reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 2: BOARD OF DENTAL PRACTICE › 32 §18321. Board creation; declaration of policy; compensation

§18321. Board creation; declaration of policy; compensation
1.  Board creation; declaration of policy.
The Board of Dental Practice, as established in Title 5, section 12004‑A, subsection 10, is created within this subchapter, its sole purpose being to protect the public health and welfare. The board carries out this purpose by ensuring that the public is served by competent and honest practitioners and by establishing minimum standards of proficiency in the professions regulated by the board by testing, licensing, regulating and disciplining practitioners of those regulated professions.
[PL 2015, c. 429, §21 (NEW).]
2.  Compensation.
[PL 2023, c. 17, Pt. P, §8 (RP).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 17, Pt. P, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 2: BOARD OF DENTAL PRACTICE › 32 §18322. Board membership

§18322. Board membership
1.  Membership; terms; removal.
The board consists of 9 members appointed by the Governor as follows:
A. Five dentists. Each dentist member must hold a valid dental license under this chapter and must have been in the actual practice of dentistry in this State for at least 10 years immediately preceding appointment. A dentist is not eligible to serve as a member of the board while employing a dental hygienist or a denturist who is a member of the board;   [PL 2015, c. 429, §21 (NEW).]
B. Two dental hygienists. Each dental hygienist member must hold a valid dental hygiene license under this chapter and must have practiced in the State for at least 6 years immediately preceding appointment. A dental hygienist is not eligible to serve as a member of the board while employed by a dentist who is a member of the board;   [PL 2015, c. 429, §21 (NEW).]
C. One denturist. The denturist member must hold a valid denturist license under this chapter and must have practiced in the State for at least 6 years immediately preceding appointment. A denturist is not eligible to serve as a member of the board while employed by a dentist who is a member of the board; and   [PL 2015, c. 429, §21 (NEW).]
D. One public member. The public member must be a person who has no financial interest in the dental profession and has never been licensed, certified or given a permit in this or any other state for the dental profession.   [PL 2015, c. 429, §21 (NEW).]
The Governor may accept nominations from professional associations and from other organizations and individuals. A member of the board must be a legal resident of the State. A person who has been convicted of a violation of the provisions of this Act or any prior dental practice act, or who has been convicted of a crime punishable by more than one year's imprisonment, is not eligible for appointment to the board. Appointments of members must comply with Title 10, section 8009.
[PL 2015, c. 429, §21 (NEW).]
2.  Terms.
Terms of the members of the board are for 5 years. A person who has served 10 years or more on a dental examining board in this State is not eligible for appointment to the board. A member may be removed by the Governor for cause.
[PL 2015, c. 429, §21 (NEW).]
3.  Quorum; chair; vice-chair.
[PL 2023, c. 17, Pt. P, §9 (RP).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 17, Pt. P, §9 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 2: BOARD OF DENTAL PRACTICE › 32 §18324. Rules

§18324. Rules
The board shall adopt rules that are necessary for the implementation of this chapter. The rules may include, but need not be limited to, requirements for licensure, license renewal and license reinstatement as well as practice setting standards that apply to individuals licensed under this chapter relating to recordkeeping, infection control, supervision and administering sedation and anesthesia. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2015, c. 429, §21 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 2: BOARD OF DENTAL PRACTICE › 32 §18326. Subcommittee on Denturists (REPEALED)

§18326. Subcommittee on Denturists
(REPEALED)
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 17, Pt. P, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 2: BOARD OF DENTAL PRACTICE › 32 §18327. Subcommittee on Dental Hygienists (REPEALED)

§18327. Subcommittee on Dental Hygienists
(REPEALED)
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 17, Pt. P, §23 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 2: BOARD OF DENTAL PRACTICE › 32 §18328. Executive director; duties

§18328. Executive director; duties
The commissioner, with the advice of the board and subject to the Civil Service Law, shall appoint an executive director who shall assist the board in carrying out its duties and responsibilities under this chapter. The executive director is responsible for the management of the board's affairs and policies and rules established by the board.   [PL 2023, c. 17, Pt. P, §24 (NEW).]
SECTION HISTORY
PL 2023, c. 17, Pt. P, §24 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18341. Application; fees; general qualifications

