EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0714*
SENATE BILL 714
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By: Senator Reilly
Introduced and read first time: February 7, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Health Occupations – Dental Assistants – Certification and Regulation 2
FOR the purpose of establishing a certification and regulatory scheme to certify dental 3
assistants to perform certain intraoral procedures; specifying the intraoral 4
procedures a dental assistant is authorized to perform without being certified by the 5
State Board of Dental Examiners and the intraoral procedures that require 6
certification; authorizing the Board to penalize a licensed dentist who allows a dental 7
assistant to provide dental care in an unauthorized manner or without required 8
instruction or supervision; and generally relating to dental assistants. 9
BY repealing and reenacting, without amendments, 10
Article – Health Occupations 11
Section 4–101(a) 12
Annotated Code of Maryland 13
(2021 Replacement Volume) 14
BY adding to 15
Article – Health Occupations 16
Section 4–101(b–1) and (c–1), 4–301.1, 4–302.1, 4–304.1, 4–305.1, 4–307.1, 4–309.1, 17
4–313.1, and 4–315(a)(38) 18
Annotated Code of Maryland 19
(2021 Replacement Volume) 20
BY repealing and reenacting, with amendments, 21
Article – Health Occupations 22
Section 4–205(a)(1)(iii), 4–301(b)(5), 4–315(a)(36) and (37), and 4–505 23
Annotated Code of Maryland 24
(2021 Replacement Volume) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 SENATE BILL 714
Article – Health Occupations 1
4–101. 2
(a) In this title the following words have the meanings indicated. 3
(B–1) “CERTIFIED DENTAL ASSISTANT ” MEANS A DENTAL ASSISTANT WHO IS 4
CERTIFIED BY THE BOARD TO PERFORM SPECIFIED IN TRAORAL PROCEDURES . 5
(C–1) “DENTAL ASSISTANT ” MEANS AN INDIVIDUAL WHO DIRECTLY ASSIST S A 6
DENTIST IN THE PRACT ICE OF DENTISTRY . 7
4–205. 8
(a) In addition to the powers set forth elsewhere in this title, the Board may: 9
(1) Adopt regulations governing: 10
(iii) The use of a dental assistant by a licensed dentist in performing 11
intraoral procedures, INCLUDING: 12
1. REASONABLE POLICIES A ND GUIDELINES FOR A 13
DENTAL ASSISTANT TO ASSIST IN PERFORMING INTRAORAL PROCEDURES 14
AUTHORIZED UNDER § 4–301(A) OF THIS TITLE; AND 15
2. REASONABLE EDUCATION OR TRAINING 16
REQUIREMENTS FOR AN INDIVIDUAL TO BECOME A CERTIFIED DENTAL A SSISTANT 17
AND PERFORM THE INTR AORAL PROCEDURES AUT HORIZED UNDER § 4–301.1(B) OF 18
THIS TITLE; 19
4–301. 20
(b) This section does not apply to: 21
(5) A dental assistant, if the dental assistant: 22
(i) Subject to the rules and regulations adopted by the Board, 23
performs only procedures that do not require the professional skills of a licensed dentist; 24
and 25
(ii) Performs intraoral [tasks] PROCEDURES IN ACCORDANCE 26
WITH § 4–301.1 OF THIS SUBTITLE only under the direct supervision of a licensed dentist 27
