Maryland 2022 Regular Session

Maryland House Bill HB968 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 364
21
3-– 1 –
4-Chapter 364
5-(House Bill 968)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0968*
810
9-Health Occupations – Dental Assistants – Certification and Regulation
11+HOUSE BILL 968
12+J2 (2lr1510)
13+ENROLLED BILL
14+— Health and Government Operations/Education, Health, and Environmental
15+Affairs —
16+Introduced by Delegate Kipke Delegates Kipke, Bagnall, Bhandari, Chisholm, Hill,
17+Johnson, Kaiser, Kelly, Kerr, Landis, R. Lewis, Pena–Melnyk, Pendergrass,
18+and K. Young
1019
11-FOR the purpose of establishing a certification and regulatory scheme to certify dental
12-assistants to perform certain intraoral procedures; specifying the intraoral
13-procedures a dental assistant is authorized to perform without being certified by the
14-State Board of Dental Examiners and the intraoral procedu res that require
15-certification; authorizing the Board to penalize a licensed dentist who allows a dental
16-assistant to provide dental care in an unauthorized manner or without required
17-instruction or supervision; and generally relating to dental assistants.
20+Read and Examined by Proofreaders:
1821
19-BY repealing and reenacting, without amendments,
20- Article – Health Occupations
21-Section 4–101(a)
22- Annotated Code of Maryland
23- (2021 Replacement Volume)
22+_______________________________________________
23+Proofreader.
24+_______________________________________________
25+Proofreader.
2426
25-BY adding to
26- Article – Health Occupations
27-Section 4–101(b–1) and (c–1) 4–101(c–1) and (g–1), 4–301.1, 4–302.1, 4–304.1,
28-4–305.1, 4–307.1, 4–309.1, 4–313.1, and 4–315(a)(38)
29- Annotated Code of Maryland
30- (2021 Replacement Volume)
27+Sealed with the Great Seal and presented to the Governor, for his approval this
3128
32-BY repealing and reenacting, with amendments,
33- Article – Health Occupations
34-Section 4–205(a)(1)(iii), 4–301(b)(5), 4–315(a)(36) and (37), and 4–505
35- Annotated Code of Maryland
36- (2021 Replacement Volume)
29+_______ day of _______________ at ________________________ o’clock, ________M.
3730
38- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
39-That the Laws of Maryland read as follows:
31+______________________________________________
32+Speaker.
4033
41-Article – Health Occupations
34+CHAPTER ______
4235
43-4–101.
36+AN ACT concerning 1
4437
45- (a) In this title the following words have the meanings indicated.
38+Health Occupations – Dental Assistants – Certification and Regulation 2
4639
47- (B–1) “CERTIFIED DENTAL ASSI STANT” MEANS A DENTAL ASSIS TANT WHO IS
48-CERTIFIED BY THE BOARD TO PERFORM SPEC IFIED INTRAORAL PROC EDURES. Ch. 364 2022 LAWS OF MARYLAND
40+FOR the purpose of establishing a certification and regulatory scheme to certify dental 3
41+assistants to perform certain intraoral procedures; specifying the intraoral 4
42+procedures a dental assistant is authorized to perform without being certified by the 5
43+State Board of Dental Examiners and the intraoral procedures that require 6
44+certification; authorizing the Board to penalize a licensed dentist who allows a dental 7
45+assistant to provide dental care in an unauthorized manner or without required 8
46+instruction or supervision; and generally relating to dental assistants. 9
4947
50-– 2 –
48+BY repealing and reenacting, without amendments, 10
49+ Article – Health Occupations 11 2 HOUSE BILL 968
5150
52- (C–1) “DENTAL ASSISTANT ” MEANS AN INDIVIDUAL WHO DIRECTLY ASSISTS A
53-DENTIST IN THE PRACTICE OF D ENTISTRY.
5451
55- (G–1) “EXPANDED FUNCTION DEN TAL ASSISTANT ” MEANS A DENTAL
56-ASSISTANT WHO IS CER TIFIED BY THE BOARD TO PERFORM SPEC IFIC INTRAORAL
57-PROCEDURES .
52+Section 4–101(a) 1
53+ Annotated Code of Maryland 2
54+ (2021 Replacement Volume) 3
5855
59-4–205.
56+BY adding to 4
57+ Article – Health Occupations 5
58+Section 4–101(b–1) and (c–1) 4–101(c–1) and (g–1), 4–301.1, 4–302.1, 4–304.1, 6
59+4–305.1, 4–307.1, 4–309.1, 4–313.1, and 4–315(a)(38) 7
60+ Annotated Code of Maryland 8
61+ (2021 Replacement Volume) 9
6062
61- (a) In addition to the powers set forth elsewhere in this title, the Board may:
63+BY repealing and reenacting, with amendments, 10
64+ Article – Health Occupations 11
65+Section 4–205(a)(1)(iii), 4–301(b)(5), 4–315(a)(36) and (37), and 4–505 12
66+ Annotated Code of Maryland 13
67+ (2021 Replacement Volume) 14
6268
63- (1) Adopt regulations governing:
69+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
70+That the Laws of Maryland read as follows: 16
6471
65- (iii) The use of a dental assistant by a licensed dentist in performing
66-intraoral procedures, INCLUDING:
72+Article – Health Occupations 17
6773
68- 1. REASONABLE POLICIES A ND GUIDELINES FOR A
69-DENTAL ASSISTANT TO ASSIST IN PERFORMING INTRAORAL PRO CEDURES
70-AUTHORIZED UNDER § 4–301(A) OF THIS TITLE; AND
74+4–101. 18
7175
72- 2. REASONABLE SUBJECT TO § 4–302.1(E) OF THIS
73-TITLE, REASONABLE EDUCATION OR TRAININ G REQUIREMENTS FOR A N INDIVIDUAL
74-TO BECOME A CERTIFIED AN EXPANDED FUNCTION DENTAL ASSISTANT AND
75-PERFORM THE INT RAORAL PROCEDURES AU THORIZED UNDER § 4–301.1(B) OF THIS
76-TITLE;
76+ (a) In this title the following words have the meanings indicated. 19
7777
78-4–301.
