In this title the following words have the meanings indicated. “Board” means the State Board of Dental Examiners. “Dental appliance” means any: Oral prosthesis; Orthodontic appliance; Regulatory appliance; Supportive appliance; or Other intraoral appliance or restoration. “Dental assistant” means an individual who directly assists a dentist in the practice of dentistry. “Dental hygienist” means an individual, other than a dentist, who practices dental hygiene. “Dental laboratory” means any commercial laboratory or workroom in which a person engages in dental laboratory work. “Dental laboratory work” means making, repairing, or altering a dental appliance extraorally. “Dental professional corporation” means: A corporation solely owned by an individual or individuals licensed by the Board to practice dentistry and formed under Title 5 of the Corporations and Associations Article; or A professional service limited liability company owned solely by an individual or individuals licensed by the Board to practice dentistry and formed under Title 4A of the Corporations and Associations Article. “Dentist” means an individual who practices dentistry. “Expanded function dental assistant” means a dental assistant who is certified by the Board to perform specific intraoral procedures. “License” means, unless the context requires otherwise, a license issued by the Board to: Practice dentistry; or Practice dental hygiene. “License” includes, unless the context requires otherwise: A general license to practice dentistry; A limited license to practice dentistry; A teacher’s license to practice dentistry; A general license to practice dental hygiene; A teacher’s license to practice dental hygiene; A retired volunteer dentist’s license to practice dentistry; A retired volunteer dental hygienist’s license to practice dental hygiene; A volunteer dentist’s license to practice dentistry; A volunteer dental hygienist’s license to practice dental hygiene; A temporary volunteer dentist’s license to practice dentistry; and A temporary volunteer dental hygienist’s license to practice dental hygiene. “Licensed dental hygienist” means, unless the context requires otherwise, a dental hygienist who is licensed by the Board to practice dental hygiene. “Licensed dental hygienist” includes, unless the context requires otherwise, a holder of: A general license to practice dental hygiene; A teacher’s license to practice dental hygiene; A retired volunteer dental hygienist’s license to practice dental hygiene; A volunteer dental hygienist’s license to practice dental hygiene; or A temporary volunteer dental hygienist’s license to practice dental hygiene. “Licensed dentist” means, unless the context requires otherwise, a dentist who is licensed by the Board to practice dentistry. “Licensed dentist” includes, unless the context requires otherwise, a holder of: A general license to practice dentistry; A limited license to practice dentistry; A teacher’s license to practice dentistry; A retired volunteer dentist’s license to practice dentistry; A volunteer dentist’s license to practice dentistry; or A temporary volunteer dentist’s license to practice dentistry. “Practice dental hygiene” means to: Perform a preliminary dental examination; Perform a complete prophylaxis, including the removal of any deposit, accretion, or stain from the surface of a tooth or a restoration; Polish a tooth or a restoration; Chart cavities, restorations, missing teeth, periodontal conditions, and other features observed during preliminary examination, prophylaxis, or polishing; Apply a medicinal agent to a tooth for a prophylactic purpose; Take a dental X ray; Perform a manual curettage in conjunction with scaling and root planing; Administer local anesthesia in accordance with § 4–206.1 or § 4–206.3 of this title; Administer nitrous oxide in accordance with § 4–206.2 of this title; or Perform any other intraoral function that the Board authorizes by a rule or regulation adopted under § 4–206 of this title. “Practice dentistry” means to: Perform or attempt to perform any intraoral dental service or intraoral dental operation; Diagnose, treat, or attempt to diagnose or treat any disease, injury, malocclusion, or malposition of a tooth, gum, or jaw, or structures associated with a tooth, gum, or jaw if the service, operation, or procedure is included in the curricula of an accredited dental school or in an approved dental residency program of an accredited hospital or teaching institution; Perform or offer to perform dental laboratory work; Place or adjust a dental appliance in a human mouth; or Administer anesthesia for the purposes of dentistry and not as a medical specialty. “Practice dentistry” includes: Patient evaluation, diagnosis, and determination of treatment plans; Determination of treatment options, including the choice of restorative and treatment materials and diagnostic equipment; and Determination and establishment of dental patient protocols, dental standards of care, and dental practice guidelines. “Practice dentistry” does not include the responsibilities of a supervising dentist under § 4–104 of this subtitle. Except as provided in § 4–308(f)(2) of this title, “supervision” means supervision of a dental hygienist by a dentist, where the dentist may or may not be present when the dental hygienist performs the dental hygiene procedures but is available on the premises. “Temporary dental clinic permit” means, unless the context requires otherwise, a temporary permit issued by the Board to a bona fide charitable organization to provide dental services to the poor, elderly, or disabled at a dental clinic. “Third party” means any person who collects premiums, assumes financial risks, pays claims, or provides administrative services relating to any: Insurance policy; Insurance contract; Health prepayment contract; Health care plan; or Nonprofit health service plan contract.