§18341. Application; fees; general qualifications
1.  Application.
An applicant seeking an initial or a renewed license must submit an application with the fee established by rule adopted by the director and any other materials required by the board.
[PL 2023, c. 17, Pt. P, §25 (AMD).]
2.  Age.
An applicant must be 18 years of age or older.
[PL 2015, c. 429, §21 (NEW).]
3.  Time limit.
An applicant has 90 days after being notified of the materials needed to complete the application to submit those materials to the board. Failure to complete the application within that 90-day period may result in a denial of the application.
[PL 2015, c. 429, §21 (NEW).]
4.  Basic life support.
An applicant seeking an initial or a renewed license must include evidence of basic life support certification.
[PL 2023, c. 354, §2 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 17, Pt. P, §25 (AMD). PL 2023, c. 354, §2 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18343. Dental radiographer

§18343. Dental radiographer
1.  Dental radiographer license.
Except as provided in section 18347, an applicant for a dental radiographer license must comply with section 18341 and must provide:
A. Verification of a high school diploma or its equivalent as determined by the board; and   [PL 2015, c. 429, §21 (NEW).]
B. Verification of passing an examination in dental radiologic technique and safety required by board rule.   [PL 2015, c. 429, §21 (NEW).]
[PL 2015, c. 429, §21 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18344. Expanded function dental assistant

§18344. Expanded function dental assistant
1.  Expanded function dental assistant license.
Except as provided in section 18347, an applicant for an expanded function dental assistant license must comply with section 18341 and must provide:
A. Verification of a high school diploma or its equivalent as determined by the board;   [PL 2015, c. 429, §21 (NEW).]
B. Verification of one of the following:
(1) A current certificate as a certified dental assistant from a board-approved certificate program;
(2) An active dental hygiene license in good standing issued under the laws of this State; or
(3) An active dental hygiene license in good standing issued under the laws of another state, a United States territory, a foreign nation or a foreign administrative division that issues licenses in the dental professions;   [PL 2021, c. 163, §5 (AMD).]
C. Verification of having successfully completed training in a school or program required by board rule; and   [PL 2015, c. 429, §21 (NEW).]
D. Verification of passing all examinations required by board rule.   [PL 2015, c. 429, §21 (NEW).]
[PL 2021, c. 163, §5 (AMD).]
SECTION HISTORY
RR 2015, c. 2, §22 (COR). PL 2015, c. 429, §21 (NEW). PL 2021, c. 163, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18346. Denturist

§18346. Denturist
1.  Denturist license.
Except as provided in section 18347, an applicant for a denturist license must comply with section 18341 and must provide:
A. Verification of a high school diploma or its equivalent as determined by the board;   [PL 2015, c. 429, §21 (NEW).]
B. Verification of a diploma from a board-approved denturism postsecondary institution; and   [PL 2015, c. 429, §21 (NEW).]
C. Verification of passing all examinations required by board rule. The content of one examination must have a clinical component and a written component concerning, but not limited to, dental materials, denture technology, United States Department of Health and Human Services, Centers for Disease Control and Prevention guidelines, basic anatomy and basic pathology.   [PL 2015, c. 429, §21 (NEW).]
[PL 2015, c. 429, §21 (NEW).]
2.  Faculty denturist license.
An applicant for a faculty denturist license must comply with section 18341 and must provide:
A. Verification of an active denturist license in good standing issued under the laws of another state, a United States territory, a foreign nation or a foreign administrative division that issues licenses in the dental professions; and   [PL 2021, c. 163, §8 (AMD).]
B. Credentials, satisfactory to the board, including a letter from the employing school of dentistry, dental hygiene or denturism indicating that the applicant satisfies the credentialing standards of the school.   [PL 2015, c. 429, §21 (NEW).]
[PL 2021, c. 163, §8 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2021, c. 163, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18347. Endorsement; applicants authorized to practice in another jurisdiction

