An Act To Conform Maine Law to the Requirements of the American Dental Association Commission on Dental Accreditation
Maine Legislature, Session 127, LD 1514
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SIROCKI, BURNS, BLACK, MASTRACCIO, DILL, PATRICK
Amends: 32 MRSA §1094-A, 32 MRSA §1094-B, 32 MRSA §1094-F, 32 MRSA §1094-G, 32 MRSA §1094-H

Legislative Document 
No. 1514 
H.P. 1037 
House of Representatives, December 28, 2015 
An Act To Conform Maine Law to the Requirements of the 
American Dental Association Commission on Dental Accreditation 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 22, 2015.  Referred to the Committee on 
Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed pursuant to Joint Rule 401. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SIROCKI of Scarborough. 
Cosponsored by Senator BURNS of Washington and 
Representatives: BLACK of Wilton, MASTRACCIO of Sanford, Senators: DILL of 
Penobscot, McCORMICK of Kennebec, PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1094-AA, as enacted by PL 2013, c. 575, §7, is amended to 
read: 
§1094-AA.  Dental hygiene therapist 
A dental hygienist or independent practice dental hygienist licensed by the board 
pursuant to this chapter may practice as a licensed dental hygiene therapist to the extent 
permitted by this subchapter.  To qualify for licensure under this subchapter as a dental 
hygiene therapist, a person shall apply to the board on forms provided by the board, pay 
the application fee under section 1094-DD and demonstrate to the board that the 
applicant: meets the requirements of this section. 
1.  Licensure.  Possesses The applicant must possess a valid license to practice dental 
hygiene or independent practice dental hygiene pursuant to this chapter or qualifies for 
licensure to practice by endorsement pursuant to section 1094-L;. 
2.  Educational program standards and requirements.  Has successfully 
completed a dental hygiene therapy education program that: 
A.  Is accredited by the American Dental Association Commission on Dental 
Accreditation or a successor organization; 
B.  Is a minimum of 4 semesters; 
C.  Is consistent with the model curriculum for educating dental hygiene therapists 
adopted by the American Association of Public Health Dentistry, or a successor 
organization, is consistent with existing dental hygiene therapy programs in other 
states and is approved by the board; and 
D.  Meets the requirements for dental hygiene therapy education programs adopted 
by the board; 
2-A.  Education program standards and requirements.  The applicant: 
A.  Has successfully completed a dental hygiene therapy education program and been 
awarded a Bachelor of Science degree or higher in a dental hygiene therapy education 
program that: 
(1) Is accredited by the American Dental Association Commission on Dental 
Accreditation or a successor organization approved by the board; or 
(2) Meets the requirements for dental hygiene therapy education programs 
adopted by the board; and 
B.  Has passed a comprehensive, competency-based clinical examination approved 
by the board and administered independently of an institution providing dental 
hygiene therapy education and has passed an examination of the applicant's 
knowledge of Maine laws and rules relating to the practice of dentistry. An applicant 
who fails the clinical examination twice may not take the clinical examination again 
until further education and training, as specified by the board, are obtained. 
3.  Bachelor of Science degree.  Has been awarded a Bachelor of Science degree in 
dental hygiene.  In order to meet the requirements of this subsection, an applicant must 
hold at least an associate degree in dental hygiene before entering a dental hygiene 
therapy education program that meets the requirements of subsection 2, which may be 
completed concurrently or consecutively with a Bachelor of Science degree in dental 
hygiene; 
4.  Examination.  Has passed a comprehensive, competency-based clinical 
examination approved by the board and administered independently of an institution 
providing dental hygiene therapy education and has passed an examination of the 
applicant's knowledge of Maine laws and rules relating to the practice of dentistry.  An 
applicant who fails the clinical examination twice may not take the clinical examination 
again until further education and training, as specified by the board, are obtained; and 
5.  Supervised clinical practice.  Has The applicant must have completed 2,000 
hours of supervised clinical practice under the supervision of a dentist licensed under this 
chapter and in conformity with rules adopted by the board, during which supervised 
clinical practice the applicant holds a provisional dental hygiene therapy license pursuant 
to section 1094-BB.  For purposes of meeting the requirements of this subsection, an 
applicant's hours of supervised clinical experience while enrolled in the  4-semester 
dental training hygiene therapy education program may be included. 
6.  Licensure by endorsement.  As an alternative to the requirements of subsections 
to 5, an applicant may meet the requirements for licensure by endorsement as a dental 
hygiene therapist.  For licensure by endorsement, the applicant must: 
A.  Be a graduate of a dental hygiene therapy education program or its equivalent; 
B.  Furnish proof satisfactory to the board that the applicant has been duly licensed to 
practice dental hygiene therapy in another state after full compliance with its laws; 
and 
C.  Have engaged in active clinical practice for a minimum of 3 years prior to 
application. 
