An Act To Improve Access to Dental Care through the Establishment of the Maine Board of Oral Health
Maine Legislature, Session 126, LD 1310
Committee Amendment CA_A_S418 (Senate)
Amends: 32 MRSA §1071, 32 MRSA §1078, 32 MRSA §1099

COMMITTEE AMENDMENT "A " to S.P. 453, L.D. 1310, Bill, "An Act To 
Improve Access to Dental Care through the Establishment of the Maine Board of Oral 
Health" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Improve Access to Dental Care through Empowering the Denturist 
Subcommittee ofthe Board of Dental Examiners' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRS A §1071, first~, as amended by PL 2003, c. 669, §1, is fmiher 
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 members, appointed by the 
Governor as follows: five members of the dental profession, 2 dental hygienists, one 
denturist 3 denturists and one representative of the public. 
Sec. 2. 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 a statewide association of dentists 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 tenn 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Sec. 3. 32 MRSA §1071, sub-§3, as amended by PL 2003, c. 669, §2, is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 453, L.D. 1310 
Sec. 4. 32 MRSA §1071, sub-§3-A, as enacted by PL 2001, c. 260, Pt. B, §2, is 
amended to read: 
3-A. 
Denturists. 
The Governor may accept nominations from a statewide 
association of denturists and from other organizations and individuals. The denturist 
denturists must be qualified pursuant to subchapter :vI Q, must be a legal resident 
residents of the State and~ for appointments made after January 1, 2006, the denturist 
must have practiced in the State for at least 6 years immediately preceding appointment. 
The denturist 11'lel:11:l3er members of the board is-a are full-voting mel:11:l3er members of the 
board. The term ef--the for a member who is a denturist is 5 years. A denturist is not 
eligible to serve as a member of the board while employed by a dentist who is a member 
of the board. 
Sec. 5. 32 MRS A §1076, as amended by PL 1993, c. 659, Pt. B, §5, is further 
amended to read: 
§1076. Budget 
The board 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 cOlmnissioner shall in tum transmit these requirements to the Bureau of the Budget 
without any revision, alteration or change, unless alterations are mutually agreed upon by 
the department 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 
subchapter. The Subcommittee on Denturists established in section 1078 shall submit its 
budgetary requirements to the board, which must be fully funded from revenue generated 
from denturist licensing fees. The board shall compensate the subcommittee for any 
necessary expenditures incurred by the subcommittee in performing its duties under this 
chapter. 
Sec. 6. 32 MRSA §1078, as corrected by RR 2007, c. 2, § 19, is amended to read: 
§1078. Subcommittee on Denturists 
The Subcommittee on Denturists, referred to in this section as "the subcommittee," is 
established as follows. 
, , 
1. Membership. The subcommittee consists of 5 members as follows: 
A. The detrturist 3 denturists who is a mel:11:l3er are members of the board; 
B. 
Two deB-tHrists, appointed by the Governor, Vlno are qualified pursuant to 
subchapter 6, are legal residents of the State and, for appointments made after 
January l, 2006, hW/e practiced in tne State for at least 6 years immediately 
preceding appointment; and 
C. Two dentists One dentist who are members is a member of the board, appointed 
by the president ofthe board;; and 
D. The public representative who is a member ofthe board. 
The subcommittee shall annually elect a chair and a secretary. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 453, L.D. 1310 
2. Terms. Each of the 3 The 5 members of the subcommittee who also are members 
of the board shall serve on the subcommittee for the duration of that menwer's term their 
terms on the board. The term of a member of the sllbcommittee who is not a member of 
the board is 5 years. 
3. Duties. The subcommittee shall: 
A. Perform an initial review of all complaints initiated pursuant to section 1077 
involving denturists. Upon completion of its review of a complaint, the secretary of 
the subcommittee shall report to the board the subcommittee's recommended 
disposition of the complaint in accordance with those dispositions authorized by 
section 1077. Notwithstanding the provisions of section 1077, the board shall adopt 
the subcommittee's recommended disposition of a complaint unless no fewer more 
than 2/3 of the board members who are present and voting vote to reject that 
reco111l11ended disposition; and the board makes a specific finding that a 
recommendation: 
(1) Is beyond the jurisdiction of the subcommittee; 
(2) Places an undue financial burden upon the board; or 
(3) Is not supported by the record; and 
B. Perform an initial review of all applications for licensure as a denturist pursuant to 
section 1100-D and all submissions relating to continuing education of denturists 
pursuant to section 1100-E-1. Upon completion of its review of an application or 
submission, the secretary of the subcommittee shall report to the board the 
subcommittee's recommended disposition of the application or submission, including 
issuance, renewal, denial or nonrenewal of a denturist license. Notwithstanding the 
provisions of section 1100-E, the board shall adopt the subcommittee's recommended 
disposition of an application or submission unless no fe'Ner more than 2/3 of the 
board members who are present and voting vote to rej ect that recommended 
disposition~ and the board makes a specific finding that a recommendation: 
(1) Is beyond the jurisdiction of the subco111l11ittee; 
(2) Places an undue financial burden upon the board; or 
(3) Is not supported by the record. 
4. Compensation. The members of the subcommittee are entitled to compensation 
according to the provisions of Title 5, chapter 379. 
Expenses of the subcommittee 
members must be certified by the secretary of the board. 
