WES MOORE, Governor Ch. 905
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Chapter 905
(House Bill 499)
AN ACT concerning
Health Occupations – Private Dental Offices – Infection Control
FOR the purpose of requiring each owner of a private dental office to designate a licensed
dentist to be the supervising dentist for the private dental office; requiring a
supervising dentist to complete the registration required by the State Board of
Dental Examiners and be responsible for all infection control activities within the
private dental office; establishing a certain limit on the number of private dental
offices that a supervising dentist may supervise; requiring the owner of a private
dental office to designate an interim supervising dentist under certain
circumstances; authorizing the Board to charge a certain registration fee; and
generally relating to infection control in private dental offices.
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 4–101(a) and 4–308(l)(1)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 4–101(l)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – Health Occupations
Section 4–104
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 4–308(l)(1)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health Occupations
Ch. 905 2024 LAWS OF MARYLAND
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4–101.
(a) In this title the following words have the meanings indicated.
(l) (1) “Practice dentistry” means to:
(i) Perform or attempt to perform any intraoral dental service or
intraoral dental operation;
(ii) Diagnose, treat, or attempt to diagnose or treat any disease,
injury, malocclusion, or malposition of a tooth, gum, or jaw, or structures associated with a
tooth, gum, or jaw if the service, operation, or procedure is included in the curricula of an
accredited dental school or in an approved dental residency program of an accredited
hospital or teaching institution;
(iii) Perform or offer to perform dental laboratory work;
(iv) Place or adjust a dental appliance in a human mouth; or
(v) Administer anesthesia for the purposes of dentistry and not as a
medical specialty.
(2) “Practice dentistry” includes:
(i) Patient evaluation, diagnosis, and determination of treatment
plans;
(ii) Determination of treatment options, including the choice of
restorative and treatment materials and diagnostic equipment; and
(iii) Determination and establishment of dental patient protocols,
dental standards of care, and dental practice guidelines.
(3) “PRACTICE DENTISTRY ” DOES NOT INCLUDE THE
RESPONSIBILITIES OF A SUPERVISING DENTIS T UNDER § 4–104 OF THIS SUBTITLE.
4–104.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) (I) “INFECTION CONTROL ACT IVITIES” MEANS STRUCTURAL
INFECTION CONTROL OR INFECTION CONTROL THAT IMPACTS THE ENT IRETY OF
THE PRIVATE DENTAL O FFICE, AS DETERMINED BY THE BOARD IN REGULATION .
WES MOORE, Governor Ch. 905
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(II) “INFECTION CONTROL ACT IVITIES” INCLUDES:
1. ADHERENCE TO THE CENTERS FOR DISEASE
CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL IN DENTAL
HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES;
2. WATER QUALITY TESTING ; AND
3. SPORE TESTING.
(III) “INFECTION CONTROL ACT IVITIES” DOES NOT INCLUDE
ACTIVITIES IN CONTRO L OF INDIVIDUAL DENT ISTS, INCLUDING USE OF ADE QUATE
PERSONAL PROTECTIVE EQUIPMENT OR STERILI ZATION OF INSTRUMENT S.
(A) IN THIS SECTION, “PRIVATE DENTAL OFFIC E” HAS THE MEANING
(3) “PRIVATE DENTAL OFFICE ” HAS THE MEANING STATED IN §
4–308(L)(1) OF THIS TITLE.
(B) (1) THIS SECTION APPLIES ONLY WITH RESPECT TO PRIVATE DENTAL
OFFICES.
(2) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN
UNLICENSED INDIVIDUA L FROM ASSISTING WIT H REGULATORY COMPLIA NCE
CONSISTENT WITH § 4–103(E)(12) OF THIS SUBTITLE.
(C) EACH OWNER OF A PRIVA TE DENTAL OFFICE SHA LL DESIGNATE A
LICENSED DENTIST TO BE THE SUPERVISING D ENTIST FOR THE PRIVA TE DENTAL
OFFICE.
(D) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS
SECTION SHALL :
(1) COMPLETE THE REGISTRA TION REQUIRED BY THE BOARD; AND
(2) BE RESPONSIBLE FOR AL L INFECTION CONTROL ACTIVITIES
WITHIN THE PRIVATE D ENTAL OFFICE, INCLUDING ADHERENCE TO THE CENTERS
FOR DISEASE CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL
IN DENTAL HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES.
(E) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS
SECTION MAY SUPERVIS E NOT MORE THAN THRE E PRIVATE DENTAL OFF ICES THAT
ARE WITHIN CLOSE ENO UGH PROXIMITY TO ALL OW FOR PERSONAL OVERSIG HT OF
EACH OFFICE, AS DETERMINED BY THE BOARD IN REGULATION . Ch. 905 2024 LAWS OF MARYLAND
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(F) (E) IF A SUPERVISING DENT IST FOR A PRIVATE DE NTAL OFFICE
RELINQUISHES THE SUP ERVISING DENTIST ’S RESPONSIBILITY UND ER SUBSECTION
(D)(2) OF THIS SECTION FOR ANY REASON, THE OWNER OF THE PRI VATE DENTAL
OFFICE SHALL IMMEDIA TELY DESIGNATE AN IN TERIM SUPERVISING DE NTIST WHO
SHALL BE RESPONSIBLE FOR ALL INFECTION CO NTROL WITHIN THE PRI VATE
DENTAL OFFICE UNTIL A NEW SUPERVISING DE NTIST FOR THE PRIVAT E DENTAL
OFFICE REGISTERS WI TH THE BOARD.
(G) (F) THE BOARD MAY CHARGE A FE E FOR THE REGISTRATI ON OF A
SUPERVISING DENTIST UNDER THIS SECTION .
4–308.
(l) (1) In this subsection, “private dental office” means a dental office owned
and operated by:
(i) A licensed dentist; or
(ii) A professional corporation, partnership, limited liability
company, or limited liability partnership owned and controlled by a licensed dentist.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.