EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1266*
HOUSE BILL 1266
J2 2lr2946
HB 921/20 – HGO
By: Delegates P. Young, Terrasa, and K. Young
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Dentists – Saliva Lead Poisoning Screening Tests – Scope of Practice and 2
Requirements 3
FOR the purpose of authorizing a dentist to collect oral saliva samples to screen for lead 4
poisoning in individuals under a certain age; and generally relating to saliva lead 5
poisoning screening tests and dentists. 6
BY repealing and reenacting, without amendments, 7
Article – Health Occupations 8
Section 4–101(a) 9
Annotated Code of Maryland 10
(2021 Replacement Volume) 11
BY repealing and reenacting, with amendments, 12
Article – Health Occupations 13
Section 4–101(l) 14
Annotated Code of Maryland 15
(2021 Replacement Volume) 16
BY adding to 17
Article – Health Occupations 18
Section 4–510 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Health Occupations 24
4–101. 25 2 HOUSE BILL 1266
(a) In this title the following words have the meanings indicated. 1
(l) (1) “Practice dentistry” means to: 2
(i) Perform or attempt to perform any intraoral dental service or 3
intraoral dental operation; 4
(ii) Diagnose, treat, or attempt to diagnose or treat any disease, 5
injury, malocclusion, or malposition of a tooth, gum, or jaw, or structures associated with a 6
tooth, gum, or jaw if the service, operation, or procedure is included in the curricula of an 7
accredited dental school or in an approved dental residency program of an accredited 8
hospital or teaching institution; 9
(iii) Perform or offer to perform dental laboratory work; 10
(iv) Place or adjust a dental appliance in a human mouth; [or] 11
(v) Administer anesthesia for the purposes of dentistry and not as a 12
medical specialty; OR 13
(VI) COLLECT ORAL SALIVA S AMPLES TO SCREEN FOR LEAD 14
POISONING. 15
(2) “Practice dentistry” includes: 16
(i) Patient evaluation, diagnosis, and determination of treatment 17
plans; 18
(ii) Determination of treatment options, including the choice of 19
restorative and treatment materials and diagnostic equipment; and 20
(iii) Determination and establishment of dental patient protocols, 21
dental standards of care, and dental practice guidelines. 22
4–510. 23
(A) (1) A DENTIST MAY COLLECT AN ORAL SALIVA SAMPL E TO SCREEN 24
FOR LEAD POISONING I N AN INDIVIDUAL UNDER THE AGE OF 19 YEARS. 25
(2) THE DENTIST SHALL SEN D AN ORAL SAMPLE COL LECTED UNDER 26
PARAGRAPH (1) OF THIS SUBSECTION F OR ANALYSIS TO A MED ICAL LABORATORY 27
CERTIFIED IN ACCORDA NCE WITH THE FEDERAL CLINICAL LABORATORY 28
IMPROVEMENT AMENDMENTS OF 1988 AND THAT PARTICIPATE S IN THE MARYLAND 29
MEDICAL ASSISTANCE PROGRAM. 30
HOUSE BILL 1266 3
(B) ON RECEIPT OF THE RES ULTS OF A SALIVA LEA D POISONING 1
SCREENING TEST ANALY ZED UNDER SUBSECTION (A) OF THIS SECTION , THE 2
DENTIST SHALL SEND : 3
(1) A WRITTEN NOTICE OF TH E RESULTS AND AN Y 4
RECOMMENDATIONS FOR FURTHER ACTION TO TH E PARENT OR LEGAL GU ARDIAN 5
OF THE CHILD WHO IS THE SUBJECT OF THE S ALIVA LEAD POISONING SCREENING 6
TEST; AND 7
(2) A COPY OF THE RESULTS AND ANY OTHER REQUIR ED 8
INFORMATION TO THE DEPARTMENT OF THE ENVIRONMENT IN AC CORDANCE WITH 9
§ 6–303 OF THE ENVIRONMENT ARTICLE. 10
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A DENTIST TO 11
CONDUCT SALIVA LEAD SCREENING TESTS . 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2022. 14