§18347. Endorsement; applicants authorized to practice in another jurisdiction
The board is authorized, at its discretion, to waive the examination requirements and issue a license or grant an authority to an applicant who is licensed under the laws of another state, a United States territory, a foreign nation or a foreign administrative division that issues licenses in the dental professions who furnishes proof, satisfactory to the board, that the requirements for licensure under this chapter have been met. Applicants must comply with the provisions set forth in section 18341.   [PL 2021, c. 163, §9 (AMD).]
1.  Applicants licensed in another jurisdiction.
An applicant for licensure or seeking authority under this chapter who is licensed under the laws of another jurisdiction is governed by this subsection.
A. An applicant who is licensed in good standing at the time of application to the board under the laws of another state, a United States territory, a foreign nation or a foreign administrative division that issues licenses in the dental professions may qualify for licensure by submitting evidence to the board that the applicant has held a substantially equivalent, valid license for at least 3 consecutive years immediately preceding the application to the board at the level of licensure applied for in this State.   [PL 2021, c. 163, §9 (AMD).]
B. An applicant who does not meet the requirements of paragraph A but is licensed in good standing at the time of application to the board under the laws of another state, a United States territory, a foreign nation or a foreign administrative division that issues licenses in the dental professions may qualify for licensure by submitting evidence satisfactory to the board that the applicant's qualifications for licensure are substantially similar to the requirements in this chapter for the relevant license.   [PL 2021, c. 163, §9 (AMD).]
[PL 2021, c. 163, §9 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2021, c. 163, §9 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18347-A. Temporary license; applicants authorized to work in another jurisdiction

§18347-A. Temporary license; applicants authorized to work in another jurisdiction
Notwithstanding any provision of law to the contrary, the board may issue a temporary license for a period of 6 months and waive all licensing requirements, except for fees unless otherwise provided in this section, to any applicant upon a showing that the applicant holds a valid license in that profession issued by another state. The board may waive the fee for a temporary license if the purpose of the temporary license is to provide free dental care in conjunction with a charitable nonprofit organization.   [PL 2023, c. 165, §1 (AMD).]
SECTION HISTORY
PL 2023, c. 17, Pt. P, §26 (NEW). PL 2023, c. 165, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18348. Registration requirements

§18348. Registration requirements
1.  Dentist externship registration.
[PL 2017, c. 388, §10 (RP).]
2.  Sedation and general anesthesia registration.
A dentist who holds a permit to administer sedation pursuant to section 18379 may register another dentist under that dentist’s license for the purpose of providing clinical supervision in administering sedation or general anesthesia under direct supervision. A registration under this subsection expires one year from the date the registration is granted. Applicants must comply with section 18341 and must submit a letter from the supervising dentist describing the practice settings in which supervision will occur as well as attesting that these arrangements are commensurate with the registrant’s education, training and competency.
[PL 2015, c. 429, §21 (NEW).]
3.  Local anesthesia/nitrous oxide analgesia registration.
A dentist may register a dentist or dental hygienist under that dentist’s license for the purpose of providing clinical supervision in administering local anesthesia or nitrous oxide analgesia under direct supervision. A registration under this section expires one year from the date the registration is granted. Applicants must comply with section 18341 and must submit a letter from the supervising dentist describing the practice settings in which supervision will occur as well as attesting that these arrangements are commensurate with the registrant’s education, training and competency.
[PL 2015, c. 429, §21 (NEW).]
4.  Denturist trainee registration.
A denturist or dentist may register under that dentist's or denturist's license an individual who has completed a board-approved denturism postsecondary program for the purpose of providing additional clinical supervision outside of the academic setting. A registration under this section expires one year from the date the registration is granted, but may be renewed for an additional year. An applicant must comply with section 18341 and must provide:
A. Verification that the trainee has successfully completed a denturism program approved by the board; and   [PL 2017, c. 388, §11 (AMD).]
B. [PL 2017, c. 388, §11 (RP).]
C. A letter from the supervising denturist or dentist that describes the level of supervision that the denturist or dentist will provide and that attests that the performance of these services by the trainee will add to the trainee's knowledge and skill in denturism.   [PL 2017, c. 388, §11 (AMD).]
[PL 2017, c. 388, §11 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2017, c. 388, §§10, 11 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18349. License renewal; reinstatement

§18349. License renewal; reinstatement
1.  Renewal.
Licenses under this chapter expire at such times as the commissioner may designate. In the absence of any reason or condition that might warrant the refusal of granting a license, the board shall issue a renewal license to each applicant who meets the requirements of sections 18341 and 18350.
[PL 2015, c. 429, §21 (NEW).]
2.  Late renewals.
Licenses may be renewed up to 90 days after the date of expiration if the applicant meets the requirements of subsection 1 and pays a late fee established by rule adopted by the director.
[PL 2023, c. 17, Pt. P, §27 (AMD).]
3.  Reinstatement.
A person who submits an application for reinstatement more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is received, together with the penalty fee established by rule adopted by the director, within 2 years from the date of the license expiration.
[PL 2023, c. 17, Pt. P, §28 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 17, Pt. P, §§27, 28 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18350. Continuing education

