reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 2 - State Board of Dental Examiners › Section 4-207 - State Board of Dental Examiners Fund -- Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Dental Examiners Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(2)    The fees charged shall be set so as to approximate the cost of maintaining the Board.
(3)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the State Board of Dental Examiners Fund.
(d)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)    No other State money may be used to support the Fund.
(e)    (1)    In addition to the provisions of subsection (d) of this section, the Board shall fund:
(i)    The budget of a dental well–being committee, as defined in § 4–501.1 of this title, with fees set, collected, and distributed to the Fund under this title; and
(ii)    The budget of a dental hygiene well–being committee, as defined in § 4–508 of this title, with fees set, collected, and distributed to the Fund under this title.
(2)    After review and approval by the Board of a budget submitted by the Maryland State Dental Association for a dental well–being committee, the Board may allocate moneys from the Fund to the dental well–being committee.
(3)    After review and approval by the Board of a budget submitted by the Maryland Dental Hygienists’ Association for a dental hygiene well–being committee, the Board may allocate moneys from the Fund to a dental hygiene well–being committee.
(f)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(g)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-301.1 - Intraoral Procedures Provided by Dental Assistant -- Certification by Board as Expanded Function Dental Assistant

(a)    (1)    A dental assistant may assist a licensed dentist in providing the following intraoral procedures under the direct supervision of a licensed dentist without being certified by the Board:
(i)    Rinsing and aspiration of the oral cavity;
(ii)    Retraction of the lips, cheeks, tongue, and flaps;
(iii)    Placement and removal of materials for the isolation of the dentition, provided that the material is not retained by the dentition;
(iv)    Instructing on oral hygiene;
(v)    Taking impressions for study models or diagnostic casts;
(vi)    Constructing athletic mouth guards on models;
(vii)    Applying topical anesthesia;
(viii)    Curing by the use of halogen light;
(ix)    Checking for loose bands; and
(x)    Any other procedure that the Board authorizes by a rule or regulation.
(2)    A dental assistant may assist in performing intraoral photography, other than conventional or digital X–ray, under the general supervision of a licensed dentist who reviews the photography and authorizes the treatment plan without being certified by the Board.
(b)    (1)    Except for an individual licensed as a dentist or a dental hygienist under this title, an individual shall be certified by the Board as an expanded function dental assistant authorized to perform at least one of the following intraoral procedures before the individual may perform the intraoral procedure in the State:
(i)    Assisting in orthodontic procedures authorized by the Board in regulation;
(ii)    Placing dental sealants;
(iii)    Coronal polishing only to remove stain or biofilm:
1.    In connection with a dental prophylaxis:
A.    As determined necessary and appropriate, secondary to the more complex dental procedures of a dental prophylaxis, such as removal of hard and soft deposits and stain of the tooth crown, root surfaces, and periodontal pocket; and
B.    If applicable, in consultation with the treating dental hygienist; or
2.    Before a dentist performs an esthetic or cementation procedure;
(iv)    Applying silver diamine fluoride;
(v)    Monitoring nitrous oxide by observing a patient:
1.    During the flow of nitrous oxide;
2.    During the reduction of the flow of nitrous oxide;
3.    During the shutting off of equipment controlling the flow of nitrous oxide; and
4.    At all times in between the start of the flow of nitrous oxide until the nitrous oxide has been terminated and the patient has fully awoken and is coherent; or
(vi)    Additional intraoral procedures authorized by the Board in regulations.
(2)    A dental assistant who is certified by the Board to perform an intraoral procedure listed in paragraph (1) of this subsection may perform the intraoral procedure listed in paragraph (1) of this subsection if a licensed dentist:
(i)    Gives the certified dental assistant specific instructions to perform the intraoral procedure; and
(ii)    Directly supervises the certified dental assistant performing the intraoral procedure.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-302.1 - Requirements and Qualifications -- Course of Study

