MD
Maryland House Bill HB499

Maryland 2024 Regular Session

Maryland House Bill HB499 Compare Versions

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1- WES MOORE, Governor Ch. 905
21
3-– 1 –
4-Chapter 905
5-(House Bill 499)
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+ *hb0499*
89
9-Health Occupations – Private Dental Offices – Infection Control
10+HOUSE BILL 499
11+J2 4lr2548
12+ CF SB 335
13+By: Delegate Bagnall Delegates Bagnall, Alston, Bhandari, Cullison, Guzzone,
14+Hill, Kaiser, Kipke, R. Lewis, Lopez, Martinez, Pena–Melnyk, Rosenberg,
15+Taveras, White Holland, and Woods
16+Introduced and read first time: January 24, 2024
17+Assigned to: Health and Government Operations
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: March 1, 2024
1021
11-FOR the purpose of requiring each owner of a private dental office to designate a licensed
12-dentist to be the supervising dentist for the private dental office; requiring a
13-supervising dentist to complete the registration required by the State Board of
14-Dental Examiners and be responsible for all infection control activities within the
15-private dental office; establishing a certain limit on the number of private dental
16-offices that a supervising dentist may supervise; requiring the owner of a private
17-dental office to designate an interim supervising dentist under certain
18-circumstances; authorizing the Board to charge a certain registration fee; and
19-generally relating to infection control in private dental offices.
22+CHAPTER ______
2023
21-BY repealing and reenacting, without amendments,
22- Article – Health Occupations
23- Section 4–101(a) and 4–308(l)(1)
24- Annotated Code of Maryland
25- (2021 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2625
27-BY repealing and reenacting, with amendments,
28- Article – Health Occupations
29- Section 4–101(l)
30- Annotated Code of Maryland
31- (2021 Replacement Volume and 2023 Supplement)
26+Health Occupations – Private Dental Offices – Infection Control 2
3227
33-BY adding to
34- Article – Health Occupations
35-Section 4–104
36- Annotated Code of Maryland
37- (2021 Replacement Volume and 2023 Supplement)
28+FOR the purpose of requiring each owner of a private dental office to designate a licensed 3
29+dentist to be the supervising dentist for the private dental office; requiring a 4
30+supervising dentist to complete the registration required by the State Board of 5
31+Dental Examiners and be responsible for all infection control activities within the 6
32+private dental office; establishing a certain limit on the number of private dental 7
33+offices that a supervising dentist may supervise; requiring the owner of a private 8
34+dental office to designate an interim supervising dentist under certain 9
35+circumstances; authorizing the Board to charge a certain registration fee; and 10
36+generally relating to infection control in private dental offices. 11
3837
39-BY repealing and reenacting, without amendments,
40- Article – Health Occupations
41-Section 4–308(l)(1)
42- Annotated Code of Maryland
43- (2021 Replacement Volume and 2023 Supplement)
38+BY repealing and reenacting, without amendments, 12
39+ Article – Health Occupations 13
40+ Section 4–101(a) and 4–308(l)(1) 14
41+ Annotated Code of Maryland 15
42+ (2021 Replacement Volume and 2023 Supplement) 16
4443
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
46-That the Laws of Maryland read as follows:
44+BY repealing and reenacting, with amendments, 17
45+ Article – Health Occupations 18
46+ Section 4–101(l) 19
47+ Annotated Code of Maryland 20
48+ (2021 Replacement Volume and 2023 Supplement) 21 2 HOUSE BILL 499
4749
48-Article – Health Occupations
49- Ch. 905 2024 LAWS OF MARYLAND
5050
51-– 2 –
52-4–101.
5351
54- (a) In this title the following words have the meanings indicated.