78+ (B–1) “CERTIFIED DENTAL ASSI STANT” MEANS A DENTAL ASSIS TANT WHO IS 20
79+CERTIFIED BY THE BOARD TO PERFORM SPEC IFIED INTRAORAL PROC EDURES. 21
7980
80- (b) This section does not apply to:
81+ (C–1) “DENTAL ASSISTANT” MEANS AN INDIVIDUAL WHO DIRECTLY ASSISTS A 22
82+DENTIST IN THE PRACT ICE OF DENTISTRY . 23
8183
82- (5) A dental assistant, if the dental assistant:
84+ (G–1) “EXPANDED FUNCTION DEN TAL ASSISTANT ” MEANS A DENTAL 24
85+ASSISTANT WHO IS CER TIFIED BY THE BOARD TO PERFORM SPEC IFIC INTRAORAL 25
86+PROCEDURES . 26
8387
84- (i) Subject to the rules and regulations adopted by the Board,
85-performs only procedures that do not require the professional skills of a licensed dentist;
86-and
88+4–205. 27
8789
88- (ii) Performs intraoral [tasks] PROCEDURES IN ACCORDANCE
89-WITH § 4–301.1 OF THIS SUBTITLE only under the direct supervision of a licensed dentist
90-who personally is present in the office area where the [tasks] PROCEDURES are performed;
91-or
90+ (a) In addition to the powers set forth elsewhere in this title, the Board may: 28
9291
93-4–301.1.
94- LAWRENCE J. HOGAN, JR., Governor Ch. 364
92+ (1) Adopt regulations governing: 29
9593
96-– 3 –
97- (A) (1) A DENTAL ASSISTANT MAY ASSIST A LICENSED DE NTIST IN
98-PROVIDING THE FOLLOW ING INTRAORAL PROCED URES UNDER THE DIREC T
99-SUPERVISION OF A LIC ENSED DENTIST WITHOU T BEING CERTIFIED BY THE BOARD:
94+ (iii) The use of a dental assistant by a licensed dentist in performing 30
95+intraoral procedures, INCLUDING: 31
96+ HOUSE BILL 968 3
10097
101- (1) (I) RINSING AND ASPIRATIO N OF THE ORAL CAVITY ;
10298
103- (2) (II) RETRACTION OF THE LIP S, CHEEKS, TONGUE, AND FLAPS;
99+ 1. REASONABLE POLICIES A ND GUIDELINES FOR A 1
100+DENTAL ASSISTANT TO ASSIST IN PERFORMING INTRAORAL PROCEDURES 2
101+AUTHORIZED UNDER § 4–301(A) OF THIS TITLE; AND 3
104102
105- (3) (III) PLACEMENT AND REMOVAL OF MATERIALS FOR THE
106-ISOLATION OF THE DEN TITION, PROVIDED THAT THE MA TERIAL IS NOT RETAIN ED
107-BY THE DENTITION ;
103+ 2. REASONABLE SUBJECT TO § 4–302.1(E) OF THIS 4
104+TITLE, REASONABLE EDUCATION OR TRAININ G REQUIREMENTS FOR A N INDIVIDUAL 5
105+TO BECOME A CERTIFIED AN EXPANDED FUNCTION DENTAL ASSISTANT AND 6
106+PERFORM THE INTRAORA L PROCEDURES AUTHORI ZED UNDER § 4–301.1(B) OF THIS 7
107+TITLE; 8
108108
109- (4) (IV) INSTRUCTING ON ORAL H YGIENE;
109+4–301. 9
110110
111- (5) PERFORMING INTRAORAL PHOTOGRAPHY OTHER TH AN
112-CONVENTIONAL OR DIGI TAL X–RAY;
111+ (b) This section does not apply to: 10
113112
114- (6) (V) TAKING IMPRESSIONS FO R STUDY MODELS OR DI AGNOSTIC
115-CASTS;
113+ (5) A dental assistant, if the dental assistant: 11
116114
117- (7) (VI) CONSTRUCTING ATHLETIC MOUTH GUARDS ON MODELS;
115+ (i) Subject to the rules and regulations adopted by the Board, 12
116+performs only procedures that do not require the professional skills of a licensed dentist; 13
117+and 14
118118
119- (8) (VII) APPLYING TOPICAL ANES THESIA;
119+ (ii) Performs intraoral [tasks] PROCEDURES IN ACCORDANCE 15
120+WITH § 4–301.1 OF THIS SUBTITLE only under the direct supervision of a licensed dentist 16
121+who personally is present in the office area where the [tasks] PROCEDURES are performed; 17
122+or 18
120123
121- (9) (VIII) CURING BY THE USE OF HALOGEN LIGHT ;
124+4–301.1. 19
122125
123- (10) (IX) CHECKING FOR LOOSE BA NDS; AND
126+ (A) (1) A DENTAL ASSISTANT MAY ASSIST A LICENSED DE NTIST IN 20
127+PROVIDING THE FOLLOW ING INTRAORAL PROCED URES UNDER THE DIREC T 21
128+SUPERVISION OF A LIC ENSED DENTIST WITHOU T BEING CERTIFIED BY THE BOARD: 22
124129
125- (11) (X) ANY OTHER PROCEDURE T HAT THE BOARD AUTHORIZES BY
126-A RULE OR REGULATION .