(a)    To qualify for a certificate to be an expanded function dental assistant, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant must be of good moral character.
(c)    The applicant must be at least 18 years old.
(d)    The applicant must:
(1)    Be a high school graduate or have attained a high school equivalency;
(2)    Have successfully completed a course of study approved, subject to subsection (e) of this section, by the Board related to the intraoral procedure for which the applicant has applied for a certificate;
(3)    Have the appropriate certification from the Dental Assisting National Board;
(4)    Have passed any examination provided for in a regulation adopted by the Board; and
(5)    Submit to a State criminal history records check.
(e)    The Board may not approve a course of study under subsection (d)(2) of this section unless the course of study is part of:
(1)    A U.S. Department of Labor Job Corps dental assisting program;
(2)    A dental assisting program located within an institution of postsecondary education that is accredited by an accrediting institution recognized by the U.S. Department of Education;
(3)    A dental assisting program that is located within a high school and is recognized by an accrediting body recognized by the U.S. Department of Education or the high school accrediting body of a state; or
(4)    A dental assisting program that is accredited by the Council on Dental Accreditation, or a successor organization.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-303 - Waiver of Qualifications for License to Practice Dentistry

(a)    Subject to the provisions of this section, the Board may waive the education requirements of § 4-302 of this subtitle for an applicant for a limited license who does not hold a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent from a college or university that is authorized by any state or any province of Canada to grant the degree and is recognized by the Board under § 4-302(d)(2) of this subtitle.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Completes at least 2 years of formal general clinical training in a college or university that is authorized by any state or any province of Canada to grant the degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent and is recognized by the Board under § 4-302(d)(2) of this subtitle; and
(2)    Meets any other requirements that the Board establishes for a waiver of the education requirements of § 4-302 of this subtitle.
(c)    (1)    Notwithstanding the provisions of subsection (b) of this section and § 4-302(g) of this subtitle, the Board may grant a waiver for a teacher’s license if it finds that:
(i)    The applicant holds a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree from a school, college, or faculty of dentistry;
(ii)    The applicant demonstrates that the applicant has had at least 5 years of clinical dental experience;
(iii)    The applicant is found to be of good moral character and professionally competent;
(iv)    The Dean of the University of Maryland Dental School requests the waiver and circumstances exist that justify the granting of a waiver; and
(v)    The applicant is appointed to a full-time or part-time faculty position at the University of Maryland Dental School.
(2)    A teacher’s license granted pursuant to a waiver under paragraph (1) of this subsection:
(i)    Authorizes the licensee to practice dentistry to the same extent as other faculty members who hold general licenses to practice dentistry, provided that the licensee only practices dentistry at established teaching sites and faculty programs of the University of Maryland Dental School; and
(ii)    Shall be surrendered immediately to the Board when the licensee ceases to hold an appointment as a full-time or part-time faculty member of the University of Maryland Dental School.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-304 - Applications for Licenses

(a)    To apply for a license, an applicant shall:
(1)    Submit an application to the Board on the form that the Board requires; and
(2)    Pay to the Board an application fee set by the Board.
(b)    In addition to the other requirements of this section, an applicant for a limited license to practice dentistry shall submit to the Board a written request, from the hospital, sanatorium, dental school, or public health program to which the practice is to be limited, that the license be issued.
(c)    To apply for a retired volunteer dentist’s license, a volunteer dentist’s license, or a temporary volunteer dentist’s license to practice dentistry, an applicant:
(1)    Shall submit an application to the Board on the form that the Board requires; and
(2)    May not be required to pay an application fee.
(d)    (1)    At least 30 days before the examination, an applicant for a general license to practice dental hygiene shall submit the application to the Board.
(2)    In addition to the other requirements of this section, an applicant for a license to practice dental hygiene shall submit to the Board:
(i)    Satisfactory evidence of graduation from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation; and
(ii)    Any other credentials that the Board requires.
(e)    To apply for a retired volunteer dental hygienist’s license, a volunteer dental hygienist’s license, or a temporary volunteer dental hygienist’s license to practice dental hygiene, an applicant:
(1)    Shall submit an application to the Board on the form that the Board requires; and
(2)    May not be required to pay an application fee.
(f)    To apply for a temporary dental clinic permit, an applicant:
(1)    Shall submit an application on the form that the Board requires; and
(2)    May not be required to pay an application fee.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-304.1 - Duties of Applicant

