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: Labor, Commerce, Research and Economic Development
Sponsors: SIROCKI
Amends: 32 MRSA §1073, 32 MRSA §1077-A, 32 MRSA §1079, 32 MRSA §1094-I, 32 MRSA §1094-J, 32 MRSA §1094-Q, 32 MRSA §1094-S, 32 MRSA §1094-A, 32 MRSA §1094-B, 32 MRSA §1094-D, 32 MRSA §1094-E, 32 MRSA §1094-G, 32 MRSA §1094-H, 32 MRSA §1094-K, 32 MRSA §1095, 32 MRSA §1096, 32 MRSA §1097, 32 MRSA §1098, 32 MRSA §1098-C, 32 MRSA §1098-D, 32 MRSA §1098-E, 32 MRSA §1099, 32 MRSA §1100-A

Legislative Document 
No. 1211 
H.P. 829 
House of Representatives, April 2, 2015 
An Act To Provide Rule-making Powers and Increased Authority 
over Dental Hygienists to the Subcommittee on Dental Hygienists 
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. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1073, sub-§2, as amended by PL 1997, c. 107, §4, is further 
amended to read: 
2.  Rules.  Adopt rules in accordance with the Maine Administrative Procedure Act 
that are necessary for the implementation of this chapter, except for rules relating to the 
operation of the Subcommittee on Dental Hygienists and the licensure and practice in this 
State of dental hygienists, independent practice dental hygienists, dental hygiene 
therapists, registered dental hygienists and dental hygienists with public health 
supervision status.  The rules may include, but need not be limited to, requirements for 
licensure, interviews for licensing and renewal, continuing education, inactive licensure 
status, use of general anesthesia and fees for providing a list of addresses of licensed 
professionals upon request; 
Sec. 2.  32 MRSA §1077-A is enacted to read: 
§1077-A.  Disciplinary actions involving dental hygienists 
Notwithstanding section 1077, the Subcommittee on Dental Hygienists, referred to in 
this section as "the subcommittee," has exclusive jurisdiction over all disciplinary actions 
or other actions regarding noncompliance with or violation of this chapter, or rules 
adopted pursuant to this chapter, by a licensed dental hygienist, independent practice 
dental hygienist, dental hygiene therapist, registered dental hygienist or dental hygienist 
with public health supervision status, referred to in this section as "the licensee." 
1.  Disciplinary proceedings and sanctions.  The subcommittee shall investigate a 
complaint on its own motion or upon receipt of a written complaint filed with the board 
or the subcommittee. 
The subcommittee shall notify the licensee of the content of a complaint filed against the 
licensee as soon as possible, but no later than 60 days from receipt of this information. 
The licensee shall respond within 30 days.  If the licensee's response to the complaint 
satisfies the subcommittee that the complaint does not merit further investigation or 
action, the matter may be dismissed, with notice of the dismissal to the complainant, if 
any. 
If, in the opinion of the subcommittee, the factual basis of the complaint is or may be 
true, and the complaint is of sufficient gravity to warrant further action, the subcommittee 
may request an informal conference with the licensee. The subcommittee shall provide 
the licensee with adequate notice of the conference and of the issues to be discussed. The 
conference must be conducted in executive session of the subcommittee, pursuant to Title 
1, section 405, unless otherwise requested by the licensee. Statements made at the 
conference may not be introduced at a subsequent formal hearing unless all parties 
consent. 
If the subcommittee finds that the factual basis of the complaint is true and is of sufficient 
gravity to warrant further action, it may take any of the following actions it considers 
appropriate: 
A.  With the consent of the licensee, enter into a consent agreement that takes any 
action authorized by Title 10, section 8003, subsection 5 or Title 10, section 8003-D.  
A consent agreement may be used to terminate a complaint investigation if entered 
into by the subcommittee, the licensee and the Attorney General's office; 
B.  In consideration for acceptance of a voluntary surrender of the license, if a 
consent agreement is signed by the subcommittee, the licensee and the Attorney 
General's office, negotiate stipulations, including terms and conditions for 
reinstatement, that ensure protection of the public health and safety and that serve to 
rehabilitate or educate the licensee; or 
C.  If the subcommittee concludes that suspension or revocation of the license is in 
order, the subcommittee may file a complaint in the District Court in accordance with 
Title 4, chapter 5. 
