An Act To Allow Independent Practice Dental Hygienists To Take X-rays
Maine Legislature, Session 127, LD 0671
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SIROCKI
Amends: 32 MRSA §1094-Q

Legislative Document 
No. 671 
H.P. 452 
House of Representatives, March 3, 2015 
An Act To Allow Independent Practice Dental Hygienists To Take 
X-rays 
(EMERGENCY) 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SIROCKI of Scarborough. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, pursuant to Resolve 2011, chapters 67 and 153, independent practice 
dental hygienists in certain underserved areas of the State are allowed to expose and 
process radiographs; and 
Whereas, this authorization is set to expire on March 15, 2015; and 
Whereas, this legislation, which continues the authorization and expands its 
application to the entire State, needs to take effect prior to March 15, 2015 to avoid an 
interruption in the services; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1094-Q, sub-§1, ¶¶N and O, 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; 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.; and 
Sec. 2.  32 MRSA §1094-Q, sub-§1, ¶P is enacted to read: 
P.  Expose and process radiographs, including but not limited to vertical and 
horizontal bitewing films, periapical films, panoramic images and full-mouth series, 
under protocols developed by the board. 
Sec. 3.  Rules.  The Department of Professional and Financial Regulation, Board of 
Dental Examiners shall adopt rules to allow independent practice dental hygienists to 
expose and process radiographs pursuant to the Maine Revised Statutes, Title 32, section 
1094-Q, subsection 1, paragraph P.  The rules must require that an independent practice 
dental hygienist have a written agreement with a licensed dentist providing that the 
dentist will be available to interpret all dental radiographs within 21 days from the date 
the radiograph is taken and that the dentist will sign a radiographic review and findings 
form.  Rules adopted pursuant to this section are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Under a pilot project that is scheduled to expire on March 15, 2015, independent 
practice dental hygienists are allowed to expose and process radiographs in areas of the 
State that have been designated by the United States Department of Health and Human 
Services as dental health professional shortage areas. 
This bill continues the authority of these independent practice dental hygienists to 
expose and process radiographs indefinitely, under the same restrictions as imposed under 
the pilot project, except that the authorization applies in the entire State.