To apply for a certificate to be an expanded function dental assistant, an applicant shall:
(1)    Submit an application to the Board in a manner that the Board requires; and
(2)    Pay to the Board an application fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-305 - Examinations

(a)    An applicant who otherwise qualifies for a general license to practice dentistry or a general license to practice dental hygiene is entitled to be examined as provided in this section.
(b)    The Board shall notify each qualified applicant of the time and place of examination.
(c)    The Board shall determine the subjects, scope, form, and passing score for examinations given under this title.
(d)    An applicant shall pay:
(1)    To the Board an examination fee set by the Board in an amount that does not exceed the costs of administering the examination; or
(2)    To an examining body designated by the Board an examination fee set by the examining body as approved by the Board.
(e)    An applicant who fails an examination 4 times may not be licensed.
(f)    Consumer members of the Board may only participate in the proctoring or monitoring of examinations under this title.
(g)    Unless authorized by the Board, a dental hygienist member of the Board may not participate in any activity relating to the examination of dentists under this title.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-305.1 - Examination of Applicant -- Time and Place -- Subjects and Passing Score -- Examination Fees

(a)    An applicant who otherwise qualifies for a certificate to be an expanded function dental assistant is entitled to be examined as provided for in this section.
(b)    The Board shall notify each qualified applicant of the time and place of the examination.
(c)    The Board shall determine the subjects, scope, form, and passing score for examinations given under this section.
(d)    An applicant shall pay to the Board an examination fee set by the Board in an amount that does not exceed the costs of administering the examination.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-306.1 - Licensure of University of Maryland School of Dentistry Faculty Member

(a)    A dentist who is a faculty member at the University of Maryland School of Dentistry and was trained at a foreign dental school shall be qualified by the Board to take an examination offered by ADEX, as defined in § 4–306 of this subtitle, if the applicant:
(1)    Completes training in a dental specialty recognized by the Board;
(2)    Is board certified in a dental specialty recognized by the Board;
(3)    At the time the application is made, is a full–time faculty member at the University of Maryland School of Dentistry who has completed at least 7 consecutive years as a full–time faculty member; and
(4)    Submits to the Board a written letter of support from the University of Maryland School of Dentistry stating that the school supports the applicant to take the ADEX examination.
(b)    If the dentist receives a passing score on the ADEX examination, the dentist may apply for a general license to practice dentistry.
(c)    A dentist who applied for a general license to practice dentistry under subsection (b) of this section and was issued a general license shall surrender the license if the dentist violates any provision of this title or any regulation adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-307 - Issuance, Contents, and Replacement of License

(a)    The Board shall issue the appropriate license to any applicant who meets the requirements of this title for that license.
(b)    (1)    The Board shall include on each license that the Board issues:
(i)    The name of the licensee;
(ii)    The date the license was issued;
(iii)    A serial number;
(iv)    The signatures of the president and secretary of the Board; and
(v)    The seal of the Board.
(2)    On a limited license to practice dentistry, the Board also shall include:
(i)    The date the license expires, for a license that expires on the first anniversary of its effective date; and
(ii)    The name of the institution or public health program at which the licensee is authorized to practice dentistry.
(3)    On a teacher’s license to practice dentistry, the Board also shall include the name of the college or university at which the licensee is a full-time or part-time faculty member.
(4)    On a teacher’s license to practice dental hygiene, the Board also shall include the name of the dental school at which the licensee is a full-time or part-time faculty member.
(c)    The Board shall issue a license to replace a lost or destroyed license if the licensee pays a fee set by the Board that approximates the actual cost of replacing the license.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-307.1 - Form and Contents of Certificate -- Replacement of Lost or Destroyed Certificate