130+ (1) (I) RINSING AND ASPIRATIO N OF THE ORAL CAVITY ; 23
127131
128- (2) A DENTAL ASSISTANT MAY ASSIST IN PERFORMING INTRAORAL
129-PHOTOGRAPHY , OTHER THAN CONVENTIO NAL OR DIGITAL X–RAY, UNDER THE
130-GENERAL SUPERVISION OF A LICENSED DENTIS T WHO REVIEWS THE PH OTOGRAPHY
131-AND AUTHORIZES THE T REATMENT PLAN WITHOU T BEING CERTIFIED BY THE
132-BOARD.
132+ (2) (II) RETRACTION OF THE LIP S, CHEEKS, TONGUE, AND FLAPS; 24
133133
134- (B) (1) EXCEPT FOR AN INDIVIDUAL LI CENSED AS A DENTIST OR A
135-DENTAL HYGIENIST UND ER THIS TITLE, AN INDIVIDUAL SHALL BE CERTIFIED BY
136-THE BOARD AS A CERTIFIED AN EXPANDED FUNCTION DENTAL ASSISTANT
137-AUTHORIZED TO PERFOR M AT LEAST ONE OF TH E FOLLOWING INTRAORA L
138-PROCEDURES BEFO RE THE INDIVIDUAL MA Y PERFORM THE INTRAO RAL
139-PROCEDURE IN THE STATE:
140- Ch. 364 2022 LAWS OF MARYLAND
134+ (3) (III) PLACEMENT AND REMOVAL OF MATERIALS FOR THE 25
135+ISOLATION OF THE DENTITION , PROVIDED THAT THE MA TERIAL IS NOT RETAIN ED 26
136+BY THE DENTITION ; 27
141137
142-– 4 –
143- (I) ASSISTING IN ORTHODON TIC PROCEDURES AUTHO RIZED
144-BY THE BOARD IN REGULATION ;
138+ (4) (IV) INSTRUCTING ON ORAL H YGIENE; 28
145139
146- (II) PLACING DENTAL SEALAN TS;
140+ (5) PERFORMING INTRAORAL PHOTOGRAPHY OTHER TH AN 29
141+CONVENTIONAL OR DIGI TAL X–RAY; 30
142+ 4 HOUSE BILL 968
147143
148- (III) AS PART OF DENTAL PRO PHYLAXIS OR BEFORE T HE
149-PERFORMANCE OF ESTHETIC AND CEMENTA TION PROCEDURES , CORONAL
150-POLISHING SOLELY FOR STAIN AND BIOFILM RE MOVAL;
151144
152- (III) CORONAL POLISHING ONL Y TO REMOVE STAIN OR BIOFILM:
145+ (6) (V) TAKING IMPRESSIONS FO R STUDY MODELS OR DIAGNOSTIC 1
146+CASTS; 2
153147
154- 1. IN CONNECTION WITH A DENTAL PROPHYLAXIS :
148+ (7) (VI) CONSTRUCTING ATHLETIC MOUTH GUARDS ON MODE LS; 3
155149
156- A. AS DETERMINED NECESSARY AND APPROPRIATE ,
157-SECONDARY TO THE MOR E COMPLEX DENTAL PRO CEDURES OF A DENTAL
158-PROPHYLAXIS , SUCH AS REMOVAL OF H ARD AND SOFT DEPOSIT S AND STAIN OF THE
159-TOOTH CROWN , ROOT SURFACES , AND PERIODONTAL POCK ET; AND
150+ (8) (VII) APPLYING TOPICAL ANES THESIA; 4
160151
161- B. IF APPLICABLE, IN CONSULTATION WITH THE
162-TREATING DENTAL HYGI ENIST; OR
152+ (9) (VIII) CURING BY THE USE OF HALOGEN LIGHT ; 5
163153
164- 2. BEFORE A DENTIST PERF ORMS AN ESTHETIC OR
165-CEMENTATION PROCEDUR E;
154+ (10) (IX) CHECKING FOR LOOSE BA NDS; AND 6
166155
167- (IV) APPLYING SILVER DIAMI NE FLUORIDE;
156+ (11) (X) ANY OTHER PROCEDURE T HAT THE BOARD AUTHORIZES BY 7
157+A RULE OR REGULATION . 8
168158
169- (V) MONITORING NITROUS OX IDE BY OBSERVING A PATIE NT:
159+ (2) A DENTAL ASSISTANT MAY ASSIST IN PERFORMING INTRAORAL 9
160+PHOTOGRAPHY , OTHER THAN CONVENTIO NAL OR DIGITAL X–RAY, UNDER THE 10
161+GENERAL SUPERVISION OF A LICENSED DENTIS T WHO REVIEWS THE PH OTOGRAPHY 11
162+AND AUTHORIZES THE TREATMENT PLAN WITHO UT BEING CERTIFIED B Y THE 12
163+BOARD. 13
170164
171- 1. DURING THE FLOW OF NITROUS OXIDE ;
165+ (B) (1) EXCEPT FOR AN INDIVID UAL LICENSED AS A DE NTIST OR A 14
166+DENTAL HYGIENIST UND ER THIS TITLE, AN INDIVIDUAL SHALL BE CERTIFIED BY 15
167+THE BOARD AS A CERTIFIED AN EXPANDED FUNCTION DENTAL ASSISTANT 16
168+AUTHORIZED TO PERFORM AT LEAST ONE OF THE FOL LOWING INTRAORAL 17
169+PROCEDURES BEFORE TH E INDIVIDUAL MAY PER FORM THE INTRAORAL 18
170+PROCEDURE IN THE STATE: 19
172171
173- 2. DURING THE REDUCTION OF THE FLOW OF NITRO US
174-OXIDE;
172+ (I) ASSISTING IN ORTHODON TIC PROCEDURES AUTHO RIZED 20
173+BY THE BOARD IN REGULATION ; 21
175174
176- 3. DURING THE SHUTTING O FF OF EQUIPMENT
177-CONTROLLING THE FLOW OF NITROUS OXIDE ; AND
175+ (II) PLACING DENTAL SEALAN TS; 22
178176
179- 4. AT ALL TIMES IN BETWE EN THE START OF THE FLOW
180-OF NITROUS OXIDE UNT IL THE NITROUS OXIDE HAS BEEN TERMINATED AND THE
181-PATIENT HAS FULLY AW OKEN AND IS COHERENT ; OR
177+ (III) AS PART OF DENTAL PRO PHYLAXIS OR BEFORE T HE 23
178+PERFORMANCE OF ESTHE TIC AND CEMENTATION PROCEDURES , CORONAL 24
179+POLISHING SOLELY FOR STAIN AND BIOFILM RE MOVAL; 25
182180
183- (VI) ADDITIONAL INTRAORAL PROCEDURES AUTHORIZE D BY
184-THE BOARD IN REGULATIONS .