Sec. 2.  32 MRSA §1094-BB, as enacted by PL 2013, c. 575, §7, is amended to 
read: 
§1094-BB.  Provisional dental hygiene therapy license 
The board shall issue a provisional dental hygiene therapy license to an applicant for 
licensure under this subchapter who has met the requirements of section 1094-AA, 
subsections 1 to  4  5 and rules adopted by the board and who has paid a fee established 
by the board of not more than $175.  During the period of provisional licensure, which 
may not exceed 3 years, the applicant shall maintain in good standing the applicant's 
license to practice as a dental hygienist or an independent practice dental hygienist.  
During the period of provisional licensure the applicant may be compensated for services 
performed as a dental hygiene therapist. 
Sec. 3.  32 MRSA §1094-FF, as enacted by PL 2013, c. 575, §7, is amended to 
read: 
§1094-FF.  Limitation of practice 
Upon completion of 2,000 hours of supervised clinical practice under section 
1094-AA, subsection  4  5 a dental hygiene therapist may provide services within the 
scope of practice provided in section 1094-HH and under the direct supervision of a 
dentist who is licensed in this State in the following health settings: a hospital; a public 
school, as defined in Title 20-A, section 1, subsection 24; a nursing facility licensed 
under Title 22, chapter 405; a residential care facility licensed under Title 22, chapter 
1663; a clinic; a health center reimbursed as a federally qualified health center as defined 
in 42 United States Code, Section 1395x(aa)(4) (1993) or that has been determined by the 
federal Department of Health and Human Services, Centers for Medicare and Medicaid 
Services to meet the requirements for funding under Section 330 of the Public Health 
Service Act, 42 United States Code, Section 254(b); a federally qualified health center 
licensed in this State; a public health setting that serves underserved populations as 
recognized by the federal Department of Health and Human Services; or a private dental 
practice in which at least 50% of the patients who are provided services by that dental 
hygiene therapist are covered by the MaineCare program under Title 22 or are 
underserved adults. 
Sec. 4.  32 MRSA §1094-GG, first ¶, as enacted by PL 2013, c. 575, §7, is 
amended to read: 
A dental hygiene therapist may practice only under the direct supervision of a dentist 
who is licensed in this State, referred to in this subchapter as "the supervising dentist," 
and through a written practice agreement signed by both parties.  For the purposes of this 
section, a written practice agreement is a signed document that, in conformity with the 
legal scope of practice provided in section 1094-HH, outlines the functions that the dental 
hygiene therapist is authorized to perform.  A dental hygiene therapist may practice only 
under the standing order of a dentist, may provide only care that follows written protocols 
and may provide only services that the dental hygiene therapist is authorized to provide 
by that dentist. 
Sec. 5.  32 MRSA §1094-HH, first ¶, as enacted by PL 2013, c. 575, §7, is 
amended to read: 
A dental hygiene therapist may provide the care and services listed in this section and 
may provide them only under the direct supervision of a dentist licensed in this State.  A 
dental hygiene therapist practicing under general supervision of a dentist may perform all 
duties of a dental hygiene therapist listed in rules adopted by the board.  A dental hygiene 
therapist who is licensed as a dental hygienist may perform all of the duties of a dental 
hygienist under this chapter.  A dental hygiene therapist who is licensed as an 
independent practice dental hygienist may perform all of the duties of an independent 
practice dental hygienist.  A dental hygiene therapist may: 
SUMMARY 
This bill amends the licensing and practice requirements for a dental hygiene 
therapist by: 
1.  Specifying that an applicant who has successfully completed a dental hygiene 
therapy education program that is accredited by either the American Dental Association 
Commission on Dental Accreditation or a successor organization or the Board of Dental 
Examiners meets the requirements for having completed a dental hygiene therapy 
education program; 
2.  Specifying that a degree in dental hygiene therapy above a Bachelor of Science 
degree is acceptable; 
3. Removing the requirements that a dental hygiene therapy education program be 
consistent with a specified model curriculum, be consistent with programs in other states 
and be approved by the board; 
4.  Removing the requirement that an applicant hold an associate degree in dental 
hygiene before entering a dental hygiene therapy education program; 
5.  Removing the requirement that a dental hygiene therapist be under the direct 
supervision of a dentist; and 
6.  Allowing a person to be licensed as a dental hygiene therapist in this State if that 
person was graduated from a dental hygiene therapy education program, is licensed to 
practice as a dental hygiene therapist in another state and has engaged in active clinical 
practice for at least 3 years prior to applying for a license in this State.