Maryland 2022 Regular Session

Maryland Senate Bill SB714 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0714*
66
77 SENATE BILL 714
88 J2 2lr1508
99 CF 2lr1510
1010 By: Senator Reilly
1111 Introduced and read first time: February 7, 2022
1212 Assigned to: Education, Health, and Environmental Affairs
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Health Occupations – Dental Assistants – Certification and Regulation 2
1919
2020 FOR the purpose of establishing a certification and regulatory scheme to certify dental 3
2121 assistants to perform certain intraoral procedures; specifying the intraoral 4
2222 procedures a dental assistant is authorized to perform without being certified by the 5
2323 State Board of Dental Examiners and the intraoral procedures that require 6
2424 certification; authorizing the Board to penalize a licensed dentist who allows a dental 7
2525 assistant to provide dental care in an unauthorized manner or without required 8
2626 instruction or supervision; and generally relating to dental assistants. 9
2727
2828 BY repealing and reenacting, without amendments, 10
2929 Article – Health Occupations 11
3030 Section 4–101(a) 12
3131 Annotated Code of Maryland 13
3232 (2021 Replacement Volume) 14
3333
3434 BY adding to 15
3535 Article – Health Occupations 16
3636 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
3737 4–313.1, and 4–315(a)(38) 18
3838 Annotated Code of Maryland 19
3939 (2021 Replacement Volume) 20
4040
4141 BY repealing and reenacting, with amendments, 21
4242 Article – Health Occupations 22
4343 Section 4–205(a)(1)(iii), 4–301(b)(5), 4–315(a)(36) and (37), and 4–505 23
4444 Annotated Code of Maryland 24
4545 (2021 Replacement Volume) 25
4646
4747 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
4848 That the Laws of Maryland read as follows: 27 2 SENATE BILL 714
4949
5050
5151
5252 Article – Health Occupations 1
5353
5454 4–101. 2
5555
5656 (a) In this title the following words have the meanings indicated. 3
5757
5858 (B–1) “CERTIFIED DENTAL ASSISTANT ” MEANS A DENTAL ASSISTANT WHO IS 4
5959 CERTIFIED BY THE BOARD TO PERFORM SPECIFIED IN TRAORAL PROCEDURES . 5
6060
6161 (C–1) “DENTAL ASSISTANT ” MEANS AN INDIVIDUAL WHO DIRECTLY ASSIST S A 6
6262 DENTIST IN THE PRACT ICE OF DENTISTRY . 7
6363
6464 4–205. 8
6565
6666 (a) In addition to the powers set forth elsewhere in this title, the Board may: 9
6767
6868 (1) Adopt regulations governing: 10
6969
7070 (iii) The use of a dental assistant by a licensed dentist in performing 11
7171 intraoral procedures, INCLUDING: 12
7272
7373 1. REASONABLE POLICIES A ND GUIDELINES FOR A 13
7474 DENTAL ASSISTANT TO ASSIST IN PERFORMING INTRAORAL PROCEDURES 14
7575 AUTHORIZED UNDER § 4–301(A) OF THIS TITLE; AND 15
7676
7777 2. REASONABLE EDUCATION OR TRAINING 16
7878 REQUIREMENTS FOR AN INDIVIDUAL TO BECOME A CERTIFIED DENTAL A SSISTANT 17
7979 AND PERFORM THE INTR AORAL PROCEDURES AUT HORIZED UNDER § 4–301.1(B) OF 18
8080 THIS TITLE; 19
8181
8282 4–301. 20
8383
8484 (b) This section does not apply to: 21
8585
8686 (5) A dental assistant, if the dental assistant: 22
8787
8888 (i) Subject to the rules and regulations adopted by the Board, 23
8989 performs only procedures that do not require the professional skills of a licensed dentist; 24
9090 and 25
9191
9292 (ii) Performs intraoral [tasks] PROCEDURES IN ACCORDANCE 26
9393 WITH § 4–301.1 OF THIS SUBTITLE only under the direct supervision of a licensed dentist 27