185- LAWRENCE J. HOGAN, JR., Governor Ch. 364
181+ (III) CORONAL POLISHING ONL Y TO REMOVE STAIN OR BIOFILM: 26
186182
187-– 5 –
188- (2) A DENTAL ASSISTANT WHO IS CERTIFIED BY THE BOARD TO
189-PERFORM AN INTRAORAL PROCEDURE LISTED IN PARAGRAPH (1) OF THIS
190-SUBSECTION MAY PERFO RM THE INTRAORAL PRO CEDURE LISTED IN PAR AGRAPH
191-(1) OF THIS SUBSECTION I F A LICENSED DENTIST :
183+ 1. IN CONNECTION WITH A DENTAL PROPHYLAXIS : 27
192184
193- (I) GIVES THE CERTIFIED D ENTAL ASSISTANT SPEC IFIC
194-INSTRUCTIONS TO PERF ORM THE INTRAORAL PR OCEDURE; AND
185+ A. AS DETERMINED NECESSARY AND APPROPRIATE , 28
186+SECONDARY TO THE MOR E COMPLEX DENTAL PRO CEDURES OF A DENTAL 29
187+PROPHYLAXIS , SUCH AS REMOVAL OF H ARD AND SOFT DEPOSIT S AND STAIN OF THE 30
188+TOOTH CROWN , ROOT SURFACES , AND PERIODONTAL POCK ET; AND 31 HOUSE BILL 968 5
195189
196- (II) DIRECTLY SUPERVISES T HE CERTIFIED DENTAL ASSISTANT
197-PERFORMING THE INTRA ORAL PROCEDURE .
198190
199-4–302.1.
200191
201- (A) TO QUALIFY FOR A CERT IFICATE TO BE A CERTIFIED AN EXPANDED
202-FUNCTION DENTAL ASSISTANT , AN APPLICANT SHALL B E AN INDIVIDUAL WHO
203-MEETS THE REQUIREMEN TS OF THIS SECTION.
192+ B. IF APPLICABLE, IN CONSULTATION WITH THE 1
193+TREATING DENTAL HYGI ENIST; OR 2
204194
205- (B) THE APPLICANT MUST BE OF GOOD MORAL CHARAC TER.
195+ 2. BEFORE A DENTIST PERF ORMS AN ESTHETIC OR 3
196+CEMENTATION PROCEDUR E; 4
206197
207- (C) THE APPLICANT MUST B E AT LEAST 17 18 YEARS OLD.
198+ (IV) APPLYING SILVER DIAMI NE FLUORIDE; 5
208199
209- (D) THE APPLICANT MUST :
200+ (V) MONITORING NITROUS OX IDE BY OBSERVING A PATIE NT: 6
210201
211- (1) BE A HIGH SCHOOL GRAD UATE OR HAVE ATTAINE D A HIGH
212-SCHOOL EQUIVALENCY ;
202+ 1. DURING THE FLOW OF NI TROUS OXIDE; 7
213203
214- (2) HAVE SUCCESSFULLY COM PLETED A COURSE OF STUDY
215-APPROVED, SUBJECT TO SUBSECTIO N (E) OF THIS SECTION , BY THE BOARD
216-RELATED TO THE INTRA ORAL PROCEDURE FOR W HICH THE APPLICANT H AS
217-APPLIED FOR A CERTIF ICATE;
204+ 2. DURING THE REDUCTION OF THE FLOW OF NITRO US 8
205+OXIDE; 9
218206
219- (3) HAVE THE APPROPRIATE CERTIFICATION FROM T HE DENTAL
220-ASSISTING NATIONAL BOARD;
207+ 3. DURING THE SHUTTING O FF OF EQUIPMENT 10
208+CONTROLLING THE FLOW OF NITROUS OXIDE ; AND 11
221209
222- (4) HAVE PASSED ANY EXAMI NATION PROVIDED FOR IN A
223-REGULATION ADOPTED B Y THE BOARD; AND
210+ 4. AT ALL TIMES IN BETWE EN THE START OF THE FLOW 12
211+OF NITROUS OXI DE UNTIL THE NITROUS OXIDE HAS BEEN TERMI NATED AND THE 13
212+PATIENT HAS FULLY AW OKEN AND IS COHERENT ; OR 14
224213
225- (5) SUBMIT TO A STATE CRIMINAL HISTOR Y RECORDS CHECK .