Notwithstanding Title 10, section 8003, subsection 5, any nonconsensual revocation of a 
license by a dental adjudicatory panel pursuant to Title 10, section 8003 may be imposed 
only after a hearing conforming to the requirements of Title 5, chapter 375, subchapter 4 
and is subject to judicial review exclusively in the Superior Court in accordance with 
Title 5, chapter 375, subchapter 7.  The subcommittee retains the authority to take any 
other action pursuant to this section and Title 10, section 8003 regarding the disposition 
of any complaint that does not involve an adjudicatory hearing. 
2.  Grounds for discipline.  The subcommittee may suspend or revoke a license 
pursuant to Title 5, section 10004.  The following are grounds for an action to suspend or 
revoke or refuse to issue, modify or renew the license of a licensee: 
A.  The practice of fraud or deceit in obtaining a license under this chapter or in 
connection with service rendered within the scope of the license issued; 
B.  Misuse of alcohol, drugs or other substances that has resulted or may result in the 
licensee performing services in a manner that endangers the health or safety of 
patients; 
C.  A professional diagnosis of a mental or physical condition that has resulted or 
may result in the licensee performing services in a manner that endangers the health 
or safety of patients; 
D.  Aiding or abetting the practice of a dental profession by an individual who is not 
licensed under this chapter and who claims to be legally licensed; 
E.  Incompetence in the practice for which the licensee is licensed.  A licensee is 
considered incompetent in the practice if the licensee has: 
(1)  Engaged in conduct that evidences a lack of ability or fitness to perform the 
duties owed by the licensee to a client or patient or the general public; or 
(2)  Engaged in conduct that evidences a lack of knowledge or inability to apply 
principles or skills to carry out the practice for which the licensee is licensed; 
F.  Unprofessional conduct.  A licensee is considered to have engaged in 
unprofessional conduct if the licensee violates a standard of professional behavior 
that has been established in the practice for which the licensee is licensed; 
G.  Subject to the limitations of Title 5, chapter 341, conviction of a crime that 
involves dishonesty or false statement or that relates directly to the practice for which 
the licensee is licensed, or conviction of a crime for which incarceration for one year 
or more may be imposed; 
H.  A violation of this chapter or a rule adopted by the subcommittee; or 
I.  Engaging in false, misleading or deceptive advertising. 
Sec. 3.  32 MRSA §1079, sub-§1, 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.  Two dental hygienists, appointed by the Governor, who are qualified pursuant to 
subchapter 6 4, are legal residents of the State and have practiced in the State for at 
least 6 years immediately preceding appointment; and 
C.  Two dentists One dentist who are members is a member of the board, appointed 
by the president of the board.; and 
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-§3, as amended by PL 2007, c. 620, Pt. A, §2, is 
further amended to read: 
3.  Duties.  The subcommittee shall: 
A.  Perform an initial a review of and take appropriate action on all complaints 
initiated pursuant to section 1077 1077-A involving dental hygienists.  Upon 
completion of its review of a complaint, the secretary of the subcommittee shall 
report to the board the subcommittee's recommended disposition of the complaint in 
accordance with those dispositions authorized by section 1077.  Notwithstanding the 
provisions of section 1077, the board shall adopt the subcommittee's recommended 
disposition of a complaint unless no fewer than 2/3 of the board members who are 
present and voting vote to reject that recommended disposition; and 
B.  Perform an initial a review of all applications for licensure as a dental hygienist 
pursuant to section 1097, all submissions relating to continuing education of dental 
hygienists pursuant to sections 1098-B and 1099 and all submissions relating to 
public health supervision status of dental hygienists as defined by board rule.  Upon 
completion of its review of an application or submission, the secretary of the 
subcommittee shall report to the board the subcommittee's recommended disposition 
of take appropriate action on the application or submission, including issuance, 
renewal, denial or nonrenewal of a dental hygienist license.  Notwithstanding the 
provisions of section 1098, the board shall adopt the subcommittee's recommended 
disposition of an application or submission unless no fewer than 2/3 of the board 
members who are present and voting vote to reject that recommended disposition.; 
and 
C.  Adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, 
relating to the operation of the subcommittee and the licensure and practice of dental 
hygienists in this State. 