52+BY adding to 1
53+ Article – Health Occupations 2
54+Section 4–104 3
55+ Annotated Code of Maryland 4
56+ (2021 Replacement Volume and 2023 Supplement) 5
5557
56- (l) (1) “Practice dentistry” means to:
58+BY repealing and reenacting, without amendments, 6
59+ Article – Health Occupations 7
60+Section 4–308(l)(1) 8
61+ Annotated Code of Maryland 9
62+ (2021 Replacement Volume and 2023 Supplement) 10
5763
58- (i) Perform or attempt to perform any intraoral dental service or
59-intraoral dental operation;
64+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65+That the Laws of Maryland read as follows: 12
6066
61- (ii) Diagnose, treat, or attempt to diagnose or treat any disease,
62-injury, malocclusion, or malposition of a tooth, gum, or jaw, or structures associated with a
63-tooth, gum, or jaw if the service, operation, or procedure is included in the curricula of an
64-accredited dental school or in an approved dental residency program of an accredited
65-hospital or teaching institution;
67+Article – Health Occupations 13
6668
67- (iii) Perform or offer to perform dental laboratory work;
69+4–101. 14
6870
69- (iv) Place or adjust a dental appliance in a human mouth; or
71+ (a) In this title the following words have the meanings indicated. 15
7072
71- (v) Administer anesthesia for the purposes of dentistry and not as a
72-medical specialty.
73+ (l) (1) “Practice dentistry” means to: 16
7374
74- (2) “Practice dentistry” includes:
75+ (i) Perform or attempt to perform any intraoral dental service or 17
76+intraoral dental operation; 18
7577
76- (i) Patient evaluation, diagnosis, and determination of treatment
77-plans;
78+ (ii) Diagnose, treat, or attempt to diagnose or treat any disease, 19
79+injury, malocclusion, or malposition of a tooth, gum, or jaw, or structures associated with a 20
80+tooth, gum, or jaw if the service, operation, or procedure is included in the curricula of an 21
81+accredited dental school or in an approved dental residency program of an accredited 22
82+hospital or teaching institution; 23
7883
79- (ii) Determination of treatment options, including the choice of
80-restorative and treatment materials and diagnostic equipment; and
84+ (iii) Perform or offer to perform dental laboratory work; 24
8185
82- (iii) Determination and establishment of dental patient protocols,
83-dental standards of care, and dental practice guidelines.
86+ (iv) Place or adjust a dental appliance in a human mouth; or 25
8487
85- (3) “PRACTICE DENTISTRY ” DOES NOT INCLUDE THE
86-RESPONSIBILITIES OF A SUPERVISING DENTIS T UNDER § 4–104 OF THIS SUBTITLE.
88+ (v) Administer anesthesia for the purposes of dentistry and not as a 26
89+medical specialty. 27
8790
88-4–104.
91+ (2) “Practice dentistry” includes: 28
8992
90- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
91-INDICATED.
93+ (i) Patient evaluation, diagnosis, and determination of treatment 29
94+plans; 30
9295
93- (2) (I) “INFECTION CONTROL ACT IVITIES” MEANS STRUCTURAL
94-INFECTION CONTROL OR INFECTION CONTROL THAT IMPACTS THE ENT IRETY OF
95-THE PRIVATE DENTAL O FFICE, AS DETERMINED BY THE BOARD IN REGULATION .
96- WES MOORE, Governor Ch. 905
96+ (ii) Determination of treatment options, including the choice of 31
97+restorative and treatment materials and diagnostic equipment; and 32 HOUSE BILL 499 3
9798
98-– 3 –
99- (II) “INFECTION CONTROL ACT IVITIES” INCLUDES:
10099
101- 1. ADHERENCE TO THE CENTERS FOR DISEASE
102-CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL IN DENTAL
103-HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES;
104100
105- 2. WATER QUALITY TESTING ; AND
101+ (iii) Determination and establishment of dental patient protocols, 1
102+dental standards of care, and dental practice guidelines. 2
106103
107- 3. SPORE TESTING.
104+ (3) “PRACTICE DENTISTRY ” DOES NOT INCLUDE THE 3
105+RESPONSIBILITIES OF A SUPERVISING DENTIST UNDER § 4–104 OF THIS SUBTITLE. 4
108106
109- (III) “INFECTION CONTROL ACT IVITIES” DOES NOT INCLUDE
110-ACTIVITIES IN CONTRO L OF INDIVIDUAL DENT ISTS, INCLUDING USE OF ADE QUATE
111-PERSONAL PROTECTIVE EQUIPMENT OR STERILI ZATION OF INSTRUMENT S.