214+ (VI) ADDITIONAL INTRAORAL PROCEDURES AUTHORIZE D BY 15
215+THE BOARD IN REGULATIONS . 16
226216
227- (E) THE BOARD MAY NOT APPROVE A COURSE OF STUDY UN DER
228-SUBSECTION (D)(2) OF THIS SECTION UNLE SS THE COURSE OF STUDY IS PA RT OF:
217+ (2) A DENTAL ASSISTANT WHO IS CERTIFIED BY THE BOARD TO 17
218+PERFORM AN INTRA ORAL PROCEDURE LISTE D IN PARAGRAPH (1) OF THIS 18
219+SUBSECTION MAY PERFO RM THE INTRAORAL PRO CEDURE LISTED IN PAR AGRAPH 19
220+(1) OF THIS SUBSECTION I F A LICENSED DENTIST : 20
229221
230- (1) A U.S. DEPARTMENT OF LABOR JOB CORPS DENTAL ASSISTIN G
231-PROGRAM; Ch. 364 2022 LAWS OF MARYLAND
222+ (I) GIVES THE CERTIFIED D ENTAL ASSISTANT SPEC IFIC 21
223+INSTRUCTIONS TO PERF ORM THE INTRAORAL PR OCEDURE; AND 22
232224
233-– 6 –
225+ (II) DIRECTLY SUPERVISES T HE CERTIFIED DENTAL ASSISTANT 23
226+PERFORMING THE INTRA ORAL PROCEDURE . 24
234227
235- (2) A DENTAL ASSISTING PRO GRAM LOCATED WITHIN AN
236-INSTITUTION OF POSTS ECONDARY EDUCATION T HAT IS ACCREDITED BY AN
237-ACCREDITING INSTITUT ION RECOGNIZED BY TH E U.S. DEPARTMENT OF
238-EDUCATION;
228+4–302.1. 25
239229
240- (3) A DENTAL ASSISTING PRO GRAM THAT IS LOCATED WITHIN A HIGH
241-SCHOOL AND IS RECOGN IZED BY AN ACCREDITI NG BODY RECOGNIZED B Y THE U.S.
242-DEPARTMENT OF EDUCATION OR THE HIGH SCHOOL ACCREDITING B ODY OF A
243-STATE; OR
230+ (A) TO QUALIFY FOR A CERT IFICATE TO BE A CERTIFIED AN EXPANDED 26
231+FUNCTION DENTAL ASSISTANT , AN APPLICANT SHALL B E AN INDIVIDUAL WHO 27
232+MEETS THE REQUIREMENTS OF THIS SECTION. 28
244233
245- (4) A DENTAL ASSISTING PROGRAM THA T IS ACCREDITED BY T HE
246-COUNCIL ON DENTAL ACCREDITATION , OR A SUCCESSOR ORGAN IZATION.
234+ (B) THE APPLICANT MUST BE OF GOOD MORAL CHARAC TER. 29 6 HOUSE BILL 968
247235
248-4–304.1.
249236
250- TO APPLY FOR A CERTIF ICATE TO BE A CERTIFIED AN EXPANDED FUNCTION
251-DENTAL ASSISTANT , AN APPLICANT SHALL :
252237
253- (1) SUBMIT AN APPLICATION TO THE BOARD IN A MANNER THA T THE
254-BOARD REQUIRES ; AND
238+ (C) THE APPLICANT MUST B E AT LEAST 17 18 YEARS OLD. 1
255239
256- (2) PAY TO THE BOARD AN APPLICATION FEE SET BY THE BOARD.
240+ (D) THE APPLICANT MUST : 2
257241
258-4–305.1.
242+ (1) BE A HIGH SCHOOL GRAD UATE OR HAVE ATTAINE D A HIGH 3
243+SCHOOL EQUIVALENCY ; 4
259244
260- (A) AN APPLICANT WHO OTHE RWISE QUALIFIES FOR A CERTIFICATE TO BE
261-A CERTIFIED AN EXPANDED FUNCTION DENTAL ASSISTANT IS ENTITLED TO BE
262-EXAMINED AS PROVIDED FOR IN THIS SECTION .
245+ (2) HAVE SUCCESSFULLY COMPLET ED A COURSE OF STUDY 5
246+APPROVED, SUBJECT TO SUBSECTIO N (E) OF THIS SECTION , BY THE BOARD 6
247+RELATED TO THE INTRA ORAL PROCEDURE FOR W HICH THE APPLICANT H AS 7
248+APPLIED FOR A CERTIF ICATE; 8
263249
264- (B) THE BOARD SHALL NOTIFY EA CH QUALIFIED APPLICA NT OF THE TIME
265-AND PLACE OF THE EXA MINATION.
250+ (3) HAVE THE APPROPRIATE CERTIFICATION FROM T HE DENTAL 9
251+ASSISTING NATIONAL BOARD; 10
266252
267- (C) THE BOARD SHALL DETERMINE THE SUBJECTS , SCOPE, FORM, AND
268-PASSING SCORE FOR EX AMINATIONS GIVEN UND ER THIS SECTION.
253+ (4) HAVE PASSED ANY EXAMI NATION PROVIDED FOR IN A 11
254+REGULATION ADOPTED B Y THE BOARD; AND 12
269255
270- (D) AN APPLICANT SHALL PA Y TO THE BOARD AN EXAMINATION FEE SET BY
271-THE BOARD IN AN AMOUNT TH AT DOES NOT EXCEED T HE COSTS OF ADMINIST ERING
272-THE EXAMINATION .
256+ (5) SUBMIT TO A STATE CRIMINAL HISTOR Y RECORDS CHECK . 13
273257
274-4–307.1.