Sec. 5.  32 MRSA §1094-I, as enacted by PL 2007, c. 620, Pt. B, §1, is amended 
to read: 
§1094-I.  Independent practice 
An independent practice dental hygienist licensed by the board Subcommittee on 
Dental Hygienists pursuant to this subchapter may practice without supervision by a 
dentist to the extent permitted by this subchapter. Any licensee of the board 
subcommittee may be the proprietor of a place where independent practice dental hygiene 
is performed and may purchase, own or lease equipment necessary for the performance of 
independent practice dental hygiene. 
A person practicing independent practice dental hygiene as an employee of another 
shall cause that person's name to be conspicuously displayed at the entrance of the place 
where the practice is conducted. 
Sec. 6.  32 MRSA §1094-J, sub-§2, as enacted by PL 2007, c. 620, Pt. B, §1, is 
amended to read: 
2.  Licensure as dental hygienist. Possess a valid license to practice dental hygiene 
issued by the board Subcommittee on Dental Hygienists pursuant to subchapter 4 or 
qualify for licensure as an independent practice dental hygienist by endorsement pursuant 
to section 1094-L; and 
Sec. 7.  32 MRSA §1094-Q, sub-§2, as enacted by PL 2007, c. 620, Pt. B, §1, is 
amended to read: 
2.  Practice under supervision.  An independent practice dental hygienist licensed 
under this subchapter may perform duties under the supervision of a dentist as set forth in 
the rules of the board Subcommittee on Dental Hygienists pursuant to section 1095. 
Sec. 8.  32 MRSA §1094-S, as enacted by PL 2007, c. 620, Pt. B, §1, is amended 
to read: 
§1094-S.  Mental or physical examination 
For the purposes of this section, by application for and acceptance of a license to 
practice under this subchapter, an independent practice dental hygienist is considered to 
have given consent to a mental or physical examination when directed by the board 
Subcommittee on Dental Hygienists.  The board subcommittee may direct an independent 
practice dental hygienist to submit to an examination whenever the board subcommittee 
determines the independent practice dental hygienist may be suffering from a mental 
illness that may be interfering with the competent independent practice of dental hygiene 
or from the use of intoxicants or drugs to an extent that they are preventing the 
independent practice dental hygienist from practicing dental hygiene competently and 
with safety to patients. An independent practice dental hygienist examined pursuant to an 
order of the board subcommittee may not prevent the testimony of the examining 
individual or prevent the acceptance into evidence of the report of an examining 
individual.  Failure to comply with an order of the board subcommittee to submit to a 
mental or physical examination results in the immediate suspension of the license to 
practice independent dental hygiene by order of the District Court until the independent 
practice dental hygienist submits to the examination. 
Sec. 9.  32 MRSA §1094-AA, first ¶, as enacted by PL 2013, c. 575, §7, is 
amended to read: 
A dental hygienist or independent practice dental hygienist licensed by the board 
Subcommittee on Dental Hygienists 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 subcommittee on forms provided by the board subcommittee, pay the application 
fee under section 1094-DD and demonstrate to the board subcommittee that the applicant: 
Sec. 10.  32 MRSA §1094-AA, sub-§2, ¶¶C and D, as enacted by PL 2013, c. 
575, §7, are amended to read: 
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 Subcommittee on Dental Hygienists; and 
D.  Meets the requirements for dental hygiene therapy education programs adopted 
by the board Subcommittee on Dental Hygienists; 
Sec. 11.  32 MRSA §1094-AA, sub-§§4 and 5, as enacted by PL 2013, c. 575, 
§7, are amended to read: 
4.  Examination.  Has passed a comprehensive, competency-based clinical 
examination approved by the board Subcommittee on Dental Hygienists 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 subcommittee, are obtained; and 
5.  Supervised clinical practice.  Has 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 Subcommittee on Dental Hygienists, 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 therapy program may be included. 