§18350. Continuing education
As a condition of renewal of a license to practice, an applicant must have a current basic life support certification and complete continuing education during the licensing cycle prior to application for renewal. The board may prescribe by rule the content and types of continuing education activities that meet the requirements of this section.   [PL 2023, c. 354, §4 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 354, §4 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18351. Inactive status

§18351. Inactive status
A licensee who wants to retain licensure while not practicing may apply for an inactive status license. During inactive status, the licensee must renew the license and pay the renewal fee set by rule adopted by the director, but is not required to meet the continuing education requirements under section 18350. The board shall adopt rules by which an inactive status license may be reinstated.   [PL 2023, c. 17, Pt. P, §29 (AMD).]
An individual who practices under a resident dentist license or as a provisional dental therapist may not apply for inactive status.   [PL 2019, c. 388, §8 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2017, c. 388, §12 (AMD). PL 2019, c. 388, §8 (AMD). PL 2023, c. 17, Pt. P, §29 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 3: LICENSING QUALIFICATIONS › 32 §18352. Duty to require certain information from applicants and licensees (REPEALED)

§18352. Duty to require certain information from applicants and licensees
(REPEALED)
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2023, c. 17, Pt. P, §30 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 4: SCOPE OF PRACTICE; SUPERVISION; PRACTICE REQUIREMENTS › 32 §18372. Dental radiographer

§18372. Dental radiographer
1.  Scope of practice.
A licensed dental radiographer may practice dental radiography under the general supervision of a dentist or an independent practice dental hygienist.
[PL 2017, c. 388, §16 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2017, c. 388, §16 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 4: SCOPE OF PRACTICE; SUPERVISION; PRACTICE REQUIREMENTS › 32 §18375. Independent practice dental hygienist

§18375. Independent practice dental hygienist
1.  Scope of practice.
An independent practice dental hygienist may perform the following duties:
A. [PL 2023, c. 354, §8 (RP).]
B. [PL 2023, c. 354, §8 (RP).]
C. [PL 2023, c. 354, §8 (RP).]
D. [PL 2023, c. 354, §8 (RP).]
E. Perform all procedures necessary for a complete prophylaxis, including but not limited to scaling and root planing and periodontal maintenance;   [PL 2023, c. 354, §8 (AMD).]
F. [PL 2023, c. 354, §8 (RP).]
G. [PL 2023, c. 354, §8 (RP).]
H. [PL 2023, c. 354, §8 (RP).]
I. Apply sealants;   [PL 2015, c. 429, §21 (NEW).]
J. Smooth and polish restorations;   [PL 2023, c. 354, §8 (AMD).]
K. [PL 2017, c. 388, §20 (RP).]
L. Obtain impressions for and deliver athletic mouth guards and custom fluoride trays;   [PL 2023, c. 354, §8 (AMD).]
M. [PL 2023, c. 354, §8 (RP).]
N. Place temporary restorations in compliance with the protocol adopted by the board;   [PL 2015, c. 429, §21 (NEW).]
O. [PL 2023, c. 354, §8 (RP).]
P. Expose and process radiographs, including but not limited to vertical and horizontal bitewing films, periapical films, panoramic images and full-mouth series;   [PL 2023, c. 354, §8 (AMD).]
Q. Prescribe, dispense or administer fluoride, silver diamine fluoride, antimicrobial solutions for mouth rinsing, topical anesthetics, other nonsystemic antimicrobial agents, desensitizing agents and resorbable antimicrobial agents; and   [PL 2023, c. 354, §8 (AMD).]
R. Perform dental hygiene assessment, dental hygiene diagnosis and dental hygiene treatment planning and implementation in the identification, prevention and management of oral disease.   [PL 2023, c. 354, §8 (NEW).]
[PL 2023, c. 354, §8 (AMD).]
2.  Practice standards.
An independent practice dental hygienist has the duties and responsibilities set out in this subsection with respect to each patient seen in an independent capacity.
A. Prior to an initial patient visit, an independent practice dental hygienist shall obtain from the patient or the parent or guardian of a minor patient written acknowledgment of the patient's or parent's or guardian's understanding that the independent practice dental hygienist is not a dentist and that the service to be rendered does not constitute restorative care or treatment.   [PL 2015, c. 429, §21 (NEW).]
B. An independent practice dental hygienist shall provide to a patient or the parent or guardian of a minor patient a written plan for referral to a dentist for any necessary dental care. The referral plan must identify all conditions that should be called to the attention of the dentist.   [PL 2015, c. 429, §21 (NEW).]
[PL 2015, c. 429, §21 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2017, c. 388, §§20, 21 (AMD). PL 2023, c. 354, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 4: SCOPE OF PRACTICE; SUPERVISION; PRACTICE REQUIREMENTS › 32 §18376. Public health dental hygienist

