panel constitute a quorum. 
12.  Repeal.  This section is repealed September 15, 2018. 
SUBCHAPTER 3 
DENTAL HYGIENISTS 
§19141.  Definition 
A dental hygienist who practices under the supervision of a dentist of record may 
perform duties as defined and set forth in the rules of the board, except that nothing in 
this subchapter may be construed to affect the practice of medicine or dentistry or to 
prevent students of a dental college, university or school of dental hygiene from 
practicing dental hygiene under the supervision of their instructors. 
§19142.  Qualifications 
A person 18 years of age or older who has successfully completed 2 years of training 
in a school of dental hygiene approved by the board, or who is a full-time dental student 
who has satisfactorily completed at least half of the prescribed course of study in an 
accredited dental college but has not graduated from a dental college, is eligible to apply 
for examination under section 19143. 
§19143.  Application; fee 
An eligible person desiring to practice dental hygiene must make written application 
to the board to take the examination.  The application must be accompanied by a fee to be 
determined by the board not to exceed $175.  Applicants for licensure must pay a fee set 
by the board for the examination.  The board may recognize a nationally or regionally 
administered examination for applicants to practice dental hygiene in the State. 
§19144.  License; biennial fee  
The board shall issue a license to practice as a dental hygienist in this State to a 
person who has met the licensure requirements. The license must be exhibited publicly at 
the person's place of employment. The license authorizes practice as a dental hygienist in 
this State for the year in which it is issued until the expiration date that appears on the 
license. On or before January 1st of each odd-numbered year, the dental hygienist shall 
pay to the board a license renewal fee of not more than $175 to be determined by the 
board. Dental hygienists who have not paid the renewal fee on or before January 1st must 
be reinstated upon payment of a late fee of not more than $50 to be determined by the 
board if paid 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 
dental hygiene. Reinstatement may be made, if approved by the board, by payment to the 
secretary of the board of a fee determined by the board of not more than $175. A new 
applicant who has paid the application fee shall pay the biennial licensure fee if the 
applicant applies in an odd-numbered year or half the biennial licensure fee if the 
applicant applies in an even-numbered year. 
The board may issue temporary licenses to dental hygienists who present credentials 
satisfactory to the board. The board may charge a fee of up to $25 for a temporary 
license. 
§19145.  Fee for duplicate license 
An applicant for a duplicate license granted upon proof of loss of the original shall 
pay a fee of $15. 
§19146.  Continuing education 
As a condition of renewal of a license to practice, a dental hygienist must submit 
evidence of successful completion of 30 hours of continuing education consisting of 
board-approved courses, including cardiopulmonary resuscitation courses, in the 2 years 
preceding the application for renewal. The board and the dental hygienist shall follow and 
are bound by the provisions of section 1084-A in the implementation of this section. 
§19147.  Mental or physical examination 
For the purposes of this section, by application for and acceptance of a license to 
practice, a licensed dental hygienist is considered to have given consent to a mental or 
physical examination when directed by the board. The board may direct a dental hygienist 
to submit to an examination whenever the board determines the dental hygienist may be 
suffering from a mental illness that may be interfering with the competent practice of 
dental hygiene or from the use of intoxicants or drugs to an extent that they are 
preventing the dental hygienist from practicing dental hygiene competently and with 
safety to patients. A dental hygienist examined pursuant to an order of the board may not 
prevent the testimony of the examining individual or prevent the acceptance into evidence 
of the report of an examining individual. Failure to comply with an order of the board to 
submit to a mental or physical examination results in the immediate suspension of the 
license of the dental hygienist by order of the District Court until the dental hygienist 
submits to the examination. 
