| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0335* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 335 | |
| 11 | 8 | J2 4lr1824 | |
| 12 | - | | |
| 9 | + | ||
| 13 | 10 | By: Senator Klausmeier | |
| 14 | 11 | Introduced and read first time: January 12, 2024 | |
| 15 | 12 | Assigned to: Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 21, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Health Occupations – Private Dental Offices – Infection Control 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of requiring each owner of a private dental office to designate a licensed 3 | |
| 27 | 21 | dentist to be the supervising dentist for the private dental office; requiring a 4 | |
| 28 | 22 | supervising dentist to complete the registration required by the State Board of 5 | |
| 29 | 23 | Dental Examiners and be responsible for all infection control activities within the 6 | |
| 30 | 24 | private dental office; establishing a certain limit on the number of private dental 7 | |
| 31 | 25 | offices that a supervising dentist may supervise; requiring the owner of a private 8 | |
| 32 | 26 | dental office to designate an interim supervising dentist under certain 9 | |
| 33 | 27 | circumstances; authorizing the Board to charge a certain registration fee; and 10 | |
| 34 | 28 | generally relating to infection control in private dental offices. 11 | |
| 35 | 29 | ||
| 36 | - | BY | |
| 30 | + | BY adding to 12 | |
| 37 | 31 | Article – Health Occupations 13 | |
| 38 | - | ||
| 32 | + | Section 4–104 14 | |
| 39 | 33 | Annotated Code of Maryland 15 | |
| 40 | 34 | (2021 Replacement Volume and 2023 Supplement) 16 | |
| 41 | 35 | ||
| 42 | - | BY repealing and reenacting, | |
| 36 | + | BY repealing and reenacting, without amendments, 17 | |
| 43 | 37 | Article – Health Occupations 18 | |
| 44 | - | ||
| 38 | + | Section 4–308(l)(1) 19 | |
| 45 | 39 | Annotated Code of Maryland 20 | |
| 46 | 40 | (2021 Replacement Volume and 2023 Supplement) 21 | |
| 47 | 41 | ||
| 48 | - | BY adding to 22 2 SENATE BILL 335 | |
| 42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 | |
| 43 | + | That the Laws of Maryland read as follows: 23 | |
| 44 | + | ||
| 45 | + | Article – Health Occupations 24 | |
| 46 | + | ||
| 47 | + | 4–104. 25 2 SENATE BILL 335 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Article – Health Occupations 1 | |
| 52 | - | Section 4–104 2 | |
| 53 | - | Annotated Code of Maryland 3 | |
| 54 | - | (2021 Replacement Volume and 2023 Supplement) 4 | |
| 55 | 50 | ||
| 56 | - | BY repealing and reenacting, without amendments, 5 | |
| 57 | - | Article – Health Occupations 6 | |
| 58 | - | Section 4–308(l)(1) 7 | |
| 59 | - | Annotated Code of Maryland 8 | |
| 60 | - | (2021 Replacement Volume and 2023 Supplement) 9 | |
| 51 | + | (A) IN THIS SECTION , “PRIVATE DENTAL OFFIC E” HAS THE MEANING 1 | |
| 52 | + | STATED IN § 4–308(L)(1) OF THIS TITLE. 2 | |
| 61 | 53 | ||
| 62 | - | SECTION | |
| 63 | - | ||
| 54 | + | (B) THIS SECTION APPLIES ONLY WITH RESPECT TO PRIVATE DENTAL 3 | |
| 55 | + | OFFICES. 4 | |
| 64 | 56 | ||
| 65 | - | Article – Health Occupations 12 | |
| 57 | + | (C) EACH OWNER OF A PRIVA TE DENTAL OFFICE SHA LL DESIGNATE A 5 | |
| 58 | + | LICENSED DENTIST TO BE THE SUPERVISING DENTIST FOR THE PRIV ATE DENTAL 6 | |
| 59 | + | OFFICE. 7 | |
| 66 | 60 | ||
| 67 | - | 4–101. 13 | |
| 61 | + | (D) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 8 | |
| 62 | + | SECTION SHALL : 9 | |
| 68 | 63 | ||
| 69 | - | ( | |
| 64 | + | (1) COMPLETE THE REGISTRA TION REQUIRED BY THE BOARD; AND 10 | |
| 70 | 65 | ||
| 71 | - | (l) (1) “Practice dentistry” means to: 15 | |
| 66 | + | (2) BE RESPONSIBLE FOR AL L INFECTION CONTROL ACTIVITIES 11 | |