§18376. Public health dental hygienist
1.  Scope of practice.
A public health dental hygienist may perform the following procedures in a public health setting:
A. Prescribe, dispense or administer fluoride, silver diamine fluoride, antimicrobial solutions for mouth rinsing, topical anesthetics, other nonsystemic antimicrobial agents, desensitizing agents and resorbable antimicrobial agents;   [PL 2023, c. 354, §9 (AMD).]
B. [PL 2023, c. 354, §9 (RP).]
C. [PL 2023, c. 354, §9 (RP).]
D. [PL 2023, c. 354, §9 (RP).]
E. [PL 2023, c. 354, §9 (RP).]
F. Apply sealants;   [PL 2015, c. 429, §21 (NEW).]
G. [PL 2023, c. 354, §9 (RP).]
H. [PL 2017, c. 388, §22 (RP).]
I. Expose and process radiographs;   [PL 2023, c. 354, §9 (AMD).]
J. [PL 2023, c. 354, §9 (RP).]
K. [PL 2023, c. 354, §9 (RP).]
L. [PL 2023, c. 354, §9 (RP).]
M. [PL 2023, c. 354, §9 (RP).]
N. [PL 2023, c. 354, §9 (RP).]
O. [PL 2023, c. 354, §9 (RP).]
P. Perform all procedures necessary for a complete prophylaxis, including but not limited to scaling and root planing and periodontal maintenance;   [PL 2023, c. 354, §9 (AMD).]
Q. [PL 2023, c. 354, §9 (RP).]
R. [PL 2023, c. 354, §9 (RP).]
S. [PL 2023, c. 354, §9 (RP).]
T. [PL 2023, c. 354, §9 (RP).]
U. [PL 2023, c. 354, §9 (RP).]
V. [PL 2023, c. 354, §9 (RP).]
W. [PL 2023, c. 354, §9 (RP).]
X. [PL 2023, c. 354, §9 (RP).]
Y. [PL 2023, c. 354, §9 (RP).]
Z. Place temporary restorations in compliance with the protocol adopted by board rule;   [PL 2015, c. 429, §21 (NEW).]
AA. [PL 2023, c. 354, §9 (RP).]
BB. [PL 2023, c. 354, §9 (RP).]
CC. Smooth and polish restorations;   [PL 2023, c. 354, §9 (AMD).]
DD. [PL 2023, c. 354, §9 (RP).]
EE. [PL 2023, c. 354, §9 (RP).]
FF. Obtain impressions for and deliver athletic mouth guards and custom fluoride trays; and   [PL 2017, c. 388, §23 (AMD).]
GG. [PL 2023, c. 354, §9 (RP).]
HH. Perform dental hygiene assessment, dental hygiene diagnosis and dental hygiene treatment planning and implementation in the identification, prevention and management of oral disease.   [PL 2023, c. 354, §9 (NEW).]
[PL 2023, c. 354, §9 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2017, c. 388, §§22, 23 (AMD). PL 2023, c. 354, §9 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 4: SCOPE OF PRACTICE; SUPERVISION; PRACTICE REQUIREMENTS › 32 §18378. Denturist