§19148.  Licensure requirements for graduates of accredited programs 
In order to be licensed as a dental hygienist under this subchapter, a person who is a 
graduate of a dental hygiene program approved by the American Dental Association 
Commission on Dental Accreditation or its successor organization must meet one of the 
following 2 sets of requirements: 
1.  Standard licensure.  For standard licensure, the applicant must: 
A.  Have received, at least, an associate degree from a dental hygiene program 
accredited by the American Dental Association Commission on Dental Accreditation 
or its successor organization and have provided a notarized statement from the dean 
of the school affirming that the applicant has met all applicable degree requirements; 
B.  Have completed with a passing grade the National Board Dental Hygiene 
Examination or the successor to that examination; 
C.  Have completed with a passing grade the North East Regional Board Dental 
Hygiene Examination or the successor to that examination;  
D.  Have completed with a passing grade the jurisprudence examination given by the 
board; and 
E.  For any applicant who has completed the North East Regional Board Dental 
Hygiene Examination or the successor to that examination more than one year prior 
to application for licensure in the State, have successfully completed a personal 
interview before the board; and 
2.  Licensure by endorsement.  For licensure by endorsement, the applicant must:  
A.  Have graduated from an accredited dental hygiene program; 
B.  If the candidate graduated subsequent to 1964, have completed with a passing 
grade the National Board Dental Hygiene Examination or the successor to that 
examination if such an examination was required; 
C.  Have furnished proof, satisfactory to the board, that the candidate has been duly 
licensed to practice dental hygiene in another state after full compliance with its laws; 
D.  If the candidate graduated subsequent to 1970, have completed with a passing 
grade the North East Regional Board Dental Hygiene Examination or the successor to 
that examination if such an examination was required, except that the board may at its 
discretion waive the North East Regional Board Dental Hygiene Examination or the 
successor to that examination if all other requirements of this subsection have been 
met; 
E.  Have engaged in active clinical practice for a minimum of 3 years prior to 
application; 
F.  Have completed with a passing grade the jurisprudence examination given by the 
board; and 
G.  Have successfully completed a personal interview before the board.  
The board may at its discretion waive the North East Regional Board Dental Hygiene 
Examination or the successor to that examination if all other requirements have been met. 
§19149.  Temporary filling procedures 
A dental hygienist with public health supervision status, as defined by rules adopted 
by the board, may perform temporary filling procedures without a dentist present under 
protocols developed by the board. 
§19150.  Endorsement 
The board may at its discretion, without examination, issue a license to an applicant 
to practice dental hygiene who furnishes proof satisfactory to the board that the applicant 
has been duly licensed for at least 3 years to practice in another state or a Canadian 
province after full compliance with the requirements of its dental laws, except that the 
professional education may not be less than is required in this State. The board may 
require letters of reference as to ability. An applicant for licensure by endorsement who 
meets the requirements of this section must be interviewed in person by the board prior to 
being issued a license. A license so given must state upon its face that it was granted on 
the basis of endorsement. The fee for that license must be determined by the board, but 
may not be more than $175. 
§19151.  Use of former employers' lists; scope of duties 
A dental hygienist may not use or attempt to use in any manner whatsoever any 
prophylactic lists, call lists, records, reprints or copies of those lists, records or reprints, or 
information gathered from these materials, of the names of patients whom the dental 
hygienist might have served in the office of a prior employer, unless these names appear 
on the bona fide call or prophylactic list of the present employer and were caused to so 
appear through the legitimate practice of dentistry as provided for in chapter 16. A dentist 
may not aid or abet or encourage a dental hygienist in the dentist's employ to make use of 
a so-called prophylactic call list or to call by telephone or to use written letters 
transmitted through the mails to solicit patronage from patients formerly served in the 
office of a dentist formerly employing the dental hygienist. 
A dentist may not permit a dental hygienist operating under the dentist's supervision 
to perform an operation other than that permitted under section 19141. 
SUBCHAPTER 4 
INDEPENDENT PRACTICE DENTAL HYGIENISTS 
§19161.  Independent practice 
An independent practice dental hygienist licensed by the board pursuant to this 
subchapter may practice without supervision by a dentist to the extent permitted by this 
subchapter. Any licensee may be the proprietor of a place where independent practice 
dental hygiene is performed and may purchase, own or lease equipment necessary for the 
performance of independent practice dental hygiene.  
A person practicing independent practice dental hygiene as an employee of another 
shall cause that person's name to be conspicuously displayed at the entrance of the place 
where the practice is conducted. 