| 67 | + | WITHIN THE PRIV ATE DENTAL OFFICE , INCLUDING ADHERENCE TO THE CENTERS 12 | |
| 68 | + | FOR DISEASE CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL 13 | |
| 69 | + | IN DENTAL HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES. 14 | |
| 72 | 70 | ||
| 73 | - | (i) Perform or attempt to perform any intraoral dental service or 16 | |
| 74 | - | intraoral dental operation; 17 | |
| 71 | + | (E) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 15 | |
| 72 | + | SECTION MAY SUPERVISE NOT MORE THAN THREE PRIV ATE DENTAL OFFICES T HAT 16 | |
| 73 | + | ARE WITHIN CLOSE ENO UGH PROXIMITY TO ALL OW FOR PERSONAL OVER SIGHT OF 17 | |
| 74 | + | EACH OFFICE, AS DETERMINED BY THE BOARD IN REGULATION . 18 | |
| 75 | 75 | ||
| 76 | - | (ii) Diagnose, treat, or attempt to diagnose or treat any disease, 18 | |
| 77 | - | injury, malocclusion, or malposition of a tooth, gum, or jaw, or structures associated with a 19 | |
| 78 | - | tooth, gum, or jaw if the service, operation, or procedure is included in the curricula of an 20 | |
| 79 | - | accredited dental school or in an approved dental residency program of an accredited 21 | |
| 80 | - | hospital or teaching institution; 22 | |
| 76 | + | (F) IF A SUPERVISING DENT IST FOR A PRIVATE DE NTAL OFFICE 19 | |
| 77 | + | RELINQUISHES THE SUPERVISING DENTIST’S RESPONSIBILITY UND ER SUBSECTION 20 | |
| 78 | + | (D)(2) OF THIS SECTION FOR ANY REASON, THE OWNER OF THE PRI VATE DENTAL 21 | |
| 79 | + | OFFICE SHALL IMMEDIA TELY DESIGNATE AN IN TERIM SUPERVISING DE NTIST WHO 22 | |
| 80 | + | SHALL BE RESPONSIBLE FOR ALL INFECTION CO NTROL WITHI N THE PRIVATE 23 | |
| 81 | + | DENTAL OFFICE UNTIL A NEW SUPERVISING DE NTIST FOR THE PRIVAT E DENTAL 24 | |
| 82 | + | OFFICE REGISTERS WIT H THE BOARD. 25 | |
| 81 | 83 | ||
| 82 | - | (iii) Perform or offer to perform dental laboratory work; 23 | |
| 84 | + | (G) THE BOARD MAY CHARGE A FE E FOR THE REGISTRATI ON OF A 26 | |
| 85 | + | SUPERVISING DENTIST UNDER THIS SECTION . 27 | |
| 83 | 86 | ||
| 84 | - | ||
| 87 | + | 4–308. 28 | |
| 85 | 88 | ||
| 86 | - | ( | |
| 87 | - | ||
| 89 | + | (l) (1) In this subsection, “private dental office” means a dental office owned 29 | |
| 90 | + | and operated by: 30 | |
| 88 | 91 | ||
| 89 | - | (2) “Practice dentistry” includes: 27 | |
| 90 | - | ||
| 91 | - | (i) Patient evaluation, diagnosis, and determination of treatment 28 | |
| 92 | - | plans; 29 | |
| 93 | - | ||
| 94 | - | (ii) Determination of treatment options, including the choice of 30 | |
| 95 | - | restorative and treatment materials and diagnostic equipment; and 31 | |
| 92 | + | (i) A licensed dentist; or 31 | |
| 96 | 93 | SENATE BILL 335 3 | |
| 97 | 94 | ||
| 98 | 95 | ||
| 99 | - | ( | |
| 100 | - | ||
| 96 | + | (ii) A professional corporation, partnership, limited liability 1 | |
| 97 | + | company, or limited liability partnership owned and controlled by a licensed dentist. 2 | |
| 101 | 98 | ||
| 102 | - | (3) “PRACTICE DENTISTRY ” DOES NOT INCLUDE THE 3 | |
| 103 | - | RESPONSIBILITIES OF A SUPERVISING DENTIS T UNDER § 4–104 OF THIS SUBTITLE. 4 | |
| 104 | - | ||
| 105 | - | 4–104. 5 | |
| 106 | - | ||
| 107 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6 | |
| 108 | - | INDICATED. 7 | |
| 109 | - | ||
| 110 | - | (2) (I) “INFECTION CONTROL ACT IVITIES” MEANS STRUCTURAL 8 | |
| 111 | - | INFECTION CONTROL OR INFECTION CONTROL THAT IMPACTS THE ENT IRETY OF 9 | |
| 112 | - | THE PRIVATE DENTAL O FFICE, AS DETERMINED BY THE BOARD IN REGULATION . 10 | |
| 113 | - | ||
| 114 | - | (II) “INFECTION CONTROL ACT IVITIES” INCLUDES: 11 | |
| 115 | - | ||
| 116 | - | 1. ADHERENCE TO THE CENTERS FOR DISEASE 12 | |
