There is a State Board of Dental Examiners in the Department.
The Board consists of 16 members.
Of the 16 Board members:
9 shall be licensed dentists;
4 shall be licensed dental hygienists; and
3 shall be consumer members.
Subject to subsection (b)(1) of this section, the Governor shall appoint the dentist Board members, with the advice of the Secretary and the advice and consent of the Senate, from a list of names submitted to the Governor by the Board.
The number of names on the list for one vacancy shall be at least four names, for two vacancies at least three names for each vacancy, and for three or more vacancies at least two names for each vacancy.
Subject to subsection (b)(2) of this section, the Governor shall appoint the dental hygienist Board members, with the advice of the Secretary and the advice and consent of the Senate, from a list of names submitted to the Governor by the Board.
The number of names on the list shall be four times the number of vacancies.
The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
To the extent practicable, the members appointed to the Board shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.
For each licensed dentist vacancy, the Board shall:
Send by electronic mail or regular mail a solicitation for nominations to fill the vacancy to:
Each dentist licensed by the Board; and
Each State dental organization affiliated with a national organization; and
Conduct a balloting process by which each dentist licensed by the State is eligible to vote to select the names of the licensed dentists to be submitted to the Governor.
For each licensed dental hygienist vacancy, the Board shall:
Send by electronic mail or regular mail a solicitation for nominations to fill the vacancy to:
Each dental hygienist licensed by the Board; and
Each State dental hygienist organization affiliated with a national organization; and
Conduct a balloting process by which each dental hygienist licensed by the State is eligible to vote to select the names of the licensed dental hygienists to be submitted to the Governor.
The Board shall develop guidelines for the solicitation of nominations and balloting process that to the extent possible will result in the overall composition of the Board reasonably reflecting the geographic, racial, ethnic, and gender diversity of the State.
Each dentist Board member:
Shall be an individual of recognized ability and honor;
Shall be a practicing holder of a general license to practice dentistry who has practiced dentistry actively in this State for at least 5 years immediately before appointment;
Shall be a resident of this State; and
In the case of a Board member belonging to an association whose members are regulated by the Board, may not be:
An officer of the association;
A member of the association’s governing board or committee;
A member of the association’s house of delegates; or
A voting member of a committee of the association that contributes to the establishment of governmental, regulatory, or legislative policy objectives of the association.
Each dental hygienist Board member:
Shall be a practicing holder of a general license to practice dental hygiene who has practiced dental hygiene actively in this State for at least 3 years immediately before appointment;
Shall be a resident of this State;
In the case of a Board member belonging to an association whose members are regulated by the Board, may not be:
An officer of the association;
A member of the association’s governing board or committee;
A member of the association’s house of delegates; or
A voting member of a committee of the association that contributes to the establishment of governmental, regulatory, or legislative policy objectives of the association.
Each consumer member of the Board:
Shall be a member of the general public;
May not be or ever have been a dentist or dental hygienist or in training to become a dentist or dental hygienist;
May not have a household member who is a dentist or dental hygienist or in training to become a dentist or dental hygienist;
May not participate or ever have participated in a commercial or professional field related to dentistry;
May not have a household member who participates in a commercial or professional field related to dentistry; and
May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
The term of a member is 4 years.
The terms of the members are staggered as required by the terms provided for members of the Board on October 1, 2006.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
A member may not be appointed for more than 2 consecutive full terms.
To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
The Governor may remove a member for incompetence, misconduct, continued neglect of duties imposed by this subtitle, unprofessional conduct, or dishonorable conduct.
The Governor shall remove a member whom the Governor finds to have been absent from 2 successive Board meetings without adequate reason.
From among its members, the Board shall elect a president and a secretary.
The Board shall determine:
The manner of election of officers;
The term of office of each officer; and
The duties of each officer.
The Board shall meet at least twice a year, at the times and places that it determines.
The Board shall hold special meetings, at the places it determines, when:
The Secretary requests a meeting; or
The Board considers a meeting necessary.
After giving due notice, the president or Board secretary shall call meetings. However, the Board may meet at any time and place without notice if each member of the Board either consents in writing or attends the meeting.
Each member of the Board is entitled to:
Compensation in accordance with the budget of the Board; and
Reimbursement for expenses at a rate determined by the Board.
The Board may employ a staff in accordance with the budget of the Board.