§18378. Denturist
1.  Scope of practice.
A denturist and faculty denturist may:
A. Obtain denture impressions and bite registrations for the purpose of or with a view to making, producing, reproducing, constructing, finishing, supplying, altering or repairing a denture to be fitted to an edentulous or partially edentulous arch or arches;   [PL 2017, c. 388, §24 (AMD).]
B. Fit a denture to an edentulous or partially edentulous arch or arches, including by making, producing, reproducing, constructing, finishing, supplying, altering or repairing dentures without performing alteration to natural or reconstructed tooth structure. A denturist may perform clinical procedures related to the fabrication of a removable tooth-borne partial denture, including cast frameworks;   [PL 2015, c. 429, §21 (NEW).]
C. Perform procedures incidental to the procedures specified in paragraphs A and B, as specified by board rule; and   [PL 2015, c. 429, §21 (NEW).]
D. Make, place, construct, alter, reproduce or repair nonorthodontic removable sports mouth guards and provide teeth whitening services, including by fabricating whitening trays, providing whitening solutions determined to be safe for public use and providing any required follow-up care and instructions for use of the trays and solutions at home.   [PL 2015, c. 429, §21 (NEW).]
[PL 2017, c. 388, §24 (AMD).]
2.  Limitation.
An individual with a faculty denturist license may provide the services described in this section only as part of the education program for which the license was issued by the board.
[PL 2015, c. 429, §21 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2017, c. 388, §24 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 4: SCOPE OF PRACTICE; SUPERVISION; PRACTICE REQUIREMENTS › 32 §18379. Sedation and general anesthesia permits

§18379. Sedation and general anesthesia permits
The board shall adopt by rule the qualifications a dentist must have to obtain a permit from the board authorizing the administration of sedation and general anesthesia. The board shall also adopt the guidelines for such administration, including but not limited to practice setting requirements.   [PL 2015, c. 429, §21 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 5: PRACTICE STANDARDS › 32 §18391. Amalgam brochures; posters

§18391. Amalgam brochures; posters
1.  Brochure; poster.
The Director of the Bureau of Health within the Department of Health and Human Services shall develop a brochure that explains the potential advantages and disadvantages to oral health, overall human health and the environment of using mercury or mercury amalgam in dental procedures. The brochure must describe what alternatives are available to mercury amalgam in various dental procedures and what potential advantages and disadvantages are posed by the use of those alternatives. The brochure may also include other information that contributes to the patient's ability to make an informed decision when choosing between the use of mercury amalgam or an alternative material in a dental procedure, including, but not limited to, information on the durability, cost, aesthetic quality or other characteristics of the mercury amalgam and alternative materials. The director shall also develop a poster that informs patients of the availability of the brochure.
The Director of the Bureau of Health shall, in consultation with the Department of Environmental Protection, adopt the brochure and the poster described in this subsection through major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2015, c. 429, §21 (NEW).]
2.  Display.
A dentist who uses mercury or a mercury amalgam in any dental procedure shall display the poster adopted by the Department of Health and Human Services, Bureau of Health under this section in the public waiting area of the practice setting and shall provide each patient a copy of the brochure adopted by the bureau under this section. The Department of Health and Human Services shall also post on its publicly accessible website a copy of the brochure that is suitable for downloading and printing by dentists, patients and other interested parties.
[PL 2015, c. 429, §21 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 5: PRACTICE STANDARDS › 32 §18392. Removable dental prosthesis; owner identification

§18392. Removable dental prosthesis; owner identification
1.  Identification required.
Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist or denturist, or fabricated pursuant to the dentist's or denturist's work order or under the dentist's or denturist's direction or supervision, must be marked with the name and social security number of the patient for whom the prosthesis is intended. The markings must be made during fabrication and must be permanent, legible and cosmetically acceptable. The exact location of the markings and the methods used to apply or implant the markings must be determined by the dentist or dental laboratory fabricating the prosthesis. If, in the professional judgment of the dentist or dental laboratory, this identification is not practical, identification must be provided as follows:
A. The social security number of the patient may be omitted if the name of the patient is shown;   [PL 2015, c. 429, §21 (NEW).]
B. The initials of the patient may be shown alone, if use of the name of the patient is impracticable; or   [PL 2015, c. 429, §21 (NEW).]
C. The identification marks may be omitted in their entirety if none of the forms of identification specified in paragraphs A and B are practicable or clinically safe.   [PL 2015, c. 429, §21 (NEW).]
[PL 2015, c. 429, §21 (NEW).]
2.  Applicability.
A removable dental prosthesis in existence prior to September 23, 1983 that was not marked in accordance with subsection 1 at the time of its fabrication must be marked in accordance with subsection 1 at the time of a subsequent rebasing.
[PL 2015, c. 429, §21 (NEW).]
3.  Violation.
Failure of a dentist or denturist to comply with this section constitutes grounds for discipline pursuant to section 18325, as long as the dentist or denturist is charged with the violation within 2 years of initial insertion of the dental prosthetic device.
[PL 2015, c. 429, §21 (NEW).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 143: DENTAL PROFESSIONS › Subchapter 5: PRACTICE STANDARDS › 32 §18394. Teledentistry