who personally is present in the office area where the [tasks] PROCEDURES are performed; 28
or 29 SENATE BILL 714 3
4–301.1. 1
(A) A DENTAL ASSISTANT MAY ASSIST A LICENSED DENTIST IN PROVIDING 2
THE FOLLOWING INTRAO RAL PROCEDURES UNDER THE DIRECT SUP ERVISION OF A 3
LICENSED DENTIST WITHOUT BEING CERTIF IED BY THE BOARD: 4
(1) RINSING AND ASPIRATIO N OF THE ORAL CAVITY ; 5
(2) RETRACTION OF THE LIP S, CHEEKS, TONGUE, AND FLAPS; 6
(3) PLACEMENT AND REMOVAL OF MATERIALS FOR THE ISOLATION 7
OF THE DENTITION , PROVIDED THAT THE MA TERIAL IS NOT RETAIN ED BY THE 8
DENTITION; 9
(4) INSTRUCTING ON ORAL H YGIENE; 10
(5) PERFORMING INTRAORAL PHOTOGRAPHY OTHER THAN 11
CONVENTIONAL OR DIGI TAL X–RAY; 12
(6) TAKING IMPRESSIONS F OR STUDY MODELS OR D IAGNOSTIC 13
CASTS; 14
(7) CONSTRUCTING ATHLETIC MOUTH GUARDS ON MODE LS; 15
(8) APPLYING TOPICAL ANES THESIA; 16
(9) CURING BY THE USE OF HALOGEN LIGHT ; 17
(10) CHECKING FOR LOOSE BA NDS; AND 18
(11) ANY OTHER PROCEDURE THAT THE BOARD AUTHORIZES BY A 19
RULE OR REGULATION . 20
(B) (1) EXCEPT FOR AN INDIVID UAL LICENS ED AS A DENTIST OR A 21
DENTAL HYGIENIST UND ER THIS TITLE, AN INDIVIDUAL SHALL BE CERTIFIED B Y 22
THE BOARD AS A CERTIFIED DENTAL ASSISTANT AUTHORIZED TO PERFOR M AT 23
LEAST ONE OF THE FOL LOWING INTRAORAL PRO CEDURES BEFORE THE INDIVIDUA L 24
MAY PERFORM THE INTR AORAL PROCEDURE IN THE STATE: 25
(I) ASSISTING IN ORTHODON TIC PROCEDURES AUTHO RIZED 26
BY THE BOARD IN REGULATION ; 27
4 SENATE BILL 714
(II) PLACING DENTAL SEALAN TS; 1
(III) AS PART OF DENTAL PRO PHYLAXIS OR BEFORE THE 2
PERFORMANCE OF ESTHETIC AND CEMENTA TION PROCEDURES , CORONAL 3
POLISHING SOLELY FOR STAIN AND BIOFILM REMOVAL ; 4
(IV) APPLYING SILVER DIAMI NE FLUORIDE; 5
(V) MONITORING NITROUS OX IDE; OR 6
(VI) ADDITIONAL INTRAORAL PROCEDURES AUTHORIZED BY 7
THE BOARD IN REGULATIONS . 8
(2) A DENTAL ASSISTANT WHO IS CERTIFIED BY THE BOARD TO 9
PERFORM AN INTRAORAL PR OCEDURE LISTED IN PA RAGRAPH (1) OF THIS 10
SUBSECTION MAY PERFORM THE INTR AORAL PROCEDURE LIST ED IN PARAGRAPH 11
(1) OF THIS SUBSECTION IF A LICENSED DENTIST: 12
(I) GIVES THE CERTIFIED DENTAL ASSISTANT SPECIFIC 13
INSTRUCTION S TO PERFORM THE INTRAORAL PROCEDURE ; AND 14
(II) DIRECTLY SUPERVISES T HE CERTIFIED DENTAL ASSISTANT 15
PERFORMING THE INTRA ORAL PROCEDURE . 16
4–302.1. 17
(A) TO QUALIFY FOR A CERTIFICATE TO BE A CERTIFIED DE NTAL 18
ASSISTANT, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 19
REQUIREMENTS OF THIS SECTION. 20
(B) THE APPLICANT MUST BE OF GOOD MORAL CHA RACTER. 21
(C) THE APPLICANT MUST BE AT LEAST 17 YEARS OLD. 22
(D) THE APPLICANT MUST: 23
(1) BE A HIGH SCHOOL GRAD UATE OR HAVE ATTAINE D A HIGH 24
SCHOOL EQUIVALENCY ; 25
(2) HAVE SUCCESSFULLY COM PLETED A COURSE APPR OVED BY THE 26
BOARD RELATED TO THE INTRAORAL PRO CEDURE FOR WHICH THE APPLICANT HAS 27
APPLIED FOR A CERTIF ICATE; 28