275- LAWRENCE J. HOGAN, JR., Governor Ch. 364
258+ (E) THE BOARD MAY NOT APPROVE A COURSE OF STUDY UN DER 14
259+SUBSECTION (D)(2) OF THIS SECTION UNLESS THE CO URSE OF STUDY IS PAR T OF: 15
276260
277-– 7 –
278- (A) THE BOARD SHALL ISSUE AN APPROPRIATE CERTIFIC ATE TO ANY
279-APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND REGUL ATIONS
280-ADOPTED BY THE BOARD FOR THAT CERTIF ICATE.
261+ (1) A U.S. DEPARTMENT OF LABOR JOB CORPS DENTAL ASSISTIN G 16
262+PROGRAM; 17
281263
282- (B) THE BOARD SHALL INCLUDE O N EACH CERTIFICATE T HAT THE BOARD
283-ISSUES:
264+ (2) A DENTAL ASSISTING PRO GRAM LOCATED WITHIN AN 18
265+INSTITUTION OF POSTS ECONDARY EDUCATION T HAT IS ACCREDITED BY AN 19
266+ACCREDITING INSTITUT ION RECOGNIZED BY THE U.S. DEPARTMENT OF 20
267+EDUCATION; 21
284268
285- (1) THE NAME OF THE CERTI FIED INDIVIDUAL;
269+ (3) A DENTAL ASSISTING PRO GRAM THAT IS LOCATED WITHIN A HIGH 22
270+SCHOOL AND IS RECOGN IZED BY AN ACCREDITI NG BODY RECOGNIZED B Y THE U.S. 23
271+DEPARTMENT OF EDUCATION OR THE HIGH SCHOOL ACCREDITING B ODY OF A 24
272+STATE; OR 25
286273
287- (2) THE DATE THE CERTIFIC ATE WAS ISSUED;
274+ (4) A DENTAL ASSISTING PRO GRAM THAT IS ACCREDI TED BY THE 26
275+COUNCIL ON DENTAL ACCREDITATION , OR A SUCCESSOR ORGAN IZATION. 27
288276
289- (3) THE INTRAORAL PROCEDU RES THAT THE CERTIFI ED DENTAL
290-ASSISTANT IS QUALIFI ED TO PERFORM ;
277+4–304.1. 28
291278
292- (4) A SERIAL NUMBER ;
279+ TO APPLY FOR A CERTIF ICATE TO BE A CERTIFIED AN EXPANDED FUNCTION 29
280+DENTAL ASSISTANT , AN APPLICANT SHALL : 30 HOUSE BILL 968 7
293281
294- (5) THE SIGNATURES OF THE PRESIDENT AND SECRET ARY OF THE
295-BOARD; AND
296282
297- (6) THE SEAL OF THE BOARD.
298283
299- (C) THE BOARD SHALL ISSUE A C ERTIFICATE TO REPLACE A LOST OR
300-DESTROYED CERTIFICAT E IF THE CERTIFIED D ENTAL ASSISTANT PAYS A FEE SET BY
301-THE BOARD THAT APPROXIMAT ES THE ACTUAL COST O F REPLACING THE
302-CERTIFICATE.
284+ (1) SUBMIT AN APPLICATION TO TH E BOARD IN A MANNER THA T THE 1
285+BOARD REQUIRES ; AND 2
303286
304- (D) AN INDIVIDUAL MAY BE SIMULTANEOUSLY CERTI FIED AS A DENTAL
305-RADIATION TECHNOLOGI ST UNDER § 4–505 OF THIS TITLE AND AS A CERTIFIED AN
306-EXPANDED FUNCTION DENTAL ASSISTANT .
287+ (2) PAY TO THE BOARD AN APPLICATION FEE SET BY THE BOARD. 3
307288
308-4–309.1.
289+4–305.1. 4
309290
310- (A) A CERTIFICATE EXPIRES ON THE DATE SET BY T HE BOARD, UNLESS THE
311-CERTIFICATE IS RENEW ED FOR AN ADDITIONAL TERM AS PROVIDED FOR BY THE
312-BOARD.
291+ (A) AN APPLICANT WHO OTHE RWISE QUALIFIES FOR A CERTIFICATE TO BE 5
292+A CERTIFIED AN EXPANDED FUNCTION DENTAL ASSISTANT IS ENTITLED TO BE 6
293+EXAMINED AS PROVIDED FOR IN THIS SECTION . 7
313294
314- (B) AT LEAST 1 MONTH BEFORE A CERTI FICATE EXPIRES , THE BOARD
315-SHALL SEND TO THE CE RTIFIED DENTAL ASSIS TANT, BY ELECTRONIC MEANS AND
316-FIRST–CLASS MAIL TO THE LA ST KNOWN ELECTRONIC OR PHYSICAL ADDRESS O F
317-THE DENTAL ASSISTANT , A RENEWAL NOTICE THA T STATES THE:
295+ (B) THE BOARD SHALL NOTIFY EA CH QUALIFIED APPLICA NT OF THE TIME 8
296+AND PLACE OF THE EXA MINATION. 9
318297
319- (1) DATE ON WHICH THE CUR RENT CERTIFICATE EXP IRES;
320- Ch. 364 2022 LAWS OF MARYLAND
298+ (C) THE BOARD SHALL DETERMINE THE SUBJECTS , SCOPE, FORM, AND 10
299+PASSING SCORE FOR EX AMINATIONS GIVEN UNDER THIS SECTION . 11
321300
322-– 8 –
323- (2) DATE BY WHICH THE REN EWAL APPLICATION MUS T BE RECEIVED
324-BY THE BOARD FOR THE RENEWAL TO BE ISSUED AND MAI LED BEFORE TH E
325-CERTIFICATE EXPIRES ; AND
301+ (D) AN APPLICANT SHALL PA Y TO THE BOARD AN EXAMINATION FEE SET BY 12
302+THE BOARD IN AN AMOUNT TH AT DOES NOT EXCEED T HE COSTS OF ADMINIST ERING 13
303+THE EXAMINATION . 14
326304
327- (3) AMOUNT OF THE RENEWAL FEE.