§19162.  Qualifications for licensure 
To qualify for licensure under this subchapter as an independent practice dental 
hygienist, a person must:  
1.  Eighteen years of age.  Be 18 years of age or older; 
2.  Licensure as dental hygienist.  Possess a valid license to practice dental hygiene 
issued by the board pursuant to subchapter 4 or qualify for licensure as an independent 
practice dental hygienist by endorsement pursuant to section 19164; and 
3.  Education and experience.  Meet the educational and experience requirements 
described in section 19163. 
§19163.  Education and experience 
An applicant for licensure under this subchapter as an independent practice dental 
hygienist must: 
1.  Bachelor's degree and 2,000 hours' experience.  Possess a bachelor's degree in 
dental hygiene from a dental hygiene program accredited by the American Dental 
Association Commission on Dental Accreditation, or its successor organization, and 
document 2,000 work hours of clinical practice in a private dental practice or nonprofit 
dental clinic under direct or general supervision of a dentist during the 4 years preceding 
application; or 
2.  Associate degree and 5,000 hours' experience.   Possess an associate degree in 
dental hygiene from a dental hygiene program accredited by the American Dental 
Association Commission on Dental Accreditation, or its successor organization, and 
document 5,000 work hours of clinical practice in a private dental practice or nonprofit 
dental clinic under direct or general supervision of a dentist during the 6 years preceding 
application. 
§19164.  Licensure by endorsement 
A person eligible for licensure as a dental hygienist by endorsement pursuant to 
section 19148, subsection 2 or section 19150 is also eligible for licensure under this 
subchapter as an independent practice dental hygienist by endorsement if the applicant 
meets the educational and experience requirements set forth in section 19163. 
§19165.  Application  
An applicant for licensure as an independent practice dental hygienist shall apply to 
the board on forms provided by the board. The applicant shall include as part of the 
application such information and documentation as the board may require to act on the 
application. The application must be accompanied by the application fee set under section 
19167. 
§19166.  License; biennial renewal; discontinuation of dental hygienist license 
The board shall issue a license to practice as an independent practice dental hygienist 
to a person who has met the requirements for licensure set forth in this subchapter and has 
paid the application fee under section 19167. There is an initial license fee for 
independent practice dental hygienists licensed by endorsement. 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 1 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 independent 
practice dental hygienist shall pay to the board a license renewal fee. Independent 
practice dental hygienists 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 independent practice dental hygienist. 
Reinstatement of the independent practice dental hygienist license may be made, if 
approved by the board, by payment of a reinstatement fee to the board. 
A dental hygienist license issued by the board pursuant to subchapter 3 automatically 
expires upon issuance under this subchapter of an independent practice dental hygienist 
license to the same person.  
§19167.  Fees 
The board may establish by rule fees for purposes authorized under this subchapter in 
amounts that are reasonable and necessary for their respective purposes, except that the 
fee for any one purpose may not exceed $275. Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
§19168.  Continuing education  
As a condition of renewal under this subchapter of a license to practice, an 
independent practice dental hygienist must submit evidence of successful completion of 
hours of continuing education consisting of board-approved courses in the 2 years 
preceding the application for renewal. The board and the independent practice dental 
hygienist shall follow and are bound by the provisions of section 1084-A in the 
implementation of this section. 
Continuing education completed pursuant to section 19146 may be recognized for 
purposes of this section in connection with the first renewal of an independent practice 
dental hygienist license. 
The board may refuse to issue a license under this subchapter to a person who has not 
completed continuing education required by section 19146 or may issue the license on 
terms and conditions set by the board. 
§19169.  Scope of practice  
1.  Independent practice.  An independent practice dental hygienist licensed under 
this subchapter may perform only the following duties without supervision by a dentist:  
A.  Interview patients and record complete medical and dental histories; 
B.  Take and record the vital signs of blood pressure, pulse and temperature; 
C.  Perform oral inspections, if the independent practice dental hygienist records all 
conditions that should be called to the attention of a dentist; 
D.  Perform complete periodontal and dental restorative charting; 
E.  Perform all procedures necessary for a complete prophylaxis, including root 
planing; 
F.  Apply fluoride to control caries; 
G.  Apply desensitizing agents to teeth;  
H.  Apply topical anesthetics; 
I.  Apply sealants; 
J.  Smooth and polish amalgam restorations, limited to slow speed application only; 
K.  Cement pontics and facings outside the mouth; 
L.  Take impressions for athletic mouth guards and custom fluoride trays; 
M.  Place and remove rubber dams; 
N.  Place temporary restorations in compliance with the protocol adopted by the 
board; and 
O.  Apply topical antimicrobials, excluding antibiotics, including fluoride, for the 
purposes of bacterial reduction, caries control and desensitization in the oral cavity. 