Sec. 12.  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 Subcommittee on Dental Hygienists 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 and rules adopted by the board 
subcommittee and who has paid a fee established by the board subcommittee 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. 13.  32 MRSA §1094-DD, as enacted by PL 2013, c. 575, §7, is amended to 
read: 
§1094-DD.  License; fees; discontinuation of license 
The board Subcommittee on Dental Hygienists shall issue a license to practice as a 
dental hygiene therapist to an applicant for licensure under this subchapter who has met 
the requirements of this subchapter and rules adopted pursuant to the subchapter for 
licensure and has paid the application fee of not more than $175.  A dental hygiene 
therapist shall publicly exhibit the license at the therapist's place of business or 
employment.  The initial date of expiration of the license must be the original expiration 
date of the dental hygiene therapist's dental hygienist license issued by the board 
subcommittee pursuant to subchapter 4 or, for an independent practice dental hygienist 
licensed by endorsement, January 1st of the first odd-numbered year following initial 
licensure.  On or before January 1st of each odd-numbered year, a dental hygiene 
therapist shall pay to the board subcommittee a license renewal fee.  The board 
subcommittee may renew the license of a dental hygiene therapist who meets the 
requirements for continued licensure and pays a renewal fee and a late fee by February 
1st in the year in which renewal is due. The board subcommittee shall suspend the license 
of a dental hygiene therapist who does not renew a license by February 1st in the year 
that renewal is due.  The board subcommittee may renew the license of a dental hygiene 
therapist who pays a renewal fee and a reinstatement fee as required by the board 
subcommittee.  The subcommittee shall forward any fee received pursuant to this section 
to the board.  
Sec. 14.  32 MRSA §1094-EE, as enacted by PL 2013, c. 575, §7, is amended to 
read: 
§1094-EE.  Continuing education 
As a condition of renewal of a license to practice under this subchapter, a dental 
hygiene therapist shall submit evidence of successful completion of 35 hours of 
continuing education in the 2 years prior to renewal.  Continuing education under this 
section must be in conformity with the provisions of section 1084-A and must include 
board-approved courses approved by the Subcommittee on Dental Hygienists, including 
but not limited to a course in cardiopulmonary resuscitation.  The board subcommittee 
may refuse renewal to an applicant who has not satisfied the requirements of this section 
or may renew a license on terms and conditions set by the board subcommittee. 
Sec. 15.  32 MRSA §1094-GG, sub-§4, as enacted by PL 2013, c. 575, §7, is 
amended to read: 
4.  Requirements.  A supervising dentist and a dental hygiene therapist who sign a 
written practice agreement shall each file a copy of the agreement with the board and the 
Subcommittee on Dental Hygienists, keep a copy for the dentist's or dental hygiene 
therapist's own records and make a copy available to patients of the dental hygiene 
therapist upon request.  The copy of the written practice agreement in the records of the 
board and the subcommittee must be made available to the public upon request. 
Sec. 16.  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 Subcommittee on 
Dental Hygienists.  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: 
Sec. 17.  32 MRSA §1094-KK, as enacted by PL 2013, c. 575, §7, is amended to 
read: 
§1094-KK.  Rulemaking 
The board Subcommittee on Dental Hygienists shall adopt rules to implement this 
subchapter.  Rules adopted pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 18.  32 MRSA §1095, as amended by PL 1993, c. 600, Pt. A, §79, is further 
amended to read: 
§1095.  Definition 
The dental hygienist who practices under the supervision of a dentist of record may 
perform duties as defined and set forth in the rules of the Board of Dental Examiners 
Subcommittee on Dental Hygienists, except that nothing in this subchapter may be 
construed to affect the practice of medicine or dentistry or to prevent students of a dental 
college, university or school of dental hygiene from practicing dental hygiene under the 
supervision of their instructors. 