9494 who personally is present in the office area where the [tasks] PROCEDURES are performed; 28
9595 or 29 SENATE BILL 714 3
9696
9797
9898
9999 4–301.1. 1
100100
101101 (A) A DENTAL ASSISTANT MAY ASSIST A LICENSED DENTIST IN PROVIDING 2
102102 THE FOLLOWING INTRAO RAL PROCEDURES UNDER THE DIRECT SUP ERVISION OF A 3
103103 LICENSED DENTIST WITHOUT BEING CERTIF IED BY THE BOARD: 4
104104
105105 (1) RINSING AND ASPIRATIO N OF THE ORAL CAVITY ; 5
106106
107107 (2) RETRACTION OF THE LIP S, CHEEKS, TONGUE, AND FLAPS; 6
108108
109109 (3) PLACEMENT AND REMOVAL OF MATERIALS FOR THE ISOLATION 7
110110 OF THE DENTITION , PROVIDED THAT THE MA TERIAL IS NOT RETAIN ED BY THE 8
111111 DENTITION; 9
112112
113113 (4) INSTRUCTING ON ORAL H YGIENE; 10
114114
115115 (5) PERFORMING INTRAORAL PHOTOGRAPHY OTHER THAN 11
116116 CONVENTIONAL OR DIGI TAL X–RAY; 12
117117
118118 (6) TAKING IMPRESSIONS F OR STUDY MODELS OR D IAGNOSTIC 13
119119 CASTS; 14
120120
121121 (7) CONSTRUCTING ATHLETIC MOUTH GUARDS ON MODE LS; 15
122122
123123 (8) APPLYING TOPICAL ANES THESIA; 16
124124
125125 (9) CURING BY THE USE OF HALOGEN LIGHT ; 17
126126
127127 (10) CHECKING FOR LOOSE BA NDS; AND 18
128128
129129 (11) ANY OTHER PROCEDURE THAT THE BOARD AUTHORIZES BY A 19
130130 RULE OR REGULATION . 20
131131
132132 (B) (1) EXCEPT FOR AN INDIVID UAL LICENS ED AS A DENTIST OR A 21
133133 DENTAL HYGIENIST UND ER THIS TITLE, AN INDIVIDUAL SHALL BE CERTIFIED B Y 22
134134 THE BOARD AS A CERTIFIED DENTAL ASSISTANT AUTHORIZED TO PERFOR M AT 23
135135 LEAST ONE OF THE FOL LOWING INTRAORAL PRO CEDURES BEFORE THE INDIVIDUA L 24
136136 MAY PERFORM THE INTR AORAL PROCEDURE IN THE STATE: 25
137137
138138 (I) ASSISTING IN ORTHODON TIC PROCEDURES AUTHO RIZED 26
139139 BY THE BOARD IN REGULATION ; 27
140140 4 SENATE BILL 714
141141
142142
143143 (II) PLACING DENTAL SEALAN TS; 1
144144
145145 (III) AS PART OF DENTAL PRO PHYLAXIS OR BEFORE THE 2
146146 PERFORMANCE OF ESTHETIC AND CEMENTA TION PROCEDURES , CORONAL 3
147147 POLISHING SOLELY FOR STAIN AND BIOFILM REMOVAL ; 4
148148
149149 (IV) APPLYING SILVER DIAMI NE FLUORIDE; 5
150150
151151 (V) MONITORING NITROUS OX IDE; OR 6
152152
153153 (VI) ADDITIONAL INTRAORAL PROCEDURES AUTHORIZED BY 7
154154 THE BOARD IN REGULATIONS . 8
155155
156156 (2) A DENTAL ASSISTANT WHO IS CERTIFIED BY THE BOARD TO 9
157157 PERFORM AN INTRAORAL PR OCEDURE LISTED IN PA RAGRAPH (1) OF THIS 10
158158 SUBSECTION MAY PERFORM THE INTR AORAL PROCEDURE LIST ED IN PARAGRAPH 11
159159 (1) OF THIS SUBSECTION IF A LICENSED DENTIST: 12
160160
161161 (I) GIVES THE CERTIFIED DENTAL ASSISTANT SPECIFIC 13
162162 INSTRUCTION S TO PERFORM THE INTRAORAL PROCEDURE ; AND 14
163163
164164 (II) DIRECTLY SUPERVISES T HE CERTIFIED DENTAL ASSISTANT 15
165165 PERFORMING THE INTRA ORAL PROCEDURE . 16
166166
167167 4–302.1. 17
168168
169169 (A) TO QUALIFY FOR A CERTIFICATE TO BE A CERTIFIED DE NTAL 18
170170 ASSISTANT, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 19
171171 REQUIREMENTS OF THIS SECTION. 20
172172
173173 (B) THE APPLICANT MUST BE OF GOOD MORAL CHA RACTER. 21
174174
175175 (C) THE APPLICANT MUST BE AT LEAST 17 YEARS OLD. 22
176176
177177 (D) THE APPLICANT MUST: 23
178178
179179 (1) BE A HIGH SCHOOL GRAD UATE OR HAVE ATTAINE D A HIGH 24
180180 SCHOOL EQUIVALENCY ; 25
181181
182182 (2) HAVE SUCCESSFULLY COM PLETED A COURSE APPR OVED BY THE 26
183183 BOARD RELATED TO THE INTRAORAL PRO CEDURE FOR WHICH THE APPLICANT HAS 27
184184 APPLIED FOR A CERTIF ICATE; 28
185185 SENATE BILL 714 5
186186
187187
