Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board to practice dentistry before the individual may practice dentistry on a human being in this State.
Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board to practice dental hygiene before the individual may practice dental hygiene on a human being in this State.
This section does not apply to:
A student of dentistry while engaged in an educational program at an approved school of dentistry;
A student of dental hygiene while engaged in an approved educational program in dental hygiene;
A dentist while performing official duties in a federal dental service;
An individual licensed to practice dentistry in any other state or a foreign country, while the individual:
Makes a clinical demonstration before a dental society, dental convention, association of dentists, or dental college; or
Performs professional duties on a specific case for which the individual is called into this State;
A dental assistant, if the dental assistant:
Subject to the rules and regulations adopted by the Board, performs only procedures that do not require the professional skills of a licensed dentist; and
Performs intraoral procedures in accordance with § 4–301.1 of this subtitle only under the direct supervision of a licensed dentist who personally is present in the office area where the procedures are performed; or
An heir of a deceased licensed dentist or a personal representative of a deceased licensed dentist, if:
The deceased licensed dentist was the owner of the dental practice;
The deceased licensed dentist did not provide for the disposition of the dental practice; and
The heir or the personal representative of the deceased licensed dentist serves as the owner of the dental practice, regardless of whether the heir or the personal representative is licensed to practice dentistry, for no longer than 1 year after the death of the licensed dentist unless the Board extends the time period under subsection (c)(1) of this section.
On written request and good cause shown by the heir or personal representative of a deceased licensed dentist, including evidence of a good faith effort to sell or close the dental practice, the Board, in its sole discretion, may extend the 1–year period under subsection (b)(6)(iii) of this section for up to an additional 6 months to allow the heir or personal representative sufficient time to sell or otherwise dispose of the dental practice.
During the temporary ownership of a dental practice by an heir or a representative of a deceased licensed dentist under subsection (b)(6)(iii) of this section and, if applicable, paragraph (1) of this subsection, all patient care shall be provided:
By an appropriate individual who is licensed under this title; and
In accordance with the individual’s scope of practice.
The temporary ownership of a dental practice by an heir or a personal representative of a deceased licensed dentist under this subsection may not affect the exercise of the independent judgment of a licensed dentist who provides care to patients of the dental practice.
A dental assistant may assist a licensed dentist in providing the following intraoral procedures under the direct supervision of a licensed dentist without being certified by the Board:
Rinsing and aspiration of the oral cavity;
Retraction of the lips, cheeks, tongue, and flaps;
Placement and removal of materials for the isolation of the dentition, provided that the material is not retained by the dentition;
Instructing on oral hygiene;
Taking impressions for study models or diagnostic casts;
Constructing athletic mouth guards on models;
Applying topical anesthesia;
Curing by the use of halogen light;
Checking for loose bands; and
Any other procedure that the Board authorizes by a rule or regulation.
A dental assistant may assist in performing intraoral photography, other than conventional or digital X–ray, under the general supervision of a licensed dentist who reviews the photography and authorizes the treatment plan without being certified by the Board.
Except for an individual licensed as a dentist or a dental hygienist under this title, an individual shall be certified by the Board as an expanded function dental assistant authorized to perform at least one of the following intraoral procedures before the individual may perform the intraoral procedure in the State:
Assisting in orthodontic procedures authorized by the Board in regulation;
Placing dental sealants;
Coronal polishing only to remove stain or biofilm:
In connection with a dental prophylaxis:
As determined necessary and appropriate, secondary to