Sec. 19.  32 MRSA §1096, as amended by PL 1993, c. 600, Pt. A, §80, is further 
amended to read: 
§1096.  Qualifications 
A person 18 years old or over who has successfully completed 2 years' training in a 
school of dental hygiene approved by the board Subcommittee on Dental Hygienists, or 
who is a full-time dental student who has satisfactorily completed at least half of the 
prescribed course of study in an accredited dental college, but who has not graduated 
from a dental college, is eligible to apply for examination. 
Sec. 20.  32 MRSA §1097, as amended by PL 2003, c. 669, §7, is further amended 
to read: 
§1097.  Application; fee 
An eligible person desiring to practice dental hygiene must make written application 
to the Board of Dental Examiners Subcommittee on Dental Hygienists to take the 
examination.  The application must be accompanied by a fee to be determined by the 
board subcommittee not to exceed $175.  Applicants for licensure must pay a fee set by 
the board subcommittee for the examination.  The board subcommittee may recognize a 
nationally or regionally administered examination for applicants to practice dental 
hygiene in the State.  The subcommittee shall forward any fee received pursuant to this 
section to the board. 
Sec. 21.  32 MRSA §1098, as amended by PL 2005, c. 45, §4, is further amended 
to read: 
§1098.  License; biennial fee 
The board Subcommittee on Dental Hygienists shall issue a license to practice as a 
dental hygienist in this State to an individual who has met the licensure requirements.  
The license must be exhibited publicly at the person's place of employment.  The license 
authorizes practice as a dental hygienist in this State for the year in which it is issued until 
the expiration date that appears on the license.  On or before January 1st of each odd-
numbered year, the dental hygienist must pay to the board subcommittee a license 
renewal fee of not more than $175 to be determined by the board subcommittee. Dental 
hygienists who have not paid the renewal fee on or before January 1st must be reinstated 
upon payment of a late fee of not more than $50 to be determined by the board 
subcommittee if paid before February 1st of the year in which license renewal is due.  
Failure to be properly licensed by February 1st results in automatic suspension of a 
license to practice dental hygiene.  Reinstatement may be made, if approved by the board 
subcommittee, by payment to the secretary-treasurer of the board subcommittee of a fee 
determined by the board subcommittee of not more than $175.  A new applicant who has 
paid the application fee shall pay the biennial licensure fee if the applicant applies in an 
odd-numbered year or half the biennial licensure fee if the applicant applies in an even-
numbered year.  The subcommittee shall forward any fee received pursuant to this section 
to the board. 
The board subcommittee may issue temporary licenses to dental hygienists who 
present credentials satisfactory to the board.  The board subcommittee may charge a fee 
of up to $25 for a temporary license. 
Sec. 22.  32 MRSA §1098-C, as enacted by PL 2003, c. 669, §10, is amended to 
read: 
§1098-C.  Mental or physical examination 
For the purposes of this section, by application for and acceptance of a license to 
practice, a licensed dental hygienist is considered to have given consent to a mental or 
physical examination when directed by the board Subcommittee on Dental Hygienists.  
The board subcommittee may direct a dental hygienist to submit to an examination 
whenever the board subcommittee determines the dental hygienist may be suffering from 
a mental illness that may be interfering with the competent practice of dental hygiene or 
from the use of intoxicants or drugs to an extent that they are preventing the dental 
hygienist from practicing dental hygiene competently and with safety to patients.  A 
dental hygienist examined pursuant to an order of the board subcommittee may not 
prevent the testimony of the examining individual or prevent the acceptance into evidence 
of the report of an examining individual.  Failure to comply with an order of the board 
subcommittee to submit to a mental or physical examination results in the immediate 
suspension of the license of the dental hygienist by order of the District Court until the 
dental hygienist submits to the examination. 
