An Act To Provide Rule-making Powers and Increased Authority over Dental Hygienists to the Subcommittee on Dental Hygienists
Maine Legislature, Session 127, LD 1211
Committee Amendment CA_A_H313 (House)
Amends: 32 MRSA §1079, 32 MRSA §1094-K, 32 MRSA §1094-Q

FmST REGULAR SESSION 
COMMITTEE AMENDMENT" /+' to H.P. 829, L.D. 1211, Bill, "An Act To 
Provide Rule-making Powers and Increased Authority over Dental Hygienists to the 
Subcommittee on Dental Hygienists" 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 32 MRSA §1079, sub-§l, as amended by PL 2007, c. 620, Pt. A, §2, is 
further amended to read: 
1. Membership. The subcommittee consists of 5 members: 
A. A dental hygienist who is a member of the board; 
B. 
+w6 Three dental hygienists, appointed by the Governor, who are qualified 
pursuant to subchapter () 1, are legal residents of the State and have practiced in the 
State for at least 6 years immediately preceding appointment; and 
C. 'PN-O dentists 'Nho are members of the board, aPfJoiftted by the president of the 
beard: 
D. 
One dental hygienist, appointed by the Governor, who is involved in the 
education and training of dental hygienists at an accredited school of dental hygiene. 
The subcommittee shall annually elect a chair and a secretary. 
Sec. 4. 32 MRSA §1079, sub-§2, as enacted by PL 2003, c. 669, §3, is amended 
to read: 
2. Terms. Each of the 3 members The member of the subcommittee who also are 
members is a member of the board shall serve on the subcommittee for the duration of 
that member's term on the board. The term of a each member of the subcommittee who is 
not a member of the board is 5 years.' 
Amend the bill in section 4 in subsection 3 in paragraph B in the 3rd line (page 3, line 
in L.D.) by inserting after the following: "1099" the following: " all applications for 
local anesthesia and nitrous oxide permits' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " 
to H.P. 829, L.D. 1211 
Amend the bill in section 4 in subsection 3 in paragraph C in the first line (page 4, 
line 3 in L.D.) by striking out the following: "Adopt" and inserting the following: 'With 
oversight from the Conunissioner of Professional and Financial Regulation, adopt' 
Amend the bill by inserting after section 6 the following: 
'Sec. 7. 32 MRSA §1094-K, sub-§I, as amended by PL 2009, c. 318, §1, is 
further amended to read: 
1. Bachelor's degree and clinical experience. Possess a bachelor's degree in dental 
hygiene from a dental hygiene program accredited by the American Dental Association 
Commission on Dental Accreditation, or its successor organization, and document 2,000 
work hours of clinical practice in a private dental practice or nonprofit dental clinic under 
direct or general supervision of a dentist during the 4 years preceding application or 3,000 
hours of clinical practice under the general supervision of a dentist as a dental hygienist 
with public health supervision status; or 
Sec. 8. 32 MRSA §1094-Q, sub-§I, ~O, as amended by PL 2015, c. 2, §1, is 
further amended to read: 
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; aad 
Sec. 9. 32 MRSA §1094-Q, sub-§I, ~, as enacted by PL 2015, c. 2, §2, is 
amended 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~; and 
Sec. 10. 32 MRSA §1094-Q, sub-§I, ~Q is enacted to read: 
Q. Take impressions and fabricate teeth whitening trays and dispense teeth whitening 
solution.' 
Amend the bill in section 14 in § 1094-EE in the first paragraph in the 2nd line (page 
6, line 39 in L.D.) by striking out the following: "35" and inserting the following: '~ 30' 
Amend the bill by striking out all of section 28 and inserting the following: 
'Sec. 28. Transition provisions. 
1. Subcommittee membership. Notwithstanding the Maine Revised Statutes, Title 
32, section 1079, subsection 1, the members of the Board of Dental Examiners, 
Subcommittee on Dental Hygienists on the effective date of this Act continue to serve 
until appointments are made to implement this Act. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .oR" to H.P. 829, L.D. 1211 
2. Rules. Until the Board of Dental Examiners, Subcommittee on Dental Hygienists 
adopts rules relating to the operation of the subcommittee and the licensure and practice 
of dental hygienists, independent practice dental hygienists, dental hygiene therapists, 
registered dental hygienists and dental hygienists with public health supervision status, as 
authorized by Title 32, section 1073, subsection 2 and sections 1094-KK and 1098-E, the 
rules adopted by the board and in effect on the effective date of this Act remain in effect. 
Sec. 29. Appropriations and allocations. The following appropriations and 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF 
Dental Examiners - Board of 0384 
Initiative: Allocates funds for the per diem and All Other costs to support the additional 
responsibilities of the Subcommittee on Dental Hygienists. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2015-16 
$1,230 
$47,274 
$48,504 
2016-17 
$3,540 
$58,555 
$62,095 
Dental Examiners - Board of 0384 
Initiative: Allocates funds for one part-time Office Specialist I position and related All 
Other costs to address the increased workload of the board and the Subcommittee on 
Dental Hygienists. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
PROFESSIONAL AND FINANCIAL 
REGULATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2015-16 
0.500 
$24,431 
$4,732 
$29,163 
2015-16 
$77,667 
$77,667 
2016-17 
0.500 
$33,332 
$2,943 
$36,275 
2016-17 
$98,370 
$98,370 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 829, L.D. 1211 
SUMMARY 
This amendment is the minority report of the committee. It makes the following 
changes to the bill. 
'1. It increases the number of dental hygienists and removes the dentists on the Board 
of Dental Examiners, Subcommittee on Dental Hygienists. 
2. It requires the subcommittee to review all nitrous oxide and local anesthesia 
permits. 
3. It changes the number of continuing education hours required for the renewal of a 
dental hygiene therapist license from 35 to 30. 
4. It allows a dental hygienist with public health supervision status and 3,000 hours 
of clinical practice under general supervision of a dentist to apply for licensure as an 
independent practice dental hygienist. 
5. It adds taking impressions and fabricating teeth whitening trays and dispensing 
teeth whitening solution to the scope of practice for an independent practice dental 
hygienist. 
6. It requires the Commissioner of Professional and Financial Regulation to provide 
oversight over the subcommittee's routine technical rule-making process. 
7. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/29/15 
Mae 
LD 1211 
LR655(02) 
An Act To Provide Rule-making Powers and Increased Authority over Dental Hygienists to the 
Subcommittee on Dental Hygienists 
Fiscal Note for Bill as Amended by Committee Amendment ,~, CfJ --31 ~ 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
FY 2015-16 
FY 2016-17 
FY 2017-18 
FY 2018-19 
Appropriations/Allocations 
Other Special Revenue Funds 
$77,667 
$98,370 
$100,426 
$102,606 
Revenue 
Other Special Revenue Funds 
$77,667 
$98,370 
$100,426 
$102,606 
Fiscal Detail and Notes 
This bill includes Other Special Revenue Funds allocations of $77,667 in fiscal year 2015-16 and $98,370 in fiscal 
year 2016-17 to the Board of Dental Examiners, affiliated with the Department of Professional and Financial 
Regulation, for one half-time Office Specialist I position, additional per diem costs and related all other costs 
including legal, financial and technology services associated with the increased duties and responsibilities of the 
Subcommittee on Dental Hygienists. 
According to an analysis performed by the Department of Professional and Financial Regulation, fee increases will be 
required to support the cost of this legislation. This fiscal note assumes fees will be increased to a level sufficient to 
generate the additional revenue needed to cover the increased costs to the board. 
LR0655(02) - Fiscal Note - Page 1 of 1