(a)    The Board shall issue an appropriate certificate to any applicant who meets the requirements of this title and regulations adopted by the Board for that certificate.
(b)    The Board shall include on each certificate that the Board issues:
(1)    The name of the certified individual;
(2)    The date the certificate was issued;
(3)    The intraoral procedures that the certified dental assistant is qualified to perform;
(4)    A serial number;
(5)    The signatures of the president and secretary of the Board; and
(6)    The seal of the Board.
(c)    The Board shall issue a certificate to replace a lost or destroyed certificate if the certified dental assistant pays a fee set by the Board that approximates the actual cost of replacing the certificate.
(d)    An individual may be simultaneously certified as a dental radiation technologist under § 4–505 of this title and as an expanded function dental assistant.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-308.1 - Providing Services at Community-Based Health Fair by Hygienists

(a)    In this section, “community–based health fair” means a health service event that offers primary health care services to an individual for free or using a sliding fee schedule that is sponsored by:
(1)    The federal, the State, or a local government;
(2)    A nonprofit organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; or
(3)    A nonprofit community organization that has the stated purpose of providing health services to the disadvantaged.
(b)    Notwithstanding any other provision of this title, a licensed dental hygienist, without the supervision of a dentist, may provide without compensation the following services at a community–based health fair:
(1)    A preliminary dental examination, including charting any cavities, restorations, or missing teeth;
(2)    Oral health education;
(3)    Taking blood pressure, pulse rate, respiration rate, height, and weight; and
(4)    Referrals to a dental home, including providing a patient with a list of clinical public health facilities.
(c)    (1)    The Board, in consultation with the Department’s Office of Oral Health, shall develop a standard form to be used by a dental hygienist who performs the services authorized under this section at a community–based health fair.
(2)    A dental hygienist who performs services in accordance with this section shall:
(i)    Fill out the form required under paragraph (1) of this subsection for each patient who received services from the dental hygienist; and
(ii)    Submit the completed form to the Office of Oral Health.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-309 - Term and Renewal of Licenses

(a)    (1)    Except as otherwise provided in this subsection, a license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.
(2)    Except as provided in § 4–303.1 of this subtitle, a limited license to practice dentistry expires on the first anniversary of its effective date.
(3)    A teacher’s license to practice dentistry or a teacher’s license to practice dental hygiene expires on the earlier of:
(i)    The date set by the Board, unless the license is renewed for an additional term as provided in this section; or
(ii)    The date when the licensee ceases to be a full–time or part–time faculty member at the institution named on the license.
(b)    If a teacher’s license to practice dentistry expires because the licensee no longer is a full–time or part–time faculty member at the institution named on the license, the licensee shall surrender the license to the Board secretary within 30 days.
(c)    At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-309.1 - Expiration of Certificate -- Renewal Notices

(a)    A certificate expires on the date set by the Board, unless the certificate is renewed for an additional term as provided for by the Board.
(b)    At least 1 month before a certificate expires, the Board shall send to the certified dental assistant, by electronic means and first–class mail to the last known electronic or physical address of the dental assistant, a renewal notice that states the:
(1)    Date on which the current certificate expires;
(2)    Date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the certificate expires; and
(3)    Amount of the renewal fee.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-310 - Inactive Status

(a)    (1)    The Board shall place the holder of a general license to practice dentistry or a general license to practice dental hygiene on inactive status and issue an inactive status registration certificate to the licensee, if the licensee:
(i)    Submits to the Board an application for inactive status on the form required by the Board; and
(ii)    Pays to the Board the inactive status application fee set by the Board.
(2)    A licensee on inactive status may not practice dentistry or dental hygiene in this State.
(b)    The form provided by the Board for inactive status application or renewal shall require the individual to state:
(1)    Name;
(2)    Inactive status registration number, if any;
(3)    Degree;
(4)    School that awarded the degree;
(5)    Year of graduation;
(6)    Home address;
(7)    Principal office address;
(8)    Principal office telephone number; and
(9)    Whether or not the individual is in regular practice outside this State.
(c)    The Board shall waive the examination requirements of §§ 4-302 and 4-305 of this subtitle for:
(1)    A dentist on inactive status who applies for a general license to practice dentistry, if the dentist has practiced dentistry regularly in any other state within 3 years of applying for the license; or
(2)    A dental hygienist on inactive status who applies for a general license to practice dental hygiene, if the dental hygienist has practiced dental hygiene regularly in any other state within 3 years of applying for the license.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-311 - Reinstatement of Expired License