| 117 | - | CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL IN DENTAL 13 | |
| 118 | - | HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES; 14 | |
| 119 | - | ||
| 120 | - | 2. WATER QUALITY TESTING ; AND 15 | |
| 121 | - | ||
| 122 | - | 3. SPORE TESTING. 16 | |
| 123 | - | ||
| 124 | - | (III) “INFECTION CONTROL ACT IVITIES” DOES NOT INCLUDE 17 | |
| 125 | - | ACTIVITIES IN CONTRO L OF INDIVIDUAL DENT ISTS, INCLUDING USE OF ADE QUATE 18 | |
| 126 | - | PERSONAL PROTECTIVE EQUIPMENT OR STERILI ZATION OF INSTRUMENT S. 19 | |
| 127 | - | ||
| 128 | - | (A) IN THIS SECTION, “PRIVATE DENTAL OFFIC E” HAS THE MEANING 20 | |
| 129 | - | ||
| 130 | - | (3) “PRIVATE DENTAL OFFICE ” HAS THE MEANING STATED IN § 21 | |
| 131 | - | 4–308(L)(1) OF THIS TITLE. 22 | |
| 132 | - | ||
| 133 | - | (B) (1) THIS SECTION APPLIES ONLY WITH RESPECT TO PRIVATE DENTAL 23 | |
| 134 | - | OFFICES. 24 | |
| 135 | - | ||
| 136 | - | (2) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN 25 | |
| 137 | - | UNLICENSED INDIVIDUA L FROM ASSISTING WIT H REGULATORY COMPLIA NCE 26 | |
| 138 | - | CONSISTENT WITH § 4–103(E)(12) OF THIS SUBTITLE. 27 | |
| 139 | - | ||
| 140 | - | (C) EACH OWNER OF A PRIVA TE DENTAL OFFICE SHA LL DESIGNATE A 28 | |
| 141 | - | LICENSED DENTIST TO BE THE SUPERVISING D ENTIST FOR THE PRIVA TE DENTAL 29 | |
| 142 | - | OFFICE. 30 | |
| 143 | - | 4 SENATE BILL 335 | |
| 144 | - | ||
| 145 | - | ||
| 146 | - | (D) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 1 | |
| 147 | - | SECTION SHALL: 2 | |
| 148 | - | ||
| 149 | - | (1) COMPLETE THE REGISTRA TION REQUIRED BY THE BOARD; AND 3 | |
| 150 | - | ||
| 151 | - | (2) BE RESPONSIBLE FOR AL L INFECTION CONTROL ACTIVITIES 4 | |
| 152 | - | WITHIN THE PRIVATE D ENTAL OFFICE, INCLUDING ADHERENCE TO THE CENTERS 5 | |
| 153 | - | FOR DISEASE CONTROL AND PREVENTION GUIDELINES FOR INFECTION CONTROL 6 | |
| 154 | - | IN DENTAL HEALTH–CARE SETTINGS, OR ITS SUCCESSOR GUI DELINES. 7 | |
| 155 | - | ||
| 156 | - | (E) A SUPERVISING DENTIST DESIGNATED UNDER SUB SECTION (C) OF THIS 8 | |
| 157 | - | SECTION MAY SUPERVIS E NOT MORE THAN THRE E PRIVATE DENTAL OFF ICES THAT 9 | |
| 158 | - | ARE WITHIN CLOSE ENO UGH PROXIMITY TO AL LOW FOR PERSONAL OVE RSIGHT OF 10 | |
| 159 | - | EACH OFFICE, AS DETERMINED BY THE BOARD IN REGULATION . 11 | |
| 160 | - | ||
| 161 | - | (F) (E) IF A SUPERVISING DENT IST FOR A PRIVATE DE NTAL OFFICE 12 | |
| 162 | - | RELINQUISHES THE SUP ERVISING DENTIST ’S RESPONSIBILITY UND ER SUBSECTION 13 | |
| 163 | - | (D)(2) OF THIS SECTION FOR ANY REASON, THE OWNER OF THE PRI VATE DENTAL 14 | |
| 164 | - | OFFICE SHALL IMMEDIA TELY DESIGNATE AN IN TERIM SUPERVISING DE NTIST WHO 15 | |
| 165 | - | SHALL BE RESPONSIBLE FOR ALL INFECTION CO NTROL WITHIN THE PRI VATE 16 | |
| 166 | - | DENTAL OFFICE UNTIL A NEW SUPERVISING DE NTIST FOR THE PRIVAT E DENTAL 17 | |
| 167 | - | OFFICE REGISTERS WITH THE BOARD. 18 | |
| 168 | - | ||
| 169 | - | (G) (F) THE BOARD MAY CHARGE A FE E FOR THE REGISTRATI ON OF A 19 | |
| 170 | - | SUPERVISING DENTIST UNDER THIS SECTION . 20 | |
| 171 | - | ||
| 172 | - | 4–308. 21 | |
| 173 | - | ||
| 174 | - | (l) (1) In this subsection, “private dental office” means a dental office owned 22 | |
| 175 | - | and operated by: 23 | |
| 176 | - | ||
| 177 | - | (i) A licensed dentist; or 24 | |
| 178 | - | ||
| 179 | - | (ii) A professional corporation, partnership, limited liability 25 | |
| 180 | - | company, or limited liability partnership owned and controlled by a licensed dentist. 26 | |
| 181 | - | ||
| 182 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 | |
| 183 | - | October 1, 2024. 28 | |
| 184 | - | ||
| 99 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
| 100 | + | October 1, 2024. 4 |