Except as otherwise provided in this subsection, this title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article. The provisions of this title do not affect a physician while practicing medicine, unless the physician practices dentistry as a specialty. This title does not prohibit an educational program broadcast on radio or television by the Department or by the health department of a political subdivision of this State.

Only an individual or individuals licensed by the Board to practice dentistry or a dental professional corporation may own a dental practice. Only an individual licensed by the Board to practice dentistry may: Direct the clinical training of a dentist, dental hygienist, or dental assistant who assists in the care and treatment of dental patients; Direct a dentist, dental hygienist, or dental assistant in providing dental care and treatment to dental patients; Hire, supervise, or terminate the employment of a dentist, dental hygienist, or dental assistant who provides dental care and treatment to dental patients; Direct the preparation and maintenance of patient treatment records or exert control of a patient’s or treating dentist’s right of access to patient treatment records; or Share in the income, revenues, profits, or fees with licensed dentists within the same dental practice. Except as provided in subsection (b)(5) of this section, a licensed dentist may not share in revenues or split fees. It is unlawful for any person who is not a licensed dentist to direct, control, or interfere with the independent professional judgment of a dentist or dental hygienist regarding the diagnosis, care, or treatment of a patient’s dental disease, disorder, or physical condition. Subject to subsections (a), (b), and (c) of this section, this section does not prohibit a dentist or dental professional corporation from entering into an agreement that provides that an unlicensed person may: Own, lease, or otherwise provide real property or furnishings, equipment, or other goods that are used by a dentist or dental practice; Provide bookkeeping, accounting, and tax preparation services; Administer and process payroll of a dental practice; Provide administrative management of patient treatment records; Interact with patients and third–party payors for the billing and collections for dental services; Create and place advertising and marketing, as approved by a licensed dentist; Provide services to assist in the recruitment of dentists, dental hygienists, and dental assistants for interview and hiring by a licensed dentist within the dental practice; Hire, supervise, and terminate the employment of nonprofessional office staff, subject to approval by a licensed dentist who has the authority to make that decision; Except as otherwise provided in subsection (b) of this section, provide and administer all normal and usual human resource–related services to nondental employees; Determine and assist in the acquisition of information technology; Provide general property management and maintenance; Assist in risk management, including legal and regulatory compliance, securing appropriate insurance coverages and policy limits, and the processing of insurance claims; Provide consulting services relating to productivity, efficiency, and cost management of a dental practice; Receive compensation in the form of fees negotiated with and approved by the dentist owners of the dental practice that shall be a predetermined fixed fee or fixed compensation and may be based on prior revenues or profits over a preceding period of 12 months or longer; or Contract with a third party to provide any of the services specified under this subsection. The requirements of subsections (a) and (b) of this section do not apply to: A clinic maintained by: A public school; A federal, State, or local government agency or institution; A dental or dental hygiene program that is approved by the Commission on Dental Accreditation (CODA) for an institution of higher education, as defined in § 10–101 of the Education Article; or A charitable organization, as defined in § 6–101 of the Business Regulation Article; A federal, State, or local government agency; or A nonprofit organization that provides dental services and is: A health care center or program that offers dental services: Free of cost or on a sliding scale fee schedule; and Without regard to an individual’s ability to pay; or A Federally Qualified Health Center or a Federally Qualified Health Center Look–Alike. Notwithstanding the provisions of paragraph (1) of this subsection: Each dental hygienist, dental assistant, and dental technician employed by an entity described in paragraph (1) of this subsection shall be subject to the provisions of this title; and Each dentist employed by an entity described in paragraph (1) of this subsection shall be licensed and subject to the provisions of Subtitle 3 of this title.

In this section the following words have the meanings indicated. “Infection control activities” means structural infection control or infection control that impacts the entirety of the private dental office, as determined by the Board in regulation. “Infection control activities” includes: Adherence to the Centers for Disease Control and Prevention Guidelines for Infection Control in Dental Health–Care Settings, or its successor guidelines; Water quality testing; and Spore testing. “Infection control activities” does not include activities in control of individual dentists, including use of adequate personal protective equipment or sterilization of instruments. “Private dental office” has the meaning stated in § 4–308(l)(1) of this title. This section applies only with respect to private dental offices. This section may not be construed to prevent an unlicensed individual from assisting with regulatory compliance consistent with § 4–103(e)(12) of this subtitle. Each owner of a private dental office shall designate a licensed dentist to be the supervising dentist for the private dental office. A supervising dentist designated under subsection (c) of this section shall: Complete the registration required by the Board; and Be responsible for all infection control activities within the private dental office. If a supervising dentist for a private dental office relinquishes the supervising dentist’s responsibility under subsection (d)(2) of this section for any reason, the owner of the private dental office shall immediately designate an interim supervising dentist who shall be responsible for all infection control within the private dental office until a new supervising dentist for the private dental office registers with the Board. The Board may charge a fee for the registration of a supervising dentist under this section.