The Board shall reinstate a general license to practice dentistry, a teacher’s license to practice dentistry, a general license to practice dental hygiene, or a teacher’s license to practice dental hygiene that is expired only if the licensee:
(1)    Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and
(2)    Pays to the Board a reinstatement fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-312 - Temporary License to Practice Dental Hygiene

(a)    Subject to the provisions of this section, the Board may issue a temporary license to practice dental hygiene to an applicant who:
(1)    Is licensed to practice dental hygiene in any other state or any province of Canada;
(2)    Meets any other qualifications that the Board establishes;
(3)    Submits to the Board an application on the form that the Board requires;
(4)    Has graduated from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation; and
(5)    Pays to the Board an application fee set by the Board.
(b)    While it is effective, a temporary license to practice dental hygiene authorizes the holder to practice dental hygiene subject to the same restrictions imposed on a holder of a general license to practice dental hygiene.
(c)    A temporary license to practice dental hygiene expires when licenses are issued to those who pass the first examination for a general license to practice dental hygiene given over 30 days after the effective date of the temporary license.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-313 - Display and Location of Licenses; Change of Address; Display of Notice Regarding Universal Precautions

(a)    Each holder of a general license to practice dental hygiene, a teacher’s license to practice dental hygiene, or a temporary license to practice dental hygiene shall display the license and any current renewal certificate conspicuously in the office where the holder is engaged in practice.
(b)    Each holder of a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry shall keep the license and any current renewal certificate in the office where the holder is engaged in practice.
(c)    (1)    Each holder of a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry shall notify the secretary of the Board in writing within 60 days of any change of office address.
(2)    A licensee who fails to notify the secretary of the Board of any change of office address as provided in this subsection shall pay to the Board a late fee of $10.
(d)    If a dentist is engaged in the private practice of dentistry in this State, the dentist shall display the notice developed under § 1-207 of this article conspicuously in the office where the dentist is engaged in practice.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-314 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license, a holder of a general license, limited license, teacher’s license, or a temporary license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
(b)    The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-316 - Commencement of Proceedings

(a)    On its own initiative or on a written complaint filed with the Board by any person, the Board may commence proceedings under § 4-315 of this subtitle.
(b)    If a person who is not a member of the Board files a complaint, the complaint shall:
(1)    Be in writing;
(2)    Be verified by a person who is familiar with the alleged facts;
(3)    Request Board action; and
(4)    Be filed with the secretary of the Board.
(c)    (1)    The Board shall investigate each complaint filed with the Board if the complaint:
(i)    Alleges facts that are grounds for action under § 4-315 of this subtitle; and
(ii)    Meets the requirements of this section.
(2)    If the Board begins action on its own initiative or if after investigation it elects to substitute its own complaint for one filed by a person who is not a member of the Board, the Board shall prepare a written complaint.
(d)    If, after performing any preliminary investigation, the Board determines that an allegation involving fees for professional or ancillary services does not constitute grounds for discipline or other action, the Board may refer the allegation concerning a member of a professional society or association composed of providers of dental care to a committee of the Society for Mediation.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-317 - Penalty Instead of Suspension or in Addition to Suspension, Revocation, or Reprimand