5. Rulemaking; proposals originate with subcommittee. Beginning September 1, 
2014, any rule involving denturist licensure, including interviews for licensing and 
renewal, continuing education, discipline and inactive licensure status, may not be 
adopted by the board pursuant to section 1073, subsection 2 or section 1100-C unless it 
originates from a recommendation by the subcommittee to the board. The secretary of 
the subcommittee shall report to the board the proposed rule, and the board shall take 
action on it at the first meeting of the board following the subcommittee's repOlt to the 
board. The board shall either vote to proceed with the rule-making process in accordance 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 453, L.D. 1310 
with the Maine Administrative Procedure Act using the subcommittee's proposed rule or, 
by a vote of more than 2/3 of the board members present and voting, to submit a revision 
of the proposed rule to the subcommittee for its consideration. The subcommittee shall 
either accept or reject the board's revision to the rule, and the secretary shall report the 
subcommittee's final decision to the board. The board shall vote to accept the final 
recommendations of the subcommittee and proceed with the rule-making process in 
accordance with the Maine Administrative Procedure Act using the subcommittee's final 
recommendation for the proposed rule or to reject the recommendations proposed by the 
subcommittee. 
A vote to reject the recommendation proposed by the subcommittee 
requires a vote of more than 2/3 of the board members present and voting, as well as a 
specific finding that the final recommendation of the subcommittee: 
A. Is beyond the jurisdiction of the subcommittee; 
B. Places an undue financial burden upon the board; or 
C. Is not supported by the record. 
Once a proposal for rulemaking has been submitted by the subcommittee and accepted by 
the board, nothing in this section may be construed to restrict the board from conducting 
its duties for rulemaking in accordance with the Maine Administrative Procedure Act. 
6. Meetings. The subcommittee shall hold at least 2 meetings each year. 
Sec. 7. 32 MRS A §1079, as amended by PL 2007, c. 620, Pt. A, §2, is repealed. 
Sec. 8. 32 MRSA §1099, as amended by PL 2007, c. 620, Pt. A, §3, is further 
amended to read: 
§1099. 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 dental 
hygienist 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. :Applicants for licensure by endorsement 
who meet the requirements of this section must be interviev/ed in person by the 
Subcommittee on Dental Hygienists, as established in section 1079 prior to being issued a 
license. Every 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. 
Sec. 9. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 32, 
section 1071, first paragraph and subsection 3-A, the Governor, in making the 
appointments for the 2 new denturist members of the Board of Dental Examiners 
pursuant to this Act, shall designate one appointment for a 4-year term and the other 
appointment for a 5-year term. 
Sec. 10. 
Application. 
This Act does not apply to any license, proceeding, 
proposed rule or other action pending before the Board of Dental Examiners on the 
effective date of this Act.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 453, L.D. 1310 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill. It 
changes the composition of the Board of Dental Examiners by removing the dental 
hygienists from the board and adding 2 denturists to the board. It allows the Governor to 
accept nominations for the positions of dentist and denturist on the board from statewide 
associations of dentists and denturists, as well as from other organizations and 
individuals. It changes the composition of the Subcommittee on Denturists by reducing 
from 2 to one the number of dentists on the subcommittee and adding a public member. 
It also requires that any rule adopted by the board that relates to denturist licensure, 
including interviews for licensing and renewal, continuing education, discipline and 
inactive licensure status, must be proposed by the Subcommittee on Denturists and 
requires the board either to proceed with the rule-making process as proposed by the 
subcommittee's recommendation or, by a vote of more than 2/3 of the board members 
present and voting, to reject that recommendation. To reject the recommendation, the 
board must make a specific finding that the recommendation is beyond the jurisdiction of 
the subcommittee, places an undue financial burden upon the board or is not supported by 
the record. 
The amendment provides that the board must adopt the subcommittee's 
reconunended disposition with respect to a complaint involving a denturist or an 
application for licensure or submission relating to continuing education unless more than 
2/3 of the board members who are present and voting vote to reject the subcommittee's 
recommended disposition and the board makes a specific finding that the 
reconunendation is beyond the jurisdiction of the subcommittee, places an undue 
financial burden upon the board or is not supported by the record. 
It requires the SubcOlmnittee on Denturists to submit its budgetary requirements to 
the board and requires the subcommittee's budget to be fully funded from revenue 
generated from denturist licensing fees. 
It requires the board to compensate the 
subcommittee for any necessary expenditures incurred by the subcommittee in 
performing its duties. 
It also eliminates the Subcommittee on Dental Hygienists. 
It adds an application section and staggers the terms for the 2 new denturist 
appointments to the board. 
FISCAL XOTE REQUIRED_ 
(See at!~chedt 
COMMITTEE AMENDMENT 
Approved: 03/03/14 
.1W'a~ 
LD 1310 
LR 982(02) 
An Act To Improve Access to Dental Care through the Establishment of the Maine Board of Oral 
Health 
Fiscal Note for Bill as Amended by Committee Amendment '~" (S~ttlR') 
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 
Requiring the Board of Dental Examiners, affiliated with the Department of Professional and Financial Regulation, to 
compensate the subcommittee on Denturists for any necessary expenditures incurred by the subcommittee in 
performing its duties may result in increased costs to the Board beginning in fiscal year 2014-15. Requiring the Board 
of Dental Examiners to fully fund the budgetary requirements of the subcommittee on Denturists through revenue 
generated from denturist licensing fees may require an increase in licensing fees to denturists if the revenue received 
from current fees is not sufficient to cover the costs of the subcommittee. The current biennial revenue received from 
denturists licensing fees is $6,000. 
LR0982(02) - Fiscal Note - Page 1 of 1