188188 (3) HAVE THE APPROPRIATE CERTIFICATION FROM T HE DENTAL 1
189189 ASSISTING NATIONAL BOARD; 2
190190
191191 (4) HAVE PASSED ANY EXAMI NATION PROVIDED FOR IN A 3
192192 REGULATION ADOPTED B Y THE BOARD; AND 4
193193
194194 (5) SUBMIT TO A STATE CRIMINAL HISTOR Y RECORDS CHECK . 5
195195
196196 4–304.1. 6
197197
198198 TO APPLY FOR A CERTIFICATE TO BE A CERTIFIED DENTAL ASS ISTANT, AN 7
199199 APPLICANT SHALL : 8
200200
201201 (1) SUBMIT AN APPLICATION TO THE BOARD IN A MANNER THA T THE 9
202202 BOARD REQUIRES ; AND 10
203203
204204 (2) PAY TO THE BOARD AN APPLICATION FEE SET BY THE BOARD. 11
205205
206206 4–305.1. 12
207207
208208 (A) AN APPLICANT WHO OTHE RWISE QUALIFIES FOR A CERTIFICATE TO BE 13
209209 A CERTIFIED DENTAL ASSISTANT IS ENTITLED TO BE EXAMI NED AS PROVIDED FOR 14
210210 IN THIS SECTION. 15
211211
212212 (B) THE BOARD SHALL NOTIFY EA CH QUALIFIED APPLICA NT OF THE TIME 16
213213 AND PLACE OF THE EXA MINATION. 17
214214
215215 (C) THE BOARD SHALL DETERMINE THE SUBJECTS , SCOPE, FORM, AND 18
216216 PASSING SCORE FOR EX AMINATIONS GIVEN UND ER THIS SECTION. 19
217217
218218 (D) AN APPLICANT SHALL PA Y TO THE BOARD AN EXAMINATION FEE SET BY 20
219219 THE BOARD IN AN AMOUNT TH AT DOES NOT EXCEED T HE COSTS OF ADMINIST ERING 21
220220 THE EXAMINATION . 22
221221
222222 4–307.1. 23
223223
224224 (A) THE BOARD SHALL ISSUE AN APPROPRIATE CERTIFIC ATE TO ANY 24
225225 APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND REGUL ATIONS 25
226226 ADOPTED BY THE BOARD FOR THAT CERTIF ICATE. 26
227227
228228 (B) THE BOARD SHALL INCLUDE O N EACH CERTIFICATE T HAT THE BOARD 27
229229 ISSUES: 28
230230 6 SENATE BILL 714
231231
232232
233233 (1) THE NAME OF THE CERTIFIED INDIVIDUAL ; 1
234234
235235 (2) THE DATE THE CERTIFIC ATE WAS ISSUED; 2
236236
237237 (3) THE INTRAORAL PROCEDU RES THAT THE CERTIFIED D ENTAL 3
238238 ASSISTANT IS QUALIFI ED TO PERFORM ; 4
239239
240240 (4) A SERIAL NUMBER ; 5
241241
242242 (5) THE SIGNATURES OF THE PRESIDENT AND SECRETARY OF THE 6
243243 BOARD; AND 7
244244
245245 (6) THE SEAL OF THE BOARD. 8
246246
247247 (C) THE BOARD SHALL ISSUE A C ERTIFICATE TO REPLAC E A LOST OR 9
248248 DESTROYED CERTIFICAT E IF THE CERTIFIED D ENTAL ASSISTANT PAYS A FEE SET BY 10
249249 THE BOARD THAT APPROXIMAT ES THE ACTUAL COST O F REPLACING THE 11
250250 CERTIFICATE. 12
251251
252252 (D) AN INDIVIDUAL MAY BE SIMULTANEOUSLY CERTI FIED AS A DENTAL 13
253253 RADIATION TECHNOLOGI ST UNDER § 4–505 OF THIS TITLE AND AS A CERTIFIED 14
254254 DENTAL ASSISTANT . 15
255255
256256 4–309.1. 16
257257
258258 (A) A CERTIFICATE EXPIRES ON THE DATE SET BY THE BOARD, UNLESS THE 17
259259 CERTIFICATE IS RENEWED FOR AN AD DITIONAL TERM AS PRO VIDED FOR BY THE 18
260260 BOARD. 19
261261
262262 (B) AT LEAST 1 MONTH BEFORE A CERTI FICATE EXPIRES , THE BOARD 20
263263 SHALL SEND TO THE CE RTIFIED DENTAL ASSIS TANT, BY ELECTRONIC MEANS AND 21
264264 FIRST–CLASS MAIL TO THE LA ST KNOWN ELECTRONIC OR PHYSICAL ADDRESS O F 22
265265 THE DENTAL ASSISTANT , A RENEWAL NOTICE THA T STATES THE: 23
266266
267267 (1) DATE ON WHICH THE CUR RENT CERTIFICATE EXP IRES; 24
268268
269269 (2) DATE BY WHICH THE RENEW AL APPLICATION MUST BE RECEIVED 25
270270 BY THE BOARD FOR THE RENEWAL TO BE ISSUED AND MAI LED BEFORE THE 26
271271 CERTIFICATE EXPIRES ; AND 27
272272
273273 (3) AMOUNT OF THE RENEWAL FEE. 28
274274
275275 4–313.1. 29 SENATE BILL 714 7
276276
277277
278278
279279 EACH HOLDER OF A CERTIFICATE TO BE A CERTIFIED DENTAL ASSISTANT 1