SENATE BILL 714 5
(3) HAVE THE APPROPRIATE CERTIFICATION FROM T HE DENTAL 1
ASSISTING NATIONAL BOARD; 2
(4) HAVE PASSED ANY EXAMI NATION PROVIDED FOR IN A 3
REGULATION ADOPTED B Y THE BOARD; AND 4
(5) SUBMIT TO A STATE CRIMINAL HISTOR Y RECORDS CHECK . 5
4–304.1. 6
TO APPLY FOR A CERTIFICATE TO BE A CERTIFIED DENTAL ASS ISTANT, AN 7
APPLICANT SHALL : 8
(1) SUBMIT AN APPLICATION TO THE BOARD IN A MANNER THA T THE 9
BOARD REQUIRES ; AND 10
(2) PAY TO THE BOARD AN APPLICATION FEE SET BY THE BOARD. 11
4–305.1. 12
(A) AN APPLICANT WHO OTHE RWISE QUALIFIES FOR A CERTIFICATE TO BE 13
A CERTIFIED DENTAL ASSISTANT IS ENTITLED TO BE EXAMI NED AS PROVIDED FOR 14
IN THIS SECTION. 15
(B) THE BOARD SHALL NOTIFY EA CH QUALIFIED APPLICA NT OF THE TIME 16
AND PLACE OF THE EXA MINATION. 17
(C) THE BOARD SHALL DETERMINE THE SUBJECTS , SCOPE, FORM, AND 18
PASSING SCORE FOR EX AMINATIONS GIVEN UND ER THIS SECTION. 19
(D) AN APPLICANT SHALL PA Y TO THE BOARD AN EXAMINATION FEE SET BY 20
THE BOARD IN AN AMOUNT TH AT DOES NOT EXCEED T HE COSTS OF ADMINIST ERING 21
THE EXAMINATION . 22
4–307.1. 23
(A) THE BOARD SHALL ISSUE AN APPROPRIATE CERTIFIC ATE TO ANY 24
APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND REGUL ATIONS 25
ADOPTED BY THE BOARD FOR THAT CERTIF ICATE. 26
(B) THE BOARD SHALL INCLUDE O N EACH CERTIFICATE T HAT THE BOARD 27
ISSUES: 28
6 SENATE BILL 714
(1) THE NAME OF THE CERTIFIED INDIVIDUAL ; 1
(2) THE DATE THE CERTIFIC ATE WAS ISSUED; 2
(3) THE INTRAORAL PROCEDU RES THAT THE CERTIFIED D ENTAL 3
ASSISTANT IS QUALIFI ED TO PERFORM ; 4
(4) A SERIAL NUMBER ; 5
(5) THE SIGNATURES OF THE PRESIDENT AND SECRETARY OF THE 6
BOARD; AND 7
(6) THE SEAL OF THE BOARD. 8
(C) THE BOARD SHALL ISSUE A C ERTIFICATE TO REPLAC E A LOST OR 9
DESTROYED CERTIFICAT E IF THE CERTIFIED D ENTAL ASSISTANT PAYS A FEE SET BY 10
THE BOARD THAT APPROXIMAT ES THE ACTUAL COST O F REPLACING THE 11
CERTIFICATE. 12
(D) AN INDIVIDUAL MAY BE SIMULTANEOUSLY CERTI FIED AS A DENTAL 13
RADIATION TECHNOLOGI ST UNDER § 4–505 OF THIS TITLE AND AS A CERTIFIED 14
DENTAL ASSISTANT . 15
4–309.1. 16
(A) A CERTIFICATE EXPIRES ON THE DATE SET BY THE BOARD, UNLESS THE 17
CERTIFICATE IS RENEWED FOR AN AD DITIONAL TERM AS PRO VIDED FOR BY THE 18
BOARD. 19
(B) AT LEAST 1 MONTH BEFORE A CERTI FICATE EXPIRES , THE BOARD 20
SHALL SEND TO THE CE RTIFIED DENTAL ASSIS TANT, BY ELECTRONIC MEANS AND 21
FIRST–CLASS MAIL TO THE LA ST KNOWN ELECTRONIC OR PHYSICAL ADDRESS O F 22
THE DENTAL ASSISTANT , A RENEWAL NOTICE THA T STATES THE: 23
(1) DATE ON WHICH THE CUR RENT CERTIFICATE EXP IRES; 24
(2) DATE BY WHICH THE RENEW AL APPLICATION MUST BE RECEIVED 25
BY THE BOARD FOR THE RENEWAL TO BE ISSUED AND MAI LED BEFORE THE 26
CERTIFICATE EXPIRES ; AND 27
(3) AMOUNT OF THE RENEWAL FEE. 28
4–313.1. 29 SENATE BILL 714 7
EACH HOLDER OF A CERTIFICATE TO BE A CERTIFIED DENTAL ASSISTANT 1
SHALL KEEP THE CERTIFICATE, AND ANY CURRENT RENE WAL, IN THE OFFICE 2
