An Act to Restore the Board of Dental Practice's Authority to Issue Letters of Guidance
Maine Legislature, Session 131, LD 2040
Committee: Health Coverage, Insurance and Financial Services
Sponsors: MASTRACCIO
Amends: 32 MRSA §18325

Legislative Document
No. 2040
H.P. 1302
House of Representatives, December 13, 2023
An Act to Restore the Board of Dental Practice's Authority to Issue 
Letters of Guidance
(EMERGENCY)
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MASTRACCIO of Sanford.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law does not allow the Board of Dental Practice to issue letters of 
guidance in matters not relating to complaints filed against licensees; and
Whereas, the board uses letters of guidance primarily to educate licensees in matters 
involving licensure applications and supervision responsibilities without filing formal 
complaints; and
Whereas, the board has many cases aging on its docket and requiring a formal 
complaint to be filed to resolve any matter necessitating a letter of guidance would reduce 
the efficiency of the board, take up more board staff time and prevent the board from 
addressing other matters; and
Whereas, the elimination of the board's authority in this regard was an error; 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-§3 is enacted to read:
3.  Letters of guidance.  In addition to the authority conferred under Title 10, section 
8003, subsection 5-A, the board may issue a letter of guidance or concern to a licensee or 
registrant.  A letter of guidance or concern may be used to educate, reinforce knowledge 
regarding legal or professional obligations and express concern over action or inaction by 
the licensee or registrant that does not rise to the level of misconduct sufficient to merit 
disciplinary action.  The issuance of a letter of guidance or concern is not a formal 
proceeding and does not constitute an adverse disciplinary action of any form.  
Notwithstanding any provision of law to the contrary, a letter of guidance or concern is not 
confidential.  The board may place a letter of guidance or concern, together with any 
underlying complaint, report and investigation materials, in a licensee's or registrant's file 
for a specified amount of time, not to exceed 10 years.  Any letters, complaints and 
materials placed on file may be accessed and considered by the board in any subsequent 
action commenced against the licensee or registrant within the specified time frame.  
Complaints, reports and investigation materials placed on file are only confidential to the 
extent that confidentiality is required pursuant to Title 24, chapter 21.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill restores authority to the Board of Dental Practice to issue letters of guidance 
involving matters other than a dismissal of a complaint against a licensee.