280280 SHALL KEEP THE CERTIFICATE, AND ANY CURRENT RENE WAL, IN THE OFFICE 2
281281 WHERE THE DENTAL ASS ISTANT IS EMPLOYED . 3
282282
283283 4–315. 4
284284
285285 (a) Subject to the hearing provisions of § 4–318 of this subtitle, the Board may 5
286286 deny a general license to practice dentistry, a limited license to practice dentistry, or a 6
287287 teacher’s license to practice dentistry to any applicant, reprimand any licensed dentist, 7
288288 place any licensed dentist on probation, or suspend or revoke the license of any licensed 8
289289 dentist, if the applicant or licensee: 9
290290
291291 (36) Fails to comply with the requirements of the Prescription Drug 10
292292 Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; [or] 11
293293
294294 (37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this 12
295295 subtitle; OR 13
296296
297297 (38) ALLOWS A DENTAL ASSIS TANT TO ASSIST IN THE PRACTICE OF 14
298298 DENTISTRY: 15
299299
300300 (I) IN AN UNAUTHORIZED MA NNER IN VIOLATION OF THIS 16
301301 TITLE OR REGULATIONS ADOPTED BY THE BOARD; 17
302302
303303 (II) WITHOUT SPECIFICALLY INSTRUCTING THE CERT IFIED 18
304304 DENTAL ASSISTANT TO PERFORM AN INTRAORAL PROCEDURE THAT THE CERTIFIED 19
305305 DENTAL ASSISTANT IS AUTHORIZED TO PER FORM; OR 20
306306
307307 (III) FAILING TO PROVIDE DI RECT SUPERVISION OF A DENTAL 21
308308 ASSISTANT. 22
309309
310310 4–505. 23
311311
312312 (a) The Board of Dental Examiners shall: 24
313313
314314 (1) Define, for the purpose of this section, the terms “dental radiation 25
315315 technologist” and “practice dental radiation technology”; 26
316316
317317 (2) Adopt rules and regulations concerning qualifications, training, 27
318318 certification, monitoring of, and enforcement requirements for a dental radiation 28
319319 technologist; and 29
320320
321321 (3) Provide for a requirement to ensure competency in new safety and 30
322322 technological advances. 31 8 SENATE BILL 714
323323
324324
325325
326326 (b) The qualifications required of applicants for Board certification as a dental 1
327327 radiation technologist shall include requirements established by: 2
328328
329329 (1) The American Dental Association; or 3
330330
331331 (2) Any applicable federal standards for training and certification. 4
332332
333333 (c) After July 1, 1988, an individual must be certified by the Board as a dental 5
334334 radiation technologist before a licensed dentist may employ the individual to practice 6
335335 dental radiation technology. 7
336336
337337 (d) After July 1, 1988, an individual may not practice dental radiation technology 8
338338 unless certified by the Board. 9
339339
340340 (e) At least 1 month before a certificate expires, the Board shall send to each 10
341341 certificate holder, by electronic means or first–class mail to the last known electronic or 11
342342 physical address of the certificate holder, a renewal notice that states: 12
343343
344344 (1) The date on which the current certificate expires; 13
345345
346346 (2) The date by which the renewal application must be received by the 14
347347 Board for the renewal to be issued and mailed before the certificate expires; and 15
348348
349349 (3) The amount of the renewal fee. 16
350350
351351 (F) AN INDIVIDUAL MAY BE SIMULTANEOUSLY CERTI FIED AS A DENTAL 17
352352 RADIATION TECHNOLOGI ST UNDER THIS SECTIO N AND AS A CERTIFIED DENTAL 18
353353 ASSISTANT. 19
354354
355355 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
356356 October 1, 2022. 21