Sec. 23.  32 MRSA §1098-D, sub-§1, ¶E, as enacted by PL 2003, c. 669, §10, is 
amended to read: 
E.  For any applicant who has completed the Northeast Regional Board Dental 
Hygiene Examination or the successor to that examination more than one year prior 
to application for licensure in the State, have successfully completed a personal 
interview before the board Subcommittee on Dental Hygienists; or 
Sec. 24.  32 MRSA §1098-D, sub-§2, as amended by PL 2005, c. 289, §2, is 
further amended to read: 
2.  Licensure by endorsement.  For licensure by endorsement, the applicant must: 
A.  Have graduated from an accredited dental hygiene program; 
B.  If the candidate graduated subsequent to 1964, have completed with a passing 
grade the National Board Dental Hygiene Examination, or the successor to that 
examination, if such examination was required; 
C.  Have furnished proof, satisfactory to the board Subcommittee on Dental 
Hygienists, that the candidate has been duly licensed to practice dental hygiene in 
another state after full compliance with its laws; 
D.  If the candidate graduated subsequent to 1970, have completed with a passing 
grade the Northeast Regional Board Dental Hygiene Examination, or the successor to 
that examination, if such examination was required, except that the board 
Subcommittee on Dental Hygienists may at its discretion waive the Northeast 
Regional Board Dental Hygiene Examination, or the successor to that examination, if 
all other requirements of this subsection have been met; 
E.  Have engaged in active clinical practice for a minimum of 3 years prior to 
application; 
F.  Have completed with a passing grade the jurisprudence examination given by the 
board Subcommittee on Dental Hygienists; and 
G.  Have successfully completed a personal interview before the board Subcommittee 
on Dental Hygienists. 
The board Subcommittee on Dental Hygienists may at its discretion waive the Northeast 
Regional Board Dental Hygiene Examination, or the successor to that examination, if all 
other requirements have been met. 
Sec. 25.  32 MRSA §1098-E, as enacted by PL 2005, c. 198, §1, is amended to 
read: 
§1098-E.  Temporary filling procedures 
A dental hygienist with public health supervision status, as defined by rules adopted 
by the Board of Dental Examiners Subcommittee on Dental Hygienists, may perform 
temporary filling procedures without a dentist present under protocols developed by the 
Board of Dental Examiners subcommittee.  Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 26.  32 MRSA §1099, as amended by PL 2007, c. 620, Pt. A, §3, is further 
amended to read: 
§1099.  Endorsement 
The board Subcommittee on Dental Hygienists may at its discretion, without 
examination, issue a license to an applicant to practice dental hygiene who furnishes 
proof satisfactory to the board subcommittee that the dental hygienist has been duly 
licensed for at least 3 years to practice in another state or a Canadian province after full 
compliance with the requirements of its dental laws, except that the professional 
education may not be less than is required in this State.  The board subcommittee may 
require letters of reference as to ability.  Applicants for licensure by endorsement who 
meet the requirements of this section must be interviewed in person by the Subcommittee 
on Dental Hygienists, as established in section 1079 subcommittee prior to being issued a 
license.  Every license so given must state upon its face that it was granted on the basis of 
endorsement.  The fee for that license must be determined by the board subcommittee, 
but may not be more than $175. 
Sec. 27.  32 MRSA §1100-A, as amended by PL 2007, c. 620, Pt. C, §10, is 
further amended to read: 
§1100-A.  Definition 
Duties of dental auxiliaries other than dental hygienists and expanded function dental 
assistants must be defined 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, expanded function dental assistants, dental laboratory technicians and 
denturists. 
Sec. 28.  Transition.  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 the Maine Revised Statutes, Title 32, section 1073, 
subsection 2 and Title 32, 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. 
SUMMARY 
Under current law, the Board of Dental Examiners, Subcommittee on Dental 
Hygienists performs an initial review of complaints regarding dental hygienists and 
applications and continuing education requirements for dental hygienists.  Following its 
review, the subcommittee makes a recommendation to the board and the board acts on the 
subcommittee's recommendation. 
This bill provides the subcommittee with exclusive jurisdiction over licensing, 
continuing education and disciplinary matters regarding dental hygienists, independent 
practice dental hygienists, dental hygiene therapists, registered dental hygienists and 
dental hygienists with public health supervision status and provides the subcommittee 
with rule-making authority regarding these matters. 
The bill also changes the composition of the subcommittee by replacing one of the 
dentists with a dental hygienist who is involved in the training and education of dental 
hygienists at an accredited school of dental hygiene and removing the requirement that 
the existing 2 dental hygienists are qualified denturists.