305+4–307.1. 15
328306
329-4–313.1.
307+ (A) THE BOARD SHALL ISSUE AN APPROPRIATE CERTIFIC ATE TO ANY 16
308+APPLICANT WHO MEETS THE REQ UIREMENTS OF THIS TI TLE AND REGULATIONS 17
309+ADOPTED BY THE BOARD FOR THAT CERTIF ICATE. 18
330310
331- EACH HOLDER OF A CERT IFICATE TO BE A CERTIFIED AN EXPANDED
332-FUNCTION DENTAL ASSISTANT SHA LL KEEP THE CERTIFIC ATE, AND ANY CURRENT
333-RENEWAL, IN THE OFFICE WHERE THE DENTAL ASSISTANT IS EMPLOYED.
311+ (B) THE BOARD SHALL INCLUDE O N EACH CERTIFICATE T HAT THE BOARD 19
312+ISSUES: 20
334313
335-4–315.
314+ (1) THE NAME OF THE CERTI FIED INDIVIDUAL; 21
336315
337- (a) Subject to the hearing provisions of § 4–318 of this subtitle, the Board may
338-deny a general license to practice dentistry, a limited license to practice dentistry, or a
339-teacher’s license to practice dentistry to any applicant, reprimand any licensed dentist,
340-place any licensed dentist on probation, or suspend or revoke the license of any licensed
341-dentist, if the applicant or licensee:
316+ (2) THE DATE THE CERTIFIC ATE WAS ISSUED; 22
342317
343- (36) Fails to comply with the requirements of the Prescription Drug
344-Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; [or]
318+ (3) THE INTRAORAL PROCEDU RES THAT THE CERTIFI ED DENTAL 23
319+ASSISTANT IS QUALIFI ED TO PERFORM ; 24
345320
346- (37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this
347-subtitle; OR
321+ (4) A SERIAL NUMBER ; 25
348322
349- (38) ALLOWS A DENTAL ASSIS TANT TO ASSIST IN TH E PRACTICE OF
350-DENTISTRY:
323+ (5) THE SIGNATURES OF THE PRESIDENT AND SECRET ARY OF THE 26
324+BOARD; AND 27
351325
352- (I) IN AN UNAUTHORIZED MANNER IN VIOLATION OF THIS
353-TITLE OR REGULATIONS ADOPTED BY THE BOARD;
326+ (6) THE SEAL OF THE BOARD. 28 8 HOUSE BILL 968
354327
355- (II) WITHOUT SPECIFICALLY INSTRUCTING THE CERT IFIED
356-DENTAL ASSISTANT TO PERFORM AN INTRAORAL PROCEDURE THAT THE C ERTIFIED
357-DENTAL ASSISTANT IS AUTHORIZED TO PERFOR M; OR
358328
359- (III) FAILING TO PROVIDE DIRE CT SUPERVISION OF A DENTAL
360-ASSISTANT.
361329
362-4–505.
330+ (C) THE BOARD SHALL ISSUE A CERTIFICATE TO REPLA CE A LOST OR 1
331+DESTROYED CERTIFICAT E IF THE CERTIFIED D ENTAL ASSISTANT PAYS A FEE SET BY 2
332+THE BOARD THAT APPROXIMAT ES THE ACTUAL COST O F REPLACING THE 3
333+CERTIFICATE. 4
363334
364- (a) The Board of Dental Examiners shall:
365- LAWRENCE J. HOGAN, JR., Governor Ch. 364
335+ (D) AN INDIVIDUAL MAY BE SIMULTANEOUSLY CERTI FIED AS A DENTAL 5
336+RADIATION TECHNOLOGIST UNDER § 4–505 OF THIS TITLE AND AS A CERTIFIED AN 6
337+EXPANDED FUNCTION DENTAL ASSISTANT . 7
366338
367-– 9 –
368- (1) Define, for the purpose of this section, the terms “dental radiation
369-technologist” and “practice dental radiation technology”;
339+4–309.1. 8
370340
371- (2) Adopt rules and regulations concerning qualifications, training,
372-certification, monitoring of, and enforcement requirements for a dental radiation
373-technologist; and
341+ (A) A CERTIFICATE EXPIRES ON THE DATE SET BY T HE BOARD, UNLESS THE 9
342+CERTIFICATE IS RENEW ED FOR AN ADDITIONAL TERM AS PROVIDED FOR BY THE 10
343+BOARD. 11
374344
375- (3) Provide for a requirement to ensure competency in new safety and
376-technological advances.
345+ (B) AT LEAST 1 MONTH BEFORE A CERTI FICATE EXPIRES , THE BOARD 12
346+SHALL SEND TO THE CE RTIFIED DENTAL ASSIS TANT, BY ELECTRONIC MEANS AND 13
347+FIRST–CLASS MAIL TO THE LA ST KNOWN ELECTRONIC OR PHYSICAL ADDRESS OF 14
348+THE DENTAL ASSISTANT , A RENEWAL NOTICE THA T STATES THE: 15
377349
378- (b) The qualifications required of applicants for Board certification as a dental
379-radiation technologist shall include requirements established by:
350+ (1) DATE ON WHICH THE CUR RENT CERTIFICATE EXP IRES; 16
380351
381- (1) The American Dental Association; or
352+ (2) DATE BY WHICH THE REN EWAL APPLICATION MUS T BE RECEIVED 17
353+BY THE BOARD FOR THE RENEWAL TO BE ISSUED AND MAI LED BEFORE THE 18
354+CERTIFICATE EXPIRES ; AND 19
382355
383- (2) Any applicable federal standards for training and certification.
