An Act To Allow Dental Hygienists To Prescribe Fluoride Dentifrice and Antibacterial Rinse
Maine Legislature, Session 127, LD 0091
Committee Amendment CA_A_H139 (House)
Amends: 32 MRSA §1094-Q, 32 MRSA §1094-H, 32 MRSA §1098-E, 32 MRSA §1098-F

COMMITTEE AMENDMENT "/1,, to H.P. 74, L.D. 91, Bill, "An Act To Allow 
Dental Hygienists To Prescribe Fluoride Dentifrice and Antibacterial Rinse" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §1094-Q, sub-§I, ,0, as amended by PL 2015, c. 2, §l, 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; aBd 
Sec. 2. 32 MRSA §1094-Q, sub-§l, ,-P, 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~~ 
. 
Sec. 3. 32 MRSA §1094-Q, sub-§I, "Q andR are enacted to read: 
Q. Prescribe. dispense or administer anticavity toothpastes or topical gels with 1.1 % 
or less sodium fluoride and oral rinses with 0.05%. 0.2%, 0.44% or 0.5% sodium 
fluoride; and 
R. Prescribe. dispense or administer chlorhexidine gluconate oral rinse. 
Sec .. 4. 32 MRSA §1094-HH, sub-§§8 and 9, as enacted by PL 2013, c. 575, 
§7, are amended to read: 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT" A" to H.P. 74, L.D. 91 
8. Radiographs. Administer radiographs; and 
9. 
Other related services and functions. 
Perform other related services and 
functions authorized by the supervising dentist and for which the dental hygiene therapist 
is trainedr~ 
Sec. 5. 32 MRSA §1094-HH, sub-§§10 and 11 are enacted to read: 
10. Dentifrice; oral rinse. Prescribe. dispense or administer anticavity toothpastes 
or topical gels with 1.1% or less sodium fluoride and oral rinses with 0.05%. 0.2%. 
0.44% or 0.5% sodium fluoride; and 
11. Chlorhexidine gluconate. Prescribe. dispense or administer chlorhexidine 
gluconate oral rinse. 
Sec. 6. 32 MRSA §1098-E, as enacted by PL 2005, c. 198, §1, is amended to' 
read: 
§1098-E. Temporary filling procedures; prescription authority 
A dental hygienist with public health supervision status, as defined by rules adopted 
by the Board of Dental Examiners, may perform temporary filling procedures without a 
dentist present under protocols developed by the Board of Dental Examiners. A dental 
hygienist with public health supervision status may prescribe, dispense or administer 
anticavity toothpastes or topical gels with 1.1 % or less sodium fluoride and oral rinses 
with 0.05%, 0.2%. 0.44% or 0.5% sodium fluoride, as well as chlorhexidine gluconate 
oral rinse. Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 7. 32 MRSA §1098-F is enacted to read: 
§1098-F. Prescription authority 
A dental hygienist licensed under this subchapter may prescribe, dispense or 
administer anticavity toothpastes or topical gels with 1.1 % or less sodium fluoride and 
oral rinses with 0.05%, 0.2%. 0.44% or 0.5% sodium fluoride. as well as chlorhexidine 
gluconate oral rinse. 
Sec. 8. Appropriations and allocation~. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Office of MaineCare Services 0129 
Initiative: Provides funding for a change to the point-of-sale application that pays for 
prescriptions at a pharmacy and oversight of vendor change management. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2015-16 
$6,750 
$6,750 
COMMITTEE AMENDMENT 
2016-17 
$0 
$0 
ROFS 
'3 
COMMlT(EE AMENDMENT" ~, to HP. 14, LD. 91 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
SU~Y 
2015-16 
$20,250 
$20,250 
2016-17 
$0 
$0 
This amendment is the majority report of the committee. It adds dental hygienists 
with public health supervision status to the list of professionals identified in the bill, 
including dental hygienists, independent practice dental hygienists and dental hygiene 
therapists, who are provided the authority to prescribe fluoride dentifrice and antibacterial 
rinse. The amendment specifies that these include anticavity toothpastes or topical gels 
with 1.1% or less sodium fluoride and oral rinses with 0.05%, 0.2%, 0.44% or 0.5% 
sodium fluoride, as well as chlorhexidine gluconate oral rinse. The amendment also 
provides dispensing authority and administering authority in addition to prescribing 
authority to all of these dental hygiene licensees. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
I 
I 
· '. ~ 
! 
Approved: 05/06115 
Mac. 
LD91 
LR 602(02) 
An Act To Allow Dental Hygienists To Prescribe Fluoride Dentifrice and Antibacterial Rinse 
Fiscal Note for Bill as Amended by Committee Amendment 'fl' U.J ,/3 q '\ 
Committee: Labor, Commerce, Research and Economic Development 
') 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
Projections 
FY 2017-18 
Projections 
FY 2018-19 
Net Cost (Savings) 
General Fund 
Appropria tions/ Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Fiscal Detail and Notes 
$6,750 
$6,750 
$20,250 
$20,250 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
The bill includes a one-time General Fund appropriation to the Department of Health and Human Services of$6,750 
and a Federal Expenditures Fund allocation of $20,250 in fiscal year 2015-16 for technology changes to MIHMS to 
change the Point of Sale application that pays for prescriptions at a pharmacy and alT oversight for vendor change 
management. There could also be additional claims to MaineCare. It is currently unknown how many patients would 
receive this service from a Dental Hygienist who had not received it in the past from a dentist. 
Additional costs to the Board of Dental Examiners affiliated with the Department of Professional and Financial 
Regulation to amend its rules to include the requirements of this legislation can be absorbed within existing budgeted 
resources. 
LR0602(02) - Fiscal Note - Page 1 of 1