In addition to the powers set forth elsewhere in this title, the Board may:
Adopt regulations governing:
The administration of general anesthesia by a licensed dentist;
The administration of sedation by a licensed dentist;
The use of a dental assistant by a licensed dentist in performing intraoral procedures, including:
Reasonable policies and guidelines for a dental assistant to assist in performing intraoral procedures authorized under § 4–301(a) of this title; and
Subject to § 4–302.1(e) of this title, reasonable education or training requirements for an individual to become an expanded function dental assistant and perform the intraoral procedures authorized under § 4–301.1(b) of this title;
Subject to subsection (b) of this section, the issuance of a permit to a facility not otherwise regulated where a dentist administers or has general anesthesia or sedation administered;
Subject to subsection (b) of this section, the issuance of a permit to a dentist who administers or has general anesthesia or sedation administered;
Reasonable requirements for the training and evaluation of a dentist before the dentist may administer general anesthesia or sedation other than nitrous oxide administered alone and not in conjunction with:
Another method of diminishing or eliminating pain; or
Medication used for diminishing or eliminating anxiety;
Reasonable requirements for:
The education, training, evaluation, and examination of a dental hygienist before the dental hygienist may perform manual curettage in conjunction with scaling and root planing; and
Performance by a dental hygienist of manual curettage in conjunction with scaling and root planing;
Reasonable requirements for:
The education, training, evaluation, and examination of a dental hygienist before the dental hygienist may administer local anesthesia under § 4–206.1 of this subtitle; and
Administering by a dental hygienist of local anesthesia under § 4–206.1 of this subtitle;
Reasonable requirements for:
The education, training, evaluation, and examination of a dental hygienist before a dental hygienist may administer nitrous oxide under § 4–206.2 of this subtitle; and
Administering nitrous oxide by a dental hygienist under § 4–206.2 of this subtitle;
Reasonable requirements for the education, training, evaluation, and examination of a dental hygienist before a dental hygienist may administer local anesthesia by inferior alveolar nerve block under § 4–206.3 of this subtitle;
Reasonable requirements for:
The education, training, evaluation, and examination of a dental hygienist before a dental hygienist may prescribe or administer medication under § 4–206.4 of this subtitle; and
Prescribing or administering medication by a dental hygienist under § 4–206.4 of this subtitle;
The discipline of a holder of any facility or administration permit for the administration of general anesthesia or sedation; and
The release of patient dental records;
After consulting with the State Board of Pharmacy, adopt regulations regarding the dispensing of prescription drugs by a licensed dentist;
On receipt of a written and signed complaint, investigate an alleged violation of this title;
After consulting with the Maryland Dental Hygienists’ Association, adopt regulations establishing continuing education requirements for licensed dental hygienists;
Adopt regulations establishing continuing education requirements for licensed dentists;
On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, conduct an unannounced inspection of the office of a dentist, other than an office of a dentist in a hospital, related institution, freestanding medical facility, or a freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention’s guidelines on universal precautions; and
Establish committees from among its members to facilitate and assist the Board in discharging its duties and responsibilities under this title by evaluating, reviewing, and making recommendations to the Board on matters referred to the committees by the Board. The committees established shall include, but may not be limited to:
A nominations committee;
A regulations committee;
A committee on dental hygiene composed of 3 dental hygienists, 1 dentist, and 1 consumer to which the Board shall refer all matters within the Board’s jurisdiction under this title relating to or affecting the practice of dental hygiene for the committee’s evaluation, review, and recommendation;
A disciplinary committee; and
Such other committees as the Board considers appropriate.
The Board may not require a facility or a dentist to obtain a permit if a dentist:
Administers nitrous oxide that is not administered in conjunction with:
Another method of diminishing or eliminating pain; or
Medication used for diminishing or eliminating anxiety; or
Prescribes or administers oral medication to a patient within the maximum recommended dosage for that patient for the sole purpose of diminishing or eliminating anxiety that is not prescribed in conjunction with:
Another method of diminishing or eliminating pain; or
The administration of nitrous oxide.
In addition to the duties set forth elsewhere in this title, the Board shall:
Keep a record of each license and each action taken under § 4–315 of this title;
Have an official seal;
Be trained for at least 1 hour each year on the powers, duties, and procedures, including complaint and hearing procedures, of the Board;
Require applicants for an initial license and applicants for a license renewal to report whether the applicant provides or intends to provide mobile dental services or portable dental services; and
Publish on the Board’s website a searchable list of licensed dentists and licensed dental hygienists who provide mobile dental services or portable dental services in the State; and
Adopt rules, regulations, and bylaws as may be necessary to carry out the provisions of this title.
To be determined to be in compliance with the training requirement under paragraph (1)(iii) of this subsection, the Board shall:
Select an attorney, after consultation with the Maryland State Bar Association, with the appropriate expertise to provide the training to the Board;
Require each member of the Board to attend the training and receive documentation of completion from the attorney providing the training; and
Include a summary of the training and attendance in the Board’s annual report.
Except as otherwise provided in this section, the Board may adopt rules and regulations that authorize a licensed dental hygienist to perform additional intraoral functions.
The Board may not authorize a licensed dental hygienist to:
Perform a diagnosis;
Perform an extraction;
Repair a cavity;
Correct tooth placement;
Perform a surgical procedure; or
Administer anesthesia other than the following:
Topical anesthesia; or
Local anesthesia in accordance with § 4–206.1 of this subtitle.
Subject to the requirements of subsections (b) and (c) of this section, a dental hygienist may administer local anesthesia by infiltration to facilitate the practice of dental hygiene by a dental hygienist or the practice of dentistry by a dentist, but not as a medical specialty, provided the administration of local anesthesia is under the supervision of a dentist who:
Is physically present on the premises; and
Prescribes the administration of local anesthesia by the dental hygienist.