(a)    If after a hearing under § 4-318 of this subtitle the Board finds that there are grounds under § 4-315 of this subtitle to suspend or revoke a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry, or to reprimand a licensed dentist, the Board may impose a penalty not exceeding $5,000:
(1)    Instead of suspending the license; or
(2)    In addition to suspending or revoking the license or reprimanding the licensee.
(b)    The Board shall pay any penalty collected under this section into the General Fund of this State.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-318 - Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 4–315 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    In accordance with the State budget, the Board may authorize payment of fees and travel expenses of witnesses who testify in a proceeding under this section.
(d)    The individual may be represented at the hearing by counsel.
(e)    The Board may administer oaths and take depositions of witnesses in any proceeding under this section.
(f)    (1)    Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths to witnesses in connection with any investigation under this title and any hearings or proceedings before it.
(2)    The Board shall issue subpoenas on behalf of the individual if the individual requests in writing that the Board do so.
(3)    If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
(4)    If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
(g)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(h)    (1)    Except as provided in § 4–318.1 of this subtitle, the Board shall issue a final decision on an action within 120 days after the final day of a hearing.
(2)    If the Board does not issue a final decision within 120 days under paragraph (1) of this subsection, the individual who is the subject of the action may provide written notice to the Board that the individual has not received a final decision in accordance with paragraph (1) of this subsection.
(3)    If the Board does not issue a final decision on an action within 30 days after receiving a written notice under paragraph (2) of this subsection, the final decision shall be in favor of the individual who is the subject of the action.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-319 - Review

(a)    Except as provided in this section for an action under § 4–315 of this subtitle, a person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    Any person aggrieved by a final decision of the Board under § 4–315 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-320 - Injunctive Actions

(a)    An action may be maintained in the name of this State or the Board to enjoin:
(1)    Unauthorized practice of dentistry or dental hygiene;
(2)    Conduct that is a ground for disciplinary action under § 4-315(a) of this subtitle;
(3)    Conduct that violates any prohibition in Subtitle 4 of this title, which relates to dental laboratory work; or
(4)    Conduct that violates the practice limitations of § 4-603 of this title.
(b)    An action under this section may be brought by:
(1)    The Board, in its own name;
(2)    The Attorney General, in the name of this State; or
(3)    A State’s Attorney, in the name of this State.
(c)    An action under this section shall be brought in the county where the defendant:
(1)    Resides; or
(2)    Engages in the acts sought to be enjoined.
(d)    Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
(e)    An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of dentistry under § 4-601 of this title or disciplinary action under § 4-315 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 3 - Licensing › Section 4-321 - Penalties and Cease and Desist Orders

In addition to any other penalties or disciplinary actions authorized under this title, the Board may issue a cease and desist order for conduct that:
(1)    Is in violation of § 4–601 or § 4–602 of this title; or
(2)    Violates any prohibition in Subtitle 4 of this title that relates to dental laboratory work.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 4 - Dental Laboratory Work › Section 4-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Dental technician” means an individual who does dental laboratory work.
(c)    “Subcontracted work authorization” means a written request for subcontracted dental laboratory work.
(d)    “Work authorization” means a written request for dental laboratory work.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 4 - Dental Laboratory Work › Section 4-402 - Requirements for Performing Dental Laboratory Work; Exceptions

(a)    Except as otherwise provided in this subtitle, a person other than a licensed dentist may not do dental laboratory work unless the person:
(1)    Works under a work authorization that meets the requirements of § 4-403 of this subtitle; and
(2)    Uses casts or models made from impressions taken by a licensed dentist.
(b)    The requirements of this subtitle that relate to work authorizations do not apply to:
(1)    A dental laboratory on the premises of a dental office that is used only by the licensed dentists practicing in the office; or
(2)    A dental student, dental technician, or student dental technician while doing dental laboratory work at the educational institution, hospital, or clinic with which the individual is associated.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 4 - Dental Laboratory Work › Section 4-403 - Work Authorization

(a)    The work authorization required by § 4-402 of this subtitle for dental laboratory work shall:
(1)    Be on the form that the Board requires;
(2)    Be signed by a licensed dentist who requests the work; and
(3)    Contain the information required by this section.
(b)    The work authorization shall be prepared in duplicate and contain:
(1)    The name and address of the dental laboratory to do the work;
(2)    Identification of the patient by name or number;
(3)    The date on which the work authorization form was completed;
(4)    A description of the work to be done, including diagrams if necessary;
(5)    A specification of the type of dental materials to be used; and
(6)    The name and license number of the dentist who requests the work.
(c)    A dental laboratory named in a work authorization may subcontract dental laboratory work, if that dental laboratory:
(1)    Completes in duplicate the subcontracted work authorization form that the Board requires; and
(2)    Complies with the record keeping requirements of § 4-404 of this subtitle.
(d)    The Board shall publish:
(1)    An approved standard work authorization form; and
(2)    An approved standard subcontracted work authorization form that is of a color different from the standard work authorization form.
(e)    A dental laboratory in this State may do dental laboratory work on the request of a dentist licensed and practicing in any other state or a foreign country if the request:
(1)    Is on the form that the Board requires or a reasonably equivalent form; and
(2)    Otherwise meets the requirements of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 4 - Dental Laboratory Work › Section 4-404 - Forms Distribution and Records