107+4–104. 5
112108
113- (A) IN THIS SECTION, “PRIVATE DENTAL OFFIC E” HAS THE MEANING
109+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
110+INDICATED. 7
114111
115- (3) “PRIVATE DENTAL OFFICE ” HAS THE MEANING STATED IN §
116-4–308(L)(1) OF THIS TITLE.
112+ (2) (I) “INFECTION CONTROL ACT IVITIES” MEANS STRUCTURAL 8
113+INFECTION CONTROL OR INFECTION CONTROL TH AT IMPACTS THE ENTIR ETY OF 9
114+THE PRIVATE DENTAL O FFICE, AS DETERMINED BY THE BOARD IN REGULATION . 10
117115
118- (B) (1) THIS SECTION APPLIES ONLY WITH RESPECT TO PRIVATE DENTAL
119-OFFICES.
116+ (II) “INFECTION CONTROL ACT IVITIES” INCLUDES: 11
120117
121- (2) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN
122-UNLICENSED INDIVIDUA L FROM ASSISTING WIT H REGULATORY COMPLIA NCE
123-CONSISTENT WITH § 4–103(E)(12) OF THIS SUBTITLE.
118+ 1. ADHERENCE TO THE CENTERS FOR DISEASE 12
119+CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL IN DENTAL 13
120+HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES; 14
124121
125- (C) EACH OWNER OF A PRIVA TE DENTAL OFFICE SHA LL DESIGNATE A
126-LICENSED DENTIST TO BE THE SUPERVISING D ENTIST FOR THE PRIVA TE DENTAL
127-OFFICE.
122+ 2. WATER QUALITY TESTING ; AND 15
128123
129- (D) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS
130-SECTION SHALL :
124+ 3. SPORE TESTING. 16
131125
132- (1) COMPLETE THE REGISTRA TION REQUIRED BY THE BOARD; AND
126+ (III) “INFECTION CONTROL ACT IVITIES” DOES NOT INCLUDE 17
127+ACTIVITIES IN CONTRO L OF INDIVIDUAL DENT ISTS, INCLUDING USE OF ADE QUATE 18
128+PERSONAL PROTECTIVE EQUIPMENT OR STERILI ZATION OF INSTRUMENT S. 19
133129
134- (2) BE RESPONSIBLE FOR AL L INFECTION CONTROL ACTIVITIES
135-WITHIN THE PRIVATE D ENTAL OFFICE, INCLUDING ADHERENCE TO THE CENTERS
136-FOR DISEASE CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL
137-IN DENTAL HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES.
130+ (A) IN THIS SECTION, “PRIVATE DENTAL OFFIC E” HAS THE MEANING 20
138131
139- (E) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS
140-SECTION MAY SUPERVIS E NOT MORE THAN THRE E PRIVATE DENTAL OFF ICES THAT
141-ARE WITHIN CLOSE ENO UGH PROXIMITY TO ALL OW FOR PERSONAL OVERSIG HT OF
142-EACH OFFICE, AS DETERMINED BY THE BOARD IN REGULATION . Ch. 905 2024 LAWS OF MARYLAND
132+ (3) “PRIVATE DENTAL OFFICE ” HAS THE MEANING STATED IN § 21
133+4–308(L)(1) OF THIS TITLE. 22
143134
144-– 4 –
135+ (B) (1) THIS SECTION APPLIES ONLY WITH RESPECT TO PRIVATE DENTAL 23
136+OFFICES. 24
145137
146- (F) (E) IF A SUPERVISING DENT IST FOR A PRIVATE DE NTAL OFFICE
147-RELINQUISHES THE SUP ERVISING DENTIST ’S RESPONSIBILITY UND ER SUBSECTION
148-(D)(2) OF THIS SECTION FOR ANY REASON, THE OWNER OF THE PRI VATE DENTAL
149-OFFICE SHALL IMMEDIA TELY DESIGNATE AN IN TERIM SUPERVISING DE NTIST WHO
150-SHALL BE RESPONSIBLE FOR ALL INFECTION CO NTROL WITHIN THE PRI VATE
151-DENTAL OFFICE UNTIL A NEW SUPERVISING DE NTIST FOR THE PRIVAT E DENTAL
152-OFFICE REGISTERS WI TH THE BOARD.