§18394. Teledentistry
An individual licensed under this chapter may provide oral health care services and procedures authorized under this chapter or by rule using teledentistry. The board shall adopt by rule guidelines and practice standards for the use of teledentistry, including, but not limited to, practice requirements for protecting patient rights and protocols for referrals, quality and safety, informed consent, patient evaluation, treatment parameters, patient records, prescribing, supervision and compliance with data exchange standards for the security and confidentiality of patient information. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 223, §14 (NEW).]
SECTION HISTORY
PL 2021, c. 223, §14 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18501. Short title

§18501. Short title
This chapter may be known and cited as "the Interstate Medical Licensure Compact."   [PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18502. Purpose

§18502. Purpose
In order to strengthen access to health care and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state member boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter and therefore requires the physician to be under the jurisdiction of the state member board where the patient is located. State member boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.   [PL 2017, c. 253, §7 (NEW).]
This compact is the Maine enactment of the Interstate Medical Licensure Compact as revised by the Interstate Medical Licensure Compact Commission. The form, format and text of the compact have been changed minimally so as to conform to Maine statutory conventions. The changes are technical in nature and it is the intent of the Legislature that this Act be interpreted as substantively the same as the Interstate Medical Licensure Compact that is enacted by other member states.   [PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18504. Eligibility

§18504. Eligibility
1.  Eligibility requirements.
A physician may receive an expedited license under the terms and provisions of the compact.
[PL 2017, c. 253, §7 (NEW).]
2.  Exception.
An individual who does not meet the requirements of section 18503, subsection 11 may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18505. Designation of state of principal license

§18505. Designation of state of principal license
1.  State of principal license.
A physician must designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
A. The state of primary residence for the physician;   [PL 2017, c. 253, §7 (NEW).]
B. The state where at least 25% of the physician's practice of medicine occurs;   [PL 2017, c. 253, §7 (NEW).]
C. The location of the physician's employer; or   [PL 2017, c. 253, §7 (NEW).]
D. If no state qualifies under paragraphs A to C, the state designated as the physician's state of residence for the purpose of federal income tax.   [PL 2017, c. 253, §7 (NEW).]
[PL 2017, c. 253, §7 (NEW).]
2.  Redesignation.
A physician may designate another member state as the state of principal license at any time after a designation under subsection 1, as long as the state meets the requirements in subsection 1.
[PL 2017, c. 253, §7 (NEW).]
3.  Rules.
The interstate commission is authorized to adopt rules pursuant to section 18516 to facilitate designation pursuant to subsection 2 of another member state as the state of principal license.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18507. Fees for expedited licensure

§18507. Fees for expedited licensure
1.  Fees.
A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
[PL 2017, c. 253, §7 (NEW).]
2.  Rules.
The interstate commission is authorized to adopt rules pursuant to section 18516 regarding fees for expedited licenses.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18508. Renewal and continued participation

§18508. Renewal and continued participation
1.  License renewal process.
A physician seeking to renew an expedited license granted in a member state must complete a renewal process with the interstate commission. The physician is eligible for renewal if the physician:
A. Maintains a full and unrestricted license in a state of principal license;   [PL 2017, c. 253, §7 (NEW).]
B. Has not been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;   [PL 2017, c. 253, §7 (NEW).]
C. Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and   [PL 2017, c. 253, §7 (NEW).]
D. Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.   [PL 2017, c. 253, §7 (NEW).]
[PL 2017, c. 253, §7 (NEW).]
2.  Professional development.
A physician must comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
[PL 2017, c. 253, §7 (NEW).]
3.  Renewal fees.
The interstate commission shall collect from the physician any renewal fee charged for the renewal of a license and distribute the fee to the applicable member board.
[PL 2017, c. 253, §7 (NEW).]
4.  License renewal.
Upon receipt of the renewal fee collected in subsection 3, a member board shall renew the physician's license.
[PL 2017, c. 253, §7 (NEW).]
5.  Physician information.
Physician information collected by the interstate commission during the renewal process must be distributed to all member boards.
[PL 2017, c. 253, §7 (NEW).]
6.  Rules.
The interstate commission is authorized to adopt rules pursuant to section 18516 to address renewal of licenses obtained through the compact.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18509. Coordinated information system