WHERE THE DENTAL ASS ISTANT IS EMPLOYED . 3
4–315. 4
(a) Subject to the hearing provisions of § 4–318 of this subtitle, the Board may 5
deny a general license to practice dentistry, a limited license to practice dentistry, or a 6
teacher’s license to practice dentistry to any applicant, reprimand any licensed dentist, 7
place any licensed dentist on probation, or suspend or revoke the license of any licensed 8
dentist, if the applicant or licensee: 9
(36) Fails to comply with the requirements of the Prescription Drug 10
Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; [or] 11
(37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this 12
subtitle; OR 13
(38) ALLOWS A DENTAL ASSIS TANT TO ASSIST IN THE PRACTICE OF 14
DENTISTRY: 15
(I) IN AN UNAUTHORIZED MA NNER IN VIOLATION OF THIS 16
TITLE OR REGULATIONS ADOPTED BY THE BOARD; 17
(II) WITHOUT SPECIFICALLY INSTRUCTING THE CERT IFIED 18
DENTAL ASSISTANT TO PERFORM AN INTRAORAL PROCEDURE THAT THE CERTIFIED 19
DENTAL ASSISTANT IS AUTHORIZED TO PER FORM; OR 20
(III) FAILING TO PROVIDE DI RECT SUPERVISION OF A DENTAL 21
ASSISTANT. 22
4–505. 23
(a) The Board of Dental Examiners shall: 24
(1) Define, for the purpose of this section, the terms “dental radiation 25
technologist” and “practice dental radiation technology”; 26
(2) Adopt rules and regulations concerning qualifications, training, 27
certification, monitoring of, and enforcement requirements for a dental radiation 28
technologist; and 29
(3) Provide for a requirement to ensure competency in new safety and 30
technological advances. 31 8 SENATE BILL 714
(b) The qualifications required of applicants for Board certification as a dental 1
radiation technologist shall include requirements established by: 2
(1) The American Dental Association; or 3
(2) Any applicable federal standards for training and certification. 4
(c) After July 1, 1988, an individual must be certified by the Board as a dental 5
radiation technologist before a licensed dentist may employ the individual to practice 6
dental radiation technology. 7
(d) After July 1, 1988, an individual may not practice dental radiation technology 8
unless certified by the Board. 9
(e) At least 1 month before a certificate expires, the Board shall send to each 10
certificate holder, by electronic means or first–class mail to the last known electronic or 11
physical address of the certificate holder, a renewal notice that states: 12
(1) The date on which the current certificate expires; 13
(2) The date by which the renewal application must be received by the 14
Board for the renewal to be issued and mailed before the certificate expires; and 15
(3) The amount of the renewal fee. 16
(F) AN INDIVIDUAL MAY BE SIMULTANEOUSLY CERTI FIED AS A DENTAL 17
RADIATION TECHNOLOGI ST UNDER THIS SECTIO N AND AS A CERTIFIED DENTAL 18
ASSISTANT. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. 21