An Act To Allow Licensed Independent Practice Dental Hygienists To Expose and Process Radiographs under Protocols Developed by the Board of Dental Examiners
Maine Legislature, Session 127, LD 0918
Committee: Labor, Commerce, Research and Economic Development pursuant to Joint Order, S
Amends: 32 MRSA §1094-Q, 32 MRSA §1100-J

Legislative Document 
No. 918 
S.P. 319 
In Senate, March 12, 2015 
An Act To Allow Licensed Independent Practice Dental Hygienists 
To Expose and Process Radiographs under Protocols Developed by 
the Board of Dental Examiners 
(EMERGENCY) 
Reported by Senator VOLK of Cumberland for the Joint Standing Committee on Labor, 
Commerce, Research and Economic Development pursuant to Joint Order, S.P. 306. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
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 as long as the independent practice dental 
hygienist has 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. 
Sec. 3.  32 MRSA §1100-J, sub-§3, ¶¶C and D, as amended by PL 1993, c. 
600, Pt. A, §96, are further amended to read: 
C.  A person serving in the United States Armed Forces or public health service or 
employed by the Veterans' Administration or other federal agency while performing 
official duties, if the duties are limited to that service or employment; or 
D.  Those persons having a current license to perform radiologic technology pursuant 
to section 9854 and who are practicing dental radiography under the general 
supervision of a dentist or physician.; or 
Sec. 4.  32 MRSA §1100-J, sub-§3, ¶E is enacted to read: 
E.  An independent practice dental hygienist licensed pursuant to subchapter 3-B who 
meets the requirements of section 1094-Q, subsection 1, paragraph P. 
Sec. 5.  Resolve 2011, c. 67, as amended by Resolve 2011, c. 153, §§1 to 3, is 
repealed. 
Sec. 6.  Rules.  The Department of Professional and Financial Regulation, Board of 
Dental Examiners shall adopt rules by July 30, 2015 to implement this Act. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.  Prior to adoption of rules by the board under this section, the rules 
adopted by the board in Rule Chapter 16 pursuant to Resolve 2011, chapter 67 in effect 
on March 11, 2015 apply to a licensed independent practice dental hygienist who wishes 
to expose and process radiographs pursuant to Title 32, section 1094-Q, subsection 1, 
paragraph P, except that the provisions of the rule contained in Chapter 16, Section 1, 
subsections A and B regarding notice to the board and location limitation do not apply. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is reported out by the Joint Standing Committee on Labor, Commerce, 
Research and Economic Development pursuant to joint order. 
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.  This bill 
requires the Department of Professional and Financial Regulation, Board of Dental 
Examiners to adopt routine technical rules by July 30, 2015 for the administration of this 
authorization.  Prior to the adoption of rules, the rules that are in effect for the pilot 
project apply to independent practice dental hygienists who are authorized pursuant to 
this legislation to expose and process radiographs, except that the provisions of the rule 
limiting the authorization to dental health professional shortage areas and requiring an 
independent practice dental hygienist to notify the board of the intent to expose and 
process radiographs do not apply. 
Finally, this bill repeals the resolve that created the pilot project, effective on the 
same day as this legislation. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 03/11/15
LD     
LR 1962(01)
Fiscal Detail and Notes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Additional costs to the Board of Dental Examiners, affiliated with the Department of Professional and Financial 
Regulation, associated with the rulemaking process can be absorbed within existing budgeted resources.
An Act To Allow Licensed Independent Practice Dental Hygienists To Expose and Process 
Radiographs under Protocols Developed by the Board of Dental Examiners
Fiscal Note for Original Bill
Committee: Labor, Commerce, Research and Economic Development
Fiscal Note Required: Yes
LR1962(01) - Fiscal Note - Page 1 of 1