§18509. Coordinated information system
1.  Database.
The interstate commission shall establish a database of all physicians licensed or who have applied for licensure under section 18506.
[PL 2017, c. 253, §7 (NEW).]
2.  Public action or complaint.
Notwithstanding any other provision of law, a member board shall report to the interstate commission any public action or complaint against a physician licensed by that member board who has applied for or received an expedited license through the compact.
[PL 2017, c. 253, §7 (NEW).]
3.  Disciplinary or investigatory information.
A member board shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
[PL 2017, c. 253, §7 (NEW).]
4.  Other reports.
A member board may report any nonpublic complaint, disciplinary or investigatory information not required to be reported by subsection 3 to the interstate commission.
[PL 2017, c. 253, §7 (NEW).]
5.  Information sharing.
A member board shall share complaint or disciplinary information about a physician upon request of another member board.
[PL 2017, c. 253, §7 (NEW).]
6.  Confidentiality.
Information provided to the interstate commission or distributed by a member board is confidential within the meaning of Title 1, section 402, subsection 3, paragraph A and may be used only for investigatory or disciplinary matters under sections 18510 and 18511.
[PL 2017, c. 253, §7 (NEW).]
7.  Rules.
The interstate commission is authorized to adopt rules pursuant to section 18516 regarding mandated or discretionary sharing of information by member boards.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18510. Joint investigations

§18510. Joint investigations
1.  Joint investigations.
In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of a physician licensed by the member boards.
[PL 2017, c. 253, §7 (NEW).]
2.  Subpoenas.
A subpoena issued by a member state is enforceable in other member states.
[PL 2017, c. 253, §7 (NEW).]
3.  Materials sharing.
Notwithstanding any other provision of law, a member board may share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
[PL 2017, c. 253, §7 (NEW).]
4.  Investigations in other member states.
A member state may investigate actual or alleged violations of the laws authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18511. Disciplinary actions

§18511. Disciplinary actions
1.  Unprofessional conduct.
A physician licensed through the compact who is the subject of a disciplinary action taken by a member board is deemed to have engaged in unprofessional conduct and may be subject to discipline by another member board, in addition to discipline for any violation of the medical practice act or rules in that member board's state.
[PL 2017, c. 253, §7 (NEW).]
2.  License revocation.
If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards must automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board remains encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that member board's state.
[PL 2017, c. 253, §7 (NEW).]
3.  Matter of law and fact decided.
If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided and may:
A. Impose the same or a lesser sanction against the physician as long as such sanction is consistent with the medical practice act of that member board's state; or   [PL 2017, c. 253, §7 (NEW).]
B. Pursue separate disciplinary action against the physician under the medical practice act of the member board's state, regardless of the action taken in other member states.   [PL 2017, c. 253, §7 (NEW).]
[PL 2017, c. 253, §7 (NEW).]
4.  Licenses in other member states.
If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board must be suspended, automatically and immediately without further action necessary by the other member board, for 90 days upon entry of the order by the disciplining member board, to permit the other member board to investigate the basis for the action under the medical practice act of that member board's state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90-day suspension period in a manner consistent with the medical practice act of that member board's state.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18514. Finance powers

§18514. Finance powers
1.  Annual assessment.
The interstate commission may levy an annual assessment on and collect the assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated upon a formula to be determined by the interstate commission. The interstate commission shall adopt the formula by rule binding upon all member states.
[PL 2017, c. 253, §7 (NEW).]
2.  Obligations.
The interstate commission may not incur an obligation of any kind prior to securing the funds adequate to meet that obligation.
[PL 2017, c. 253, §7 (NEW).]
3.  Credit.
The interstate commission may not pledge the credit of another member state, except by and with the authority of that member state.
[PL 2017, c. 253, §7 (NEW).]
4.  Financial audit.
The interstate commission is subject to a yearly financial audit conducted by a certified or licensed public accountant, and the report of the audit must be included in the annual report of the interstate commission under section 18513, subsection 1, paragraph K.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).