An Act To Allow a Dentist To Administer Botulinum Toxin and Dermal Fillers
Maine Legislature, Session 130, LD 0026
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BRENNER
Amends: 32 MRSA §18325, 32 MRSA §18371

Legislative Document
No. 26
S.P. 34
In Senate, January 13, 2021
An Act To Allow a Dentist To Administer Botulinum Toxin and 
Dermal Fillers
(EMERGENCY)
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER 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, the sole purpose of the Board of Dental Practice is to protect the public 
health and welfare by ensuring that the public is served by competent and honest 
practitioners and by establishing minimum standards of proficiency; and
Whereas, former board rule Chapter 9: Complaints/Investigations/Unprofessional 
Conduct, Section II, paragraph U, which was repealed effective April 5, 2020, contained 
language restricting a dentist's scope of practice to administer botulinum toxins and dermal 
fillers to dental procedures; and
Whereas, substantive policy decisions such as expanding or restricting scopes of 
practice are appropriate for the legislative process, not an administrative rule-making 
process; and
Whereas, immediate enactment of this legislation is necessary to continue protecting 
the public by ensuring that authorization for a dentist to administer botulinum toxin and 
dermal fillers to a patient as part of a dental treatment plan is continued as part of a dentist's 
scope of practice; 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 §18325, sub-§1, ¶O, as amended by PL 2015, c. 488, §33, is 
further amended to read:
O.  A violation of this chapter or a rule adopted by the board; and
Sec. 2.  32 MRSA §18325, sub-§1, ¶P, as enacted by PL 2015, c. 488, §34, is 
amended to read:
P.  Failure to comply with the requirements of Title 22, section 7253.; and
Sec. 3.  32 MRSA §18325, sub-§1, ¶Q is enacted to read:
Q.  Administering botulinum toxins or dermal fillers to a patient when that 
administration is not supported by a diagnosed dental condition or is not part of a 
patient's dental treatment plan.
Sec. 4.  32 MRSA §18371, sub-§1, ¶M, as enacted by PL 2015, c. 429, §21, is 
amended to read:
M.  Prescribe drugs or medicine and administer local anesthesia, analgesia including 
nitrous oxide and oxygen inhalation and, with the appropriate permit issued by the 
board, administer sedation and general anesthesia necessary for proper dental 
treatment; and
Sec. 5.  32 MRSA §18371, sub-§1, ¶N, as enacted by PL 2015, c. 429, §21, is 
amended to read:
N.  Take case histories and perform physical examinations to the extent the activities 
are necessary in the exercise of due care in conjunction with the provision of dental 
treatment or the administration of anesthesia.  A dentist is not permitted to perform 
physical examinations within a hospital licensed by the Department of Health and 
Human Services unless this activity is permitted by the hospital.; and
Sec. 6.  32 MRSA §18371, sub-§1, ¶O is enacted to read:
O.  Administer botulinum toxins or dermal fillers to a patient with a diagnosed dental 
condition or when that administration is identified as part of a patient's dental treatment 
plan.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill authorizes within a dentist's scope of practice the use of botulinum toxins or 
dermal fillers when supported by a patient's diagnosed dental condition or as a part of a 
patient's dental treatment plan. It also adds additional grounds the Board of Dental Practice 
may consider when taking disciplinary action against a dentist to include administering 
botulinum toxins or dermal fillers to a patient for a nondental condition or treatment.
The bill places into statute the limitations on a dentist's administering botulinum toxins 
or dermal fillers that were in former Board of Dental Practice rule Chapter 9: 
Complaints/Investigations/Unprofessional Conduct, which was repealed and replaced on 
April 5, 2020.