(a)    (1)    The dentist who signs a work authorization shall:
(i)    Send the original to the dental laboratory named on the work authorization; and
(ii)    Keep the copy.
(2)    The dental laboratory named in the original work authorization shall:
(i)    Send the original of a subcontracted work authorization to the dental laboratory that is to do the subcontracted work; and
(ii)    Keep the copy.
(b)    (1)    The person who keeps or receives the original or copy of a work authorization or subcontracted work authorization shall keep it for at least 1 year.
(2)    If a subcontracted work authorization is issued, the dental laboratory named in the original work authorization shall attach the original work authorization form to the copy of the subcontracted work authorization form and keep the two together in the files of the dental laboratory for at least 1 year.
(c)    If a dentist uses a patient identification number instead of a name on a work authorization, the dentist shall keep in the dentist’s office a cross reference that translates the number to the name of the specific patient.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 4 - Dental Laboratory Work › Section 4-405 - Exceptions to Work Authorization Requirements

A dental laboratory may make dental appliances for research, technique samples, or training purposes:
(1)    Without a work authorization if the dental laboratory annually secures permission from the Board to use plastic typdont or dentoform type models for this fabrication; or
(2)    Under a work authorization signed by a licensed dentist that gives the dental laboratory permission to use the dentist’s cast of a particular patient and that contains:
(i)    The name and address of the dental laboratory;
(ii)    Patient identification by name or number;
(iii)    The date on which the written work authorization form was completed; and
(iv)    The name and license number of the dentist who signs the form.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 4 - Dental Laboratory Work › Section 4-406 - Specific Prohibitions

(a)    A dental laboratory may not accept a request for dental laboratory work unless the request meets the requirements of this subtitle.
(b)    A licensed dentist may not:
(1)    Suggest, request, or in any way direct that a patient appear at a dental laboratory; or
(2)    Sign a work request that does not contain all the information required by this subtitle.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 4 - Dental Laboratory Work › Section 4-407 - Inspections; Evidence of Violation

(a)    (1)    To determine compliance with this subtitle, the Board may inspect, at random, the work authorization forms and files kept by a licensed dentist or dental laboratory.
(2)    The Board may appoint any person, including a dental technician, to conduct the inspection permitted by this subsection.
(b)    Doing dental laboratory work while not in possession of a work authorization or a subcontracted work authorization that meets the requirements of this subtitle is prima facie evidence of a violation of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-501.1 - Dentist Well-Being Committee

(a)    In this section, “Dental Well–Being Committee” means the committee of the Maryland State Dental Association that evaluates and provides assistance to any provider of dental care in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(b)    (1)    Subject to the provisions of paragraph (2) of this subsection, the Maryland State Dental Association shall appoint the members of the Dental Well–Being Committee.
(2)    At least one member of the Dental Well–Being Committee shall be a member of the Maryland Dental Society.
(c)    The Board shall fund the budget of the Dental Well–Being Committee as provided in § 4–207 of this title.
(d)    The Legislative Auditor shall audit the accounts and transactions of the Dental Well–Being Committee as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-502 - Law Governing Recoveries Against Dental Review Bodies and Professional Peer Review Activities

(a)    In accordance with the federal Health Care Quality Improvement Act of 1986, the State elects not to be governed by the provisions of the Act that provide limitations on damages for suits brought under State law against dental review bodies and to individuals participating in professional peer review activities.
(b)    For suits brought under State law, the State shall be governed by this title.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-503 - Advertising

