An Act Regarding the Board of Dental Examiners
Maine Legislature, Session 127, LD 1156
Committee: Labor, Commerce, Research and Economic Development
Sponsors: MASTRACCIO, PATRICK, AUSTIN, BATES, CAMPBELL, FECTEAU, GILBERT, STETKIS, WARD, VOLK
Amends: 32 MRSA §1077

Legislative Document 
No. 1156 
H.P. 794 
House of Representatives, March 31, 2015 
An Act Regarding the Board of Dental Examiners 
(EMERGENCY) 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MASTRACCIO of Sanford. 
Cosponsored by Senator PATRICK of Oxford and 
Representatives: AUSTIN of Gray, BATES of Westbrook, CAMPBELL of Newfield, 
FECTEAU of Biddeford, GILBERT of Jay, STETKIS of Canaan, WARD of Dedham, Senator: 
VOLK of Cumberland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Public Law 2011, chapter 581 established dental adjudicatory panels, 
which had sole authority to hold an adjudicatory hearing regarding disciplinary actions 
for a person licensed by the Board of Dental Examiners; and 
Whereas, the law establishing the dental adjudicatory panels was repealed 
September 15, 2014, leaving the Board of Dental Examiners without authority to hold 
adjudicatory hearings on disciplinary actions; and 
Whereas, it is in the best interest of the public that there be a process in place to 
ensure that the public is served by competent and honest practitioners in the field of 
dentistry; and 
Whereas, this legislation needs to take effect as soon as possible to restore the 
authority of the Board of Dental Examiners to adjudicate disciplinary actions; 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 §1077, sub-§1, as amended by PL 2011, c. 581, §1, is further 
amended to read: 
1.  Disciplinary proceedings and sanctions.  Regarding noncompliance with or 
violation of this chapter or of rules adopted by the board, the board shall investigate a 
complaint on its own motion or upon receipt of a written complaint filed with the board. 
The board 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 board 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 board, the factual basis of the complaint is or may be true, and the 
complaint is of sufficient gravity to warrant further action, the board may request an 
informal conference with the licensee. The board 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 board, 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 board 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 board, 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 board, 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; 
C.  If the board concludes that denial of initial licensure or, modification or 
nonrenewal of an existing a license is in order warranted, the board may refer the 
complaint to a dental adjudicatory panel, convened pursuant to section 1080, for the 
purpose of holding hold an adjudicatory hearing in accordance with the provisions of 
the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 4 and may 
take any action authorized by subsection 2 or Title 10, section 8003, subsection 5; or 
D.  If the board concludes that suspension or revocation of the license is in order, the 
board may file a complaint in the District Court in accordance with Title 4, chapter 5. 
Notwithstanding any other provision of law, a dental adjudicatory panel convened 
pursuant to section 1080 has the sole authority to hold an adjudicatory hearing 
conforming to the requirements of Title 5, chapter 375, subchapter 4 and take any action 
authorized by Title 10, section 8003, subsection 5 or Title 10, section 8003-D following 
an adjudicatory hearing. 
Notwithstanding Title 10, section 8003, subsection 5, any nonconsensual revocation of a 
license by a dental adjudicatory panel pursuant to Title 10, section 8003, subsection 5 
may be imposed only after a hearing conforming to the requirements of Title 5, section 
375, subchapter 4 and is subject to judicial review exclusively in the Superior Court in 
accordance with Title 5, chapter 375, subchapter 7.  The board 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. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Public Law 2011, chapter 581 established dental adjudicatory panels and gave those 
panels sole authority to hold adjudicatory hearings regarding disciplinary actions for 
persons licensed by the Board of Dental Examiners.  The board retained investigative 
powers but all complaints were required to be referred to a dental adjudicatory panel for a 
disciplinary hearing.  The section of law establishing the adjudicatory panels was 
repealed on September 15, 2014, leaving the board without a means to hold disciplinary 
hearings. 
This bill returns to the Board of Dental Examiners the authority to conduct 
disciplinary hearings.