Before a dental hygienist may administer local anesthesia under subsection (a) of this section, the dental hygienist shall successfully complete the following:
Any educational requirements established by the Board; and
A written and clinical examination as required by the Board.
A dental hygienist shall obtain the educational requirements established by the Board under subsection (b)(1) of this section from an accredited dental hygiene program.
Subject to the requirements of subsections (b) and (c) of this section, a dental hygienist may administer nitrous oxide to a patient provided the administration of nitrous oxide is under the supervision of a dentist who:
Is physically present on the premises; and
Prescribes the administration of nitrous oxide by the dental hygienist.
Before a dental hygienist may administer nitrous oxide under subsection (a) of this section, the dental hygienist shall successfully complete the following:
Any educational requirements established by the Board; and
A written and clinical examination as required by the Board.
A dental hygienist shall complete the educational requirements established by the Board under subsection (b)(1) of this section through an accredited dental hygiene program.
Subject to the requirements of subsection (b) of this section, a dental hygienist may administer local anesthesia by inferior alveolar nerve block to facilitate the practice of dental hygiene by a dental hygienist or the practice of dentistry by a dentist, but not as a medical specialty, provided the administration of the local anesthesia is under the supervision of a dentist who:
Is physically present on the premises; and
Prescribes the administration of local anesthesia by the dental hygienist.
Before a dental hygienist may administer local anesthesia under subsection (a) of this section, the dental hygienist shall successfully complete the following:
Any educational requirements established by the Board; and
A written and clinical examination as required by the Board.
A dental hygienist shall obtain the education required under paragraph (1) of this subsection from an accredited dental hygiene program.
A dental hygienist who successfully completed the education requirements and examination required under paragraph (1) of this subsection before October 1, 2011, shall take and successfully complete a refresher course and a clinical examination from an accredited dental hygiene program.
Except as provided in paragraph (2) of this subsection, a dental hygienist who complies with subsections (e) and (f) of this section may prescribe:
Topical and systemic types of prescription or over–the–counter fluoride preparations;
Topical antimicrobial oral rinses; and
Ibuprofen not exceeding 600 mg every 6 hours for up to 3 days after nonsurgical periodontal therapy.
A dental hygienist may not prescribe a drug:
That is classified as a controlled dangerous substance under Title 5, Subtitle 4 of the Criminal Law Article or a controlled substance as defined by 21 U.S.C. § 812; or
The prescription of which requires a federal Drug Enforcement Agency registration.
Except as provided in subsection (c) of this section, a dental hygienist who complies with subsections (e) and (f) of this section may administer medication, including:
A medication listed under subsection (a)(1) of this section;
Premedication antibiotics by mouth as required for dental treatment;
Subgingival antibiotics and antimicrobials; and
Nonopioid pain medication.
A dental hygienist may not administer a medication:
That is classified as a controlled dangerous substance under Title 5, Subtitle 4 of the Criminal Law Article or a controlled substance as defined by 21 U.S.C. § 812;
The prescription of which requires a federal Drug Enforcement Agency registration; or
Except for local anesthesia administered in accordance with § 4–206.1 or § 4–206.3 of this subtitle, that is administered by intramuscular, subcutaneous, intravenous, or intradermal injection.
A dental hygienist may administer a medication under subsection (b) of this section:
Under a standing order in the patient’s record that is authorized by a supervising dentist; and
If the dental hygienist includes the following information in writing in the patient’s record:
The name of the medication;
The date and time the medication was administered;
The route by which the medication was administered; and
The dosage of the medication that was administered.
A dental hygienist prescribing or administering medication as authorized under this section shall prescribe or administer medication:
Under the general supervision of a licensed dentist;
In compliance with applicable regulations adopted by the Board; and
In compliance with applicable provisions of Title 12 of this article and Title 21 of the Health – General Article regarding prescription packaging, labeling, and record keeping.
Before prescribing or administering medication as authorized under this section, a dental hygienist shall complete any educational requirements established by the Board under § 4–205(a)(1)(xi) of this subtitle through an accredited dental hygiene program.
There is a State Board of Dental Examiners Fund.
The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
The fees charged shall be set so as to approximate the cost of maintaining the Board.
Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
The Board shall pay all funds collected under this title to the Comptroller of the State.
The Comptroller shall distribute the fees to the State Board of Dental Examiners Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
No other State money may be used to support the Fund.
In addition to the provisions of subsection (d) of this section, the Board shall fund:
The budget of a dental well–being committee, as defined in § 4–501.1 of this title, with fees set, collected, and distributed to the Fund under this title; and
The budget of a dental hygiene well–being committee, as defined in § 4–508 of this title, with fees set, collected, and distributed to the Fund under this title.
After review and approval by the Board of a budget submitted by the Maryland State Dental Association for a dental well–being committee, the Board may allocate moneys from the Fund to the dental well–being committee.
After review and approval by the Board of a budget submitted by the Maryland Dental Hygienists’ Association for a dental hygiene well–being committee, the Board may allocate moneys from the Fund to a dental hygiene well–being committee.
A designee of the Board shall administer the Fund.
Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
The Board may sue and be sued in its own name in the courts of this State.
A person shall have the immunity from liability described under § 5-705 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.