EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0335*
SENATE BILL 335
J2 4lr1824
CF HB 499
By: Senator Klausmeier
Introduced and read first time: January 12, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 21, 2024
CHAPTER ______
AN ACT concerning 1
Health Occupations – Private Dental Offices – Infection Control 2
FOR the purpose of requiring each owner of a private dental office to designate a licensed 3
dentist to be the supervising dentist for the private dental office; requiring a 4
supervising dentist to complete the registration required by the State Board of 5
Dental Examiners and be responsible for all infection control activities within the 6
private dental office; establishing a certain limit on the number of private dental 7
offices that a supervising dentist may supervise; requiring the owner of a private 8
dental office to designate an interim supervising dentist under certain 9
circumstances; authorizing the Board to charge a certain registration fee; and 10
generally relating to infection control in private dental offices. 11
BY repealing and reenacting, without amendments, 12
Article – Health Occupations 13
Section 4–101(a) and 4–308(l)(1) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Health Occupations 18
Section 4–101(l) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
BY adding to 22 2 SENATE BILL 335
Article – Health Occupations 1
Section 4–104 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – Health Occupations 6
Section 4–308(l)(1) 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2023 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Health Occupations 12
4–101. 13
(a) In this title the following words have the meanings indicated. 14
(l) (1) “Practice dentistry” means to: 15
(i) Perform or attempt to perform any intraoral dental service or 16
intraoral dental operation; 17
(ii) Diagnose, treat, or attempt to diagnose or treat any disease, 18
injury, malocclusion, or malposition of a tooth, gum, or jaw, or structures associated with a 19
tooth, gum, or jaw if the service, operation, or procedure is included in the curricula of an 20
accredited dental school or in an approved dental residency program of an accredited 21
hospital or teaching institution; 22
(iii) Perform or offer to perform dental laboratory work; 23
(iv) Place or adjust a dental appliance in a human mouth; or 24
(v) Administer anesthesia for the purposes of dentistry and not as a 25
medical specialty. 26
(2) “Practice dentistry” includes: 27
(i) Patient evaluation, diagnosis, and determination of treatment 28
plans; 29
(ii) Determination of treatment options, including the choice of 30
restorative and treatment materials and diagnostic equipment; and 31
SENATE BILL 335 3
(iii) Determination and establishment of dental patient protocols, 1
dental standards of care, and dental practice guidelines. 2
(3) “PRACTICE DENTISTRY ” DOES NOT INCLUDE THE 3
RESPONSIBILITIES OF A SUPERVISING DENTIS T UNDER § 4–104 OF THIS SUBTITLE. 4
4–104. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) (I) “INFECTION CONTROL ACT IVITIES” MEANS STRUCTURAL 8
INFECTION CONTROL OR INFECTION CONTROL THAT IMPACTS THE ENT IRETY OF 9
THE PRIVATE DENTAL O FFICE, AS DETERMINED BY THE BOARD IN REGULATION . 10
(II) “INFECTION CONTROL ACT IVITIES” INCLUDES: 11
1. ADHERENCE TO THE CENTERS FOR DISEASE 12
CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL IN DENTAL 13
HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES; 14
2. WATER QUALITY TESTING ; AND 15
3. SPORE TESTING. 16
(III) “INFECTION CONTROL ACT IVITIES” DOES NOT INCLUDE 17
ACTIVITIES IN CONTRO L OF INDIVIDUAL DENT ISTS, INCLUDING USE OF ADE QUATE 18
PERSONAL PROTECTIVE EQUIPMENT OR STERILI ZATION OF INSTRUMENT S. 19
(A) IN THIS SECTION, “PRIVATE DENTAL OFFIC E” HAS THE MEANING 20
(3) “PRIVATE DENTAL OFFICE ” HAS THE MEANING STATED IN § 21
4–308(L)(1) OF THIS TITLE. 22
(B) (1) THIS SECTION APPLIES ONLY WITH RESPECT TO PRIVATE DENTAL 23
OFFICES. 24
(2) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN 25
UNLICENSED INDIVIDUA L FROM ASSISTING WIT H REGULATORY COMPLIA NCE 26
CONSISTENT WITH § 4–103(E)(12) OF THIS SUBTITLE. 27
(C) EACH OWNER OF A PRIVA TE DENTAL OFFICE SHA LL DESIGNATE A 28
LICENSED DENTIST TO BE THE SUPERVISING D ENTIST FOR THE PRIVA TE DENTAL 29
OFFICE. 30
4 SENATE BILL 335
(D) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 1
SECTION SHALL: 2
(1) COMPLETE THE REGISTRA TION REQUIRED BY THE BOARD; AND 3
(2) BE RESPONSIBLE FOR AL L INFECTION CONTROL ACTIVITIES 4
WITHIN THE PRIVATE D ENTAL OFFICE, INCLUDING ADHERENCE TO THE CENTERS 5
FOR DISEASE CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL 6
IN DENTAL HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES. 7
(E) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 8
SECTION MAY SUPERVIS E NOT MORE THAN THRE E PRIVATE DENTAL OFF ICES THAT 9
ARE WITHIN CLOSE ENO UGH PROXIMITY TO AL LOW FOR PERSONAL OVE RSIGHT OF 10
EACH OFFICE, AS DETERMINED BY THE BOARD IN REGULATION . 11
(F) (E) IF A SUPERVISING DENT IST FOR A PRIVATE DE NTAL OFFICE 12
RELINQUISHES THE SUP ERVISING DENTIST ’S RESPONSIBILITY UND ER SUBSECTION 13
(D)(2) OF THIS SECTION FOR ANY REASON, THE OWNER OF THE PRI VATE DENTAL 14
OFFICE SHALL IMMEDIA TELY DESIGNATE AN IN TERIM SUPERVISING DE NTIST WHO 15
SHALL BE RESPONSIBLE FOR ALL INFECTION CO NTROL WITHIN THE PRI VATE 16
DENTAL OFFICE UNTIL A NEW SUPERVISING DE NTIST FOR THE PRIVAT E DENTAL 17
OFFICE REGISTERS WITH THE BOARD. 18
(G) (F) THE BOARD MAY CHARGE A FE E FOR THE REGISTRATI ON OF A 19
SUPERVISING DENTIST UNDER THIS SECTION . 20
4–308. 21
(l) (1) In this subsection, “private dental office” means a dental office owned 22
and operated by: 23
(i) A licensed dentist; or 24
(ii) A professional corporation, partnership, limited liability 25
company, or limited liability partnership owned and controlled by a licensed dentist. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28