(a)    A licensed dentist may not advertise:
(1)    To guarantee any dental work;
(2)    Making an undifferentiated claim to do dental work painlessly;
(3)    To do dental work in a superior manner; or
(4)    Falsely or in a manner that tends to deceive or mislead the public.
(b)    (1)    A licensed dentist may not:
(i)    Use the designation “Dental Surgeon” on a sign that bears the name of the licensee; or
(ii)    Include a specialty designation in a card, letterhead, sign, telephone directory listing, or other printed matter that bears the name of the licensee, unless:
1.    The licensee is identified by the Board as a specialist in the designated field under § 4-504 of this subtitle; and
2.    The language used to refer to the specialty is approved by the Board.
(2)    A licensed dentist may use the designations “Dr.”, “dentist”, “D.D.S.”, or “D.M.D.” on a sign that bears the licensee’s name.
(c)    A person who is not a licensed dentist may not solicit or advertise to the general public in any manner that the person alters, constructs, duplicates, repairs, or supplies a dental appliance.
(d)    A licensed dentist may use a trade name in connection with the practice of dentistry provided that:
(1)    The use of the trade name is not deceptive or misleading;
(2)    The advertisement in which the trade name appears includes the name of the licensed dentist or the name of the business entity providing the dental services being advertised as long as the advertisement includes the name of a licensed dentist;
(3)    The name of the licensed dentist providing dental services shall appear on the billing invoices, and on the receipts if any are given to patients; and
(4)    Treatment records are maintained that clearly identify the licensed dentist who has performed the dental service for any patient.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-504 - Specialization

(a)    A licensed dentist may not represent to the public that the licensee is a specialist in any field of specialized dental practice unless identified as a specialist in that field by the Board.
(b)    If a licensed dentist requests, the Board shall determine whether the licensee qualifies for Board identification as a specialist.
(c)    The Board may approve any area of specialty recognized by the National Commission on Recognition of Dental Specialties and Certifying Boards or its successor organization.
(d)    (1)    The Board shall adopt rules and regulations concerning application procedures, fees, and required qualifications for identification as a specialist.
(2)    The qualifications required of applicants for Board identification as a specialist may include:
(i)    The requirements established by various specialty certifying boards of the American Dental Association or specialty certifying boards recognized by the National Commission on Recognition of Dental Specialties and Certifying Boards;
(ii)    Education;
(iii)    Professional experience; and
(iv)    Whether, before July 1, 1979, the applicant represented to the public, in an ethical manner, that the applicant was a specialist.
(e)    In approving additional specialties, the Board may consider those fields recognized and approved by the National Commission on Recognition of Dental Specialties and Certifying Boards.
(f)    The Board is a depository for and the arbitrator of the specialty qualification standards of the National Commission on Recognition of Dental Specialties and Certifying Boards.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-505 - Certification of Dental Radiation Technologists

(a)    The Board of Dental Examiners shall:
(1)    Define, for the purpose of this section, the terms “dental radiation technologist” and “practice dental radiation technology”;
(2)    Adopt rules and regulations concerning qualifications, training, certification, monitoring of, and enforcement requirements for a dental radiation technologist; and
(3)    Provide for a requirement to ensure competency in new safety and technological advances.
(b)    The qualifications required of applicants for Board certification as a dental radiation technologist shall include requirements established by:
(1)    The American Dental Association; or
(2)    Any applicable federal standards for training and certification.
(c)    After July 1, 1988, an individual must be certified by the Board as a dental radiation technologist before a licensed dentist may employ the individual to practice dental radiation technology.
(d)    After July 1, 1988, an individual may not practice dental radiation technology unless certified by the Board.
(e)    At least 1 month before a certificate expires, the Board shall send to each certificate holder, by electronic means or first–class mail to the last known electronic or physical address of the certificate holder, a renewal notice that states:
(1)    The date on which the current certificate expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the certificate expires; and
(3)    The amount of the renewal fee.
(f)    An individual may be simultaneously certified as a dental radiation technologist under this section and as an expanded function dental assistant.