HP1084, LD 1475, item 1, 125th Maine State Legislature
An Act To Authorize the Training of Expanded Function Dental Assistants within Tribal Territories

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An Act To Authorize the Training of Expanded Function Dental Assistants within Tribal Territories
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  dental health is of major importance to the residents of the State, including the territories of federally recognized Indian tribes; and
Whereas,  dental health services within tribal territories are inadequate to properly treat the residents of those territories; and
Whereas,  it is necessary to train and certify dental health providers to provide services to the residents of the tribal territories to properly ensure the health, safety and welfare of those residents; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §1094-H, as enacted by PL 2005, c. 322, §1, is repealed and the following enacted in its place:
§ 1094-H. Certification; renewal
 
1.  Board certification.     Certificates must be renewed every 5 years. On or before the expiration of the certificate, the expanded function dental assistant must pay to the board a certification renewal fee of not more than $100 to be determined by the board. Expanded function dental assistants who have not paid the renewal fee on or before the expiration of the 5-year certificate must be reinstated upon payment of a late fee of not more than $50 to be determined by the board if paid within 30 days of the certificate's expiration date. Failure to be properly certified within 30 days results in automatic suspension of a certificate to practice. Reinstatement may be made, if approved by the board, by payment to the secretary-treasurer of the board of a fee determined by the board of not more than $100. Except as provided in subsection 2, this subsection does not apply to an expanded function dental assistant under subsection 2.
 
2.  Tribal territory.     A dentist licensed under this chapter who practices within the territory of a federally recognized Indian tribe may train and certify a person who meets the qualifications under section 1094-G to become an expanded function dental assistant within that territory. Training under this subsection must meet standards equal to the standards for training an expanded function dental assistant under subsection 1. A certificate issued under this subsection must be renewed every 5 years, and the licensed dentist conducting the training and issuing certification may charge a fee of not more than $100 for original training and certification or for renewal of certification. An expanded function dental assistant who is certified under this subsection is subject to the requirements of this subchapter and may not perform dental procedures authorized under this subsection in a location outside the territory of the federally recognized Indian tribe.
 
3.  Rules.     The board may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to implement this section.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill allows a licensed dentist who practices within the territory of a federally recognized Indian tribe to train and certify an expanded function dental assistant to perform dental procedures within the territory of the federally recognized Indian tribe.

HP1084, LR 2026, item 1,First Regular Session - 125th Maine Legislature, page