The independent practice dental hygienist shall follow current manufacturer's 
instructions in the use of these medicaments. 
For the purposes of this subsection, "topical" includes superficial and intraoral 
application. 
2.  Practice under supervision.  An independent practice dental hygienist licensed 
under this subchapter may perform duties under the supervision of a dentist as set forth in 
the rules of the board pursuant to section 19141. 
§19170.  Responsibilities 
An independent practice dental hygienist licensed under this subchapter has the duties 
and responsibilities set out in this section with respect to each patient seen in an 
independent capacity pursuant to section 19169, subsection 1. 
1.  Acknowledgment.  Prior to an initial patient visit, an independent practice dental 
hygienist licensed under this subchapter shall obtain from the patient or the parent or 
guardian of a minor patient written acknowledgment of the patient's or parent's or 
guardian's understanding that the independent practice dental hygienist is not a dentist 
and that the service to be rendered does not constitute restorative care or treatment. 
2.  Referral plan.  An independent practice dental hygienist licensed under this 
subchapter shall provide to a patient or the parent or guardian of a minor patient a written 
plan for referral to a dentist for any necessary dental care. The referral plan must identify 
all conditions that should be called to the attention of the dentist. 
§19171.  Mental or physical examination 
For the purposes of this section, by application for and acceptance of a license to 
practice under this subchapter, an independent practice dental hygienist is considered to 
have given consent to a mental or physical examination when directed by the board. The 
board may direct an independent practice dental hygienist to submit to an examination 
whenever the board determines the independent practice dental hygienist may be 
suffering from a mental illness that may be interfering with the competent independent 
practice of dental hygiene or from the use of intoxicants or drugs to an extent that they 
are preventing the independent practice dental hygienist from practicing dental hygiene 
competently and with safety to patients. An independent practice dental hygienist 
examined pursuant to an order of the board may not prevent the testimony of the 
examining individual or prevent the acceptance into evidence of the report of an 
examining individual. Failure to comply with an order of the board to submit to a mental 
or physical examination results in the immediate suspension of the license to practice 
independent dental hygiene by order of the District Court until the independent practice 
dental hygienist submits to the examination. 
§19172.  Use of former employers' lists  
An independent practice dental hygienist may not use or attempt to use in any manner 
whatsoever any prophylactic lists, call lists, records, reprints or copies of those lists, 
records or reprints, or information gathered from these materials, of the names of patients 
whom the independent practice dental hygienist might have served in the office of a prior 
employer, unless these names appear on the bona fide call or prophylactic list of the 
present employer and were caused to so appear through the independent practice of 
dentistry, denturism or independent practice dental hygiene as provided for in this chapter 
and chapter 16. A dentist, denturist or independent practice dental hygienist who employs 
an independent practice dental hygienist may not aid or abet or encourage that 
independent practice dental hygienist to make use of a so-called prophylactic call list or 
to call by telephone or to use written letters transmitted through the mails to solicit 
patronage from patients formerly served in the office of a dentist, denturist or 
independent practice dental hygienist that formerly employed the independent practice 
dental hygienist. 
Sec. 22.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 32, chapter 16, in the chapter headnote, the words 
"dentists and dental hygienists" are amended to read "dentists" and the Revisor of Statutes 
shall implement this revision when updating, publishing or republishing the statutes. 
Sec. 23.  Transition provisions.  
1.  Licenses.  A person who on the effective date of this Act holds a valid dental 
hygienist license issued by the State Board of Dental Examiners maintains that license 
until time of renewal.  At time of renewal, the licensee shall file an application with the 
State Board of Dental Hygienists to obtain a new license. 
2.  Board members.  Dental hygienist board members serving on the State Board of 
Dental Examiners on the effective date of this Act continue to serve on the board until 
their successors are appointed. 
SUMMARY 
This bill establishes the State Board of Dental Hygienists.