356+ (3) AMOUNT OF THE RENEWAL FEE. 20
384357
385- (c) After July 1, 1988, an individual must be certified by the Board as a dental
386-radiation technologist before a licensed dentist may employ the individual to practice
387-dental radiation technology.
358+4–313.1. 21
388359
389- (d) After July 1, 1988, an individual may not practice dental radiation technology
390-unless certified by the Board.
360+ EACH HOLDER OF A CERT IFICATE TO BE A CERTIFIED AN EXPANDED 22
361+FUNCTION DENTAL ASSISTANT SHA LL KEEP THE CERTIFIC ATE, AND ANY CURRENT 23
362+RENEWAL, IN THE OFFICE WHERE THE DENTAL ASSISTANT IS EMPLOYED. 24
391363
392- (e) At least 1 month before a certificate expires, the Board shall send to each
393-certificate holder, by electronic means or first–class mail to the last known electronic or
394-physical address of the certificate holder, a renewal notice that states:
364+4–315. 25
395365
396- (1) The date on which the current certificate expires;
366+ (a) Subject to the hearing provisions of § 4–318 of this subtitle, the Board may 26
367+deny a general license to practice dentistry, a limited license to practice dentistry, or a 27
368+teacher’s license to practice dentistry to any applicant, reprimand any licensed dentist, 28
369+place any licensed dentist on probation, or suspend or revoke the license of any licensed 29
370+dentist, if the applicant or licensee: 30
397371
398- (2) The date by which the renewal application must be received by the
399-Board for the renewal to be issued and mailed before the certificate expires; and
372+ (36) Fails to comply with the requirements of the Prescription Drug 31
373+Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; [or] 32 HOUSE BILL 968 9
400374
401- (3) The amount of the renewal fee.
402375
403- (F) AN INDIVIDUAL MAY BE SIMULTANEOUSLY CERTI FIED AS A DENTAL
404-RADIATION TECHNOLOGI ST UNDER THIS SECTIO N AND AS A CERTIFIED AN
405-EXPANDED FUNCTION DENTAL ASSISTANT .
406376
407- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
408-October 1, 2022.
377+ (37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this 1
378+subtitle; OR 2
409379
410-Approved by the Governor, May 16, 2022.
380+ (38) ALLOWS A DENTAL ASSIS TANT TO ASSIST IN TH E PRACTICE OF 3
381+DENTISTRY: 4
382+
383+ (I) IN AN UNAUTHORIZED MA NNER IN VIOLATION OF THIS 5
384+TITLE OR REGULATIONS ADOPTED BY THE BOARD; 6
385+
386+ (II) WITHOUT SPECIFICALLY INSTRUCTING THE CERT IFIED 7
387+DENTAL ASSISTANT TO PERFORM AN INTRAORAL PROCEDURE THAT THE C ERTIFIED 8
388+DENTAL ASSISTANT IS AUTHORIZED TO PERFOR M; OR 9
389+
390+ (III) FAILING TO PROVIDE DI RECT SUPERVISION OF A DENTAL 10
391+ASSISTANT. 11
392+
393+4–505. 12
394+
395+ (a) The Board of Dental Examiners shall: 13
396+
397+ (1) Define, for the purpose of this section, the terms “dental radiation 14
398+technologist” and “practice dental radiation technology”; 15
399+
400+ (2) Adopt rules and regulations concerning qualifications, training, 16
401+certification, monitoring of, and enforcement requirements for a dental radiation 17
402+technologist; and 18
403+
404+ (3) Provide for a requirement to ensure competency in new safety and 19
405+technological advances. 20
406+
407+ (b) The qualifications required of applicants for Board certification as a dental 21
408+radiation technologist shall include requirements established by: 22
409+
410+ (1) The American Dental Association; or 23
411+
412+ (2) Any applicable federal standards for training and certification. 24
413+
414+ (c) After July 1, 1988, an individual must be certified by the Board as a dental 25
415+radiation technologist before a licensed dentist may employ the individual to practice 26
416+dental radiation technology. 27
417+
418+ (d) After July 1, 1988, an individual may not practice dental radiation technology 28
419+unless certified by the Board. 29
420+ 10 HOUSE BILL 968
421+
422+
423+ (e) At least 1 month before a certificate expires, the Board shall send to each 1
424+certificate holder, by electronic means or first–class mail to the last known electronic or 2
425+physical address of the certificate holder, a renewal notice that states: 3
426+
427+ (1) The date on which the current certificate expires; 4
428+
429+ (2) The date by which the renewal application must be received by the 5
430+Board for the renewal to be issued and mailed before the certificate expires; and 6
431+
432+ (3) The amount of the renewal fee. 7
433+
434+ (F) AN INDIVIDUAL MAY BE SIMULTANEOUSL Y CERTIFIED AS A DEN TAL 8
435+RADIATION TECHNOLOGI ST UNDER THIS SECTIO N AND AS A CERTIFIED AN 9
436+EXPANDED FUNCTION DENTAL ASSISTANT . 10
437+
438+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
439+October 1, 2022. 12
440+
441+
442+
443+
444+Approved:
445+________________________________________________________________________________
446+ Governor.
447+________________________________________________________________________________
448+ Speaker of the House of Delegates.
449+________________________________________________________________________________
450+ President of the Senate.