138+ (2) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN 25
139+UNLICENSED INDIVIDUA L FROM ASSISTING WIT H REGULATORY COMPLIA NCE 26
140+CONSISTENT WITH § 4–103(E)(12) OF THIS SUBTITLE. 27
153141
154- (G) (F) THE BOARD MAY CHARGE A FE E FOR THE REGISTRATI ON OF A
155-SUPERVISING DENTIST UNDER THIS SECTION .
142+ (C) EACH OWNER OF A PRIVA TE DENTAL OFFICE SHA LL DESIGNATE A 28
143+LICENSED DENTIST TO BE THE SUPERVISING D ENTIST FOR THE PRIVA TE DENTAL 29
144+OFFICE. 30 4 HOUSE BILL 499
156145
157-4–308.
158146
159- (l) (1) In this subsection, “private dental office” means a dental office owned
160-and operated by:
161147
162- (i) A licensed dentist; or
148+ (D) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 1
149+SECTION SHALL : 2
163150
164- (ii) A professional corporation, partnership, limited liability
165-company, or limited liability partnership owned and controlled by a licensed dentist.
151+ (1) COMPLETE THE REGISTRA TION REQUIRED BY THE BOARD; AND 3
166152
167- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
168-October 1, 2024.
153+ (2) BE RESPONSIBLE FOR AL L INFECTION CONTROL ACTIVITIES 4
154+WITHIN THE PRIVATE D ENTAL OFFICE, INCLUDING ADHERENCE TO THE CENTERS 5
155+FOR DISEASE CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL 6
156+IN DENTAL HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES. 7
169157
170-Approved by the Governor, May 16, 2024.
158+ (E) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 8
159+SECTION MAY SUPERVIS E NOT MORE THAN THRE E PRIVATE DENTAL OFF ICES THAT 9
160+ARE WITHIN CLOSE ENO UGH PROXIMITY TO ALLOW FOR PERSONAL O VERSIGHT OF 10
161+EACH OFFICE, AS DETERMINED BY THE BOARD IN REGULATION . 11
162+
163+ (F) (E) IF A SUPERVISING DENT IST FOR A PRIVATE DE NTAL OFFICE 12
164+RELINQUISHES THE SUP ERVISING DENTIST ’S RESPONSIBILITY UND ER SUBSECTION 13
165+(D)(2) OF THIS SECTION FOR ANY REASON, THE OWNER OF THE PRI VATE DENTAL 14
166+OFFICE SHALL IMMEDIA TELY DESIGNATE AN IN TERIM SUPERVISING DE NTIST WHO 15
167+SHALL BE RESPONSIBLE FOR ALL INFECTION CO NTROL WITHIN THE PRI VATE 16
168+DENTAL OFFICE UNTIL A NEW SUPERVISING DE NTIST FOR THE PRIVAT E DENTAL 17
169+OFFICE REGISTERS WITH THE BOARD. 18
170+
171+ (G) (F) THE BOARD MAY CHARGE A FE E FOR THE REGISTRATI ON OF A 19
172+SUPERVISING DENTIST UNDER THIS SECTION . 20
173+
174+4–308. 21
175+
176+ (l) (1) In this subsection, “private dental office” means a dental office owned 22
177+and operated by: 23
178+
179+ (i) A licensed dentist; or 24
180+
181+ (ii) A professional corporation, partnership, limited liability 25
182+company, or limited liability partnership owned and controlled by a licensed dentist. 26
183+
184+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
185+October 1, 2024. 28