HP0219, LD 266, item 1, 125th Maine State Legislature
An Act To Expand Access to Oral Health Care

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An Act To Expand Access to Oral Health Care
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA c. 16, sub-c. 3-C  is enacted to read:
SUBCHAPTER 3-C
ORAL HEALTH PRACTITIONERS
§ 1094-AA. Oral health practitioner
A dental hygienist or independent practice dental hygienist licensed by the board pursuant to this chapter may practice as a licensed oral health practitioner to the extent permitted by this subchapter.
To qualify for licensure under this subchapter as an oral health practitioner, a person must apply to the board on forms provided by the board, pay the application fee under section 1094-CC and demonstrate to the board that the applicant:
 
1.  Eighteen years of age.     Is 18 years of age or older;
 
2.  Licensure.     Possesses a valid license to practice dental hygiene or independent practice dental hygiene pursuant to this chapter or qualifies for licensure to practice independent practice dental hygiene by endorsement pursuant to section 1094-L;
 
3.  Education and experience.     Has graduated from an oral health practitioner education program that meets the requirements set by rule adopted by the board and has passed an examination approved by the board or accredited by the American Dental Association Commission on Dental Accreditation or its successor organization or another board-approved accreditation organization; and
 
4.  Internship; provisional license.     Has completed one full year of internship as described under section 1094-BB. During internship, the applicant holds a provisional license.
§ 1094-BB. Internship
Prior to attaining licensure as an oral health practitioner, an applicant for licensure must complete one full year of internship under the supervision of a dentist licensed under this chapter. The requirements of the internship period are as established by the board by rule. Upon meeting the requirements of section 1094-AA, subsections 1, 2 and 3 and payment of a fee of $175, an applicant must be granted a provisional license to practice as an oral health practitioner intern. The applicant must retain the applicant's original license to practice as a dental hygienist or an independent practice dental hygienist during the internship year and as an oral health practitioner. During internship, the applicant may be compensated for services performed as an oral health practitioner intern.
§ 1094-CC. License; fees; discontinuation of license
Upon receiving proof of the satisfactory completion of the internship under section 1094-BB, the board shall issue a license to practice as an oral health practitioner to a person who has met the requirements for licensure set forth in this subchapter and has paid the application fee of $250. The license must be exhibited publicly at the person's place of business or employment. The initial date of expiration of the license is the original expiration date of the person's dental hygienist license issued by the board pursuant to subchapter 4 or, for independent practice dental hygienists licensed by endorsement, January 1st of the first odd-numbered year following initial licensure. On or before January 1st of each odd-numbered year, the oral health practitioner shall pay to the board a license renewal fee. Oral health practitioners who have not paid the renewal fee on or before January 1st must be reinstated upon payment of a late fee before February 1st of the year in which license renewal is due. Failure to be properly licensed by February 1st results in automatic suspension of a license to practice as an oral health practitioner. Reinstatement of the oral health practitioner license may be made, if approved by the board, by payment of a reinstatement fee to the board.
The fee for a provisional license during internship is $175. The fee for license renewal is $250. Reinstatement and late fees under this section are as determined by the board.
§ 1094-DD. Continuing education
As a condition of renewal under this subchapter of a license to practice, an oral health practitioner must submit evidence of successful completion of 40 hours of continuing education consisting of board-approved courses, including cardiopulmonary resuscitation, in the 2 years preceding the application for renewal. The board and the oral health practitioner shall follow and are bound by the provisions of section 1084-A in the implementation of this section.
The board may refuse to issue a license under this subchapter to a person who has not completed the required continuing education or may issue the license on terms and conditions set by the board.
§ 1094-EE. Limitation on practice
Following the year of internship under section 1094-BB, an oral health practitioner may without supervision by a dentist and within the scope of practice under section 1094-FF provide services to low-income, uninsured and underserved patients in an area designated as a dental health professional shortage area by the federal Department of Health and Human Services, Health Resources and Services Administration.
§ 1094-FF. Scope of practice
Without supervision by a dentist, an oral health practitioner licensed under this subchapter may practice as specified in section 1094-EE and may only:
 
1.  Perform duties.     Perform all of the duties covered by the scope of practice of the oral health practitioner’s license under subchapter 3-B or 4;
 
2.  Assessments and treatments; preparations; restorations.     Perform oral health assessments, pulpal disease assessments for primary and young permanent teeth, intracoronal cavity preparations and restoration of primary and young permanent teeth;
 
3.  Crowns; space maintainers.     Prepare and space stainless steel crowns and esthetic anterior crowns for primary incisors and place and remove space maintainers;
 
4.  Management of dental trauma, minor surgical care and suturing; extractions.     Conduct urgent management of dental trauma, perform minor surgical care and suturing and extract primary and permanent teeth; and
 
5.  Prescribe.     Prescribe anti-inflammatories, analgesics, antimicrobials, fluoride and antibiotics.
§ 1094-GG. Advisory group
The board shall appoint an advisory group to advise the board on the requirements for education under section 1094-AA, subsection 3, which must include at a minimum 750 hours of classroom and clinical training. The advisory group must include 2 persons who are licensed under this chapter as dental hygienists or independent practice dental hygienists, 2 persons who teach oral health care at a postsecondary institution and 2 dentists licensed under this chapter.
§ 1094-HH. Rulemaking
The board shall adopt rules to implement this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill establishes a licensure process and scope of practice for oral health practitioners. It provides rule-making authority for the Board of Dental Examiners.

HP0219, LR 586, item 1,First Regular Session - 125th Maine Legislature, page