An Act To
Maine Legislature, Session 126, LD 1230
Committee Amendment CA_B_H532 (House)
Amends: 32 MRSA §1094-E, 32 MRSA §109, 32 MRSA §1094-G, 32 MRSA §1094-H, 32 MRSA §1094-Q, 32 MRSA §1

COMMITTEE AMENDMENT .:/3" to H.P. 870, L.D. 
Improve Access to Oral Health Care" 
1230, Bill, "An Act To 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRS A § 1 094-D, as amended by PL 2007, c. 620, Pt. C, §9, is further 
amended to read: 
§1094-D. Definitions 
As used in this subchapter, unless the context otherwise indicates, "expanded 
function dental assistaat auxilill!y" means an individual who holds a current valid 
certification under this subchapter to perform reversible intraoral procedures, perform 
cementation of permanent crowns and onlays, administer final impressions and perform 
digital imaging as authorized by this subchapter under the direct supervision of a licensed 
dentist and under an assignment of duties by a dentist. As used in this subchapter, unless 
the context otherwise indicates, "reversible intraoral procedures" means placing and 
removing rubber dams and ma.trices; placing and contouring amalgam, composite and 
. 
other restorative materials; applying sealants; supra gingival polishing; and other 
reversible procedures defined by the board not designated by this chapter to be performed 
only by licensed dentists, dental hygienists or independent practice dental hygienists. 
Sec. 2. 32 MRSA §1094-E, first ~, as enacted by PL 2005, c. 322, §1, is 
amended to read: 
An expanded function dental assistaat auxiliary may not perform the following 
procedures: 
Sec. 3. 32 MRSA §109'4-F, as enacted by PL 2005, c. 322, §l, is amended to 
read: 
COMMI'TTEE AMENDMENT 
\\. Of S COMMITIEE AMENDMENT)3" to H.P. 870, L.D. 1230 
§1094-F. Supervision 
An expanded function dental assistaflt auxiliary shall perform under the direct 
supervision of a dentist. As used in this section, "direct supervision" means that a dentist 
is in the dental office or treatment facility, personally diagnoses the condition to be 
treated, personally authorizes the condition to be treated and remains in the dental office 
or treatment facility while the procedure is being performed by the expanded function 
dental assistatlt auxiliary and, before dismissal of the patient, evaluates the work 
performed by the expanded function dental assistaflt auxiliary. 
Sec. 4. 32 MRSA §1094-G, first ~, as enacted by PL 2005, c. 322, §1, is 
amended to read: 
The board may certify as an expanded function dental assistaflt auxiliary a person 18 
years of age or older who submits an application on forms furnished by the board 
together with the required fee to be determined by the board, not to exceed $100, and: 
Sec. 5. 32 MRS A §1094-G, sub-§2, as enacted by PL 2005, c. 322, §1, is 
amended to read: 
2. Is credentialed by another state or province. Is credentialed to perform as an 
expanded function dental assistlHlt auxiliary by another state or Canadian province, the 
standards of which are acceptable to the board. 
Sec. 6. 32 MRSA §1094-H, first ~, as enacted by PL 2005, c. 322, §1, is 
amended to read: 
Certificates must be renewed every 5 years. On or before the expiration of the 
certificate, the expanded function dental assistatlt auxiliary must pay to the board a 
certification renewal fee of not more than $100 to be determined by the board. Expanded 
function dental assistants auxiliaries who have not paid the renewal fee on or before the 
expiration of the 5-year certificate must be reinstated upon payment of a late fee of not 
more than $50 to be determined by the board if paid within 30 days of the certificate's 
expiration date. 
Failure to be properly certified within 30 days results in automatic 
suspension of a certificate to practice. Reinstatement may be made, if approved by the 
board, by payment to the secretary-treasurer of the board of a fee determined by the board 
of not more than $100. 
Sec. 7. 32 MRSA §1094-Q, sub-§l, ~~ and 0, as enacted by PL 2007, c. 620, 
Pt. B, § 1, are amended to read: 
N. Place temporary restorations in compliance with the protocol adopted by the 
board; aOO 
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",; and 
Sec. 8. 32 MRS A §1094-Q, sub-§l, ~p is enacted to read: 
P. 
Perform atraumatic restorative technique, upon successful completion of 
additional training established by the board. For the purposes of this paragraph, 
COMMITTEE AMENDMENT 
~ 01t ~ 
COMMI1TEE AMENDMENT j3.'O H.P. 870, L.D. 1230 
"atraumatic restorative technique" means a procedure to identify and remove tooth 
decay using a simple hand tool alone and restore the cavity with an adhesive 
restorative material. 
Sec. 9. 32 MRS A §1098-E, as enacted by PL 2005, c. 198, §1, is amended to 
read: 
§1098-E. Temporary filling p"ocedures; atraumatic restorative technique 
A dental hygienist with public health supervision status, as defined by rules adopted 
by the Board of Dental Examiners, may perform temporary filling procedures without a 
dentist present under protocols developed by the Board of Dental Examiners. Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
In addition to temporary filling procedures, a dental hygienist with public health 
supervision status who successfully completes additional training established by the 
board may perform atraumatic restorative technique. For the purposes of this paragraph, 
"atraumatic restorative technique" means a procedure to identify and remove tooth decay 
using a simple hand tool alone and restore the cavity with an adhesive restorative 
material. 
Sec. 10. 32 MRSA §1l00-A, as amended by PL 2007, c. 620, Pt. C, §1O, is 
further amended to read: 
§ 11 OO-A. Definition 
Duties of dental auxiliaries other than dental hygienists and expanded function dental 
assistaflts auxiliaries must be ddined 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, 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, I!xpanded function dental assistaflts auxiliaries, dental 
laboratory technicians and denturists. 
Sec. 11. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 32, chapter 16, subchapter 3-A, in the subchapter 
headnote, the words "expanded function dental assistant" are amended to read "expanded 
function dental auxiliary" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes.' 
SUMMARY 
This amendment is the minority report of the committee. It replaces the bill and 
broadens the scope of practice for dental hygienists with public health supervision status 
and independent practice dental hygienists who have successfully completed additional 
training established by the Department of Professional and Financial Regulation, Board 
of Dental Examiners to include the performance of atraumatic restorative technique. It 
defines "atraumatic restorative technique" to mean a procedure to identify and remove 
tooth decay using a simple hand tool alone and restore the cavity with an adhesive 
restorative material. 
It also changes the designation of expanded function dental 
COMMrrTEE AMENDMENT 
~ 
o~£, 
COMMITTEE AMENDMENTj" to H.P. 870, L.D. 1230 
assistants to "expanded function dental auxiliary" and broadens their scope of practice, 
which currently includes the performance of reversible intraoral procedures, to include 
the cementation of permanent crowns and onlays, the administering of final impressions 
and the performance of digital imaging under the direct supervision of a licensed dentist. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: OS/29/13 .:tYac:.. 
LD 1230 
LR 1022(03) 
An Act To ImpJrove Access to Oral Health Care 
Fiscal Note for Bill as Amended by Committee Amendment $ C H -5 3~ 
Committee: Labor, Commerce, Research and Economic Development 
Fisc~II Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Board of Dental Examiner.;, affiliated with the Department of Professional and Financial 
Regulation, associated with establishing the requi:ed training can be absorbed within existing budgeted resources. 
LR1022(03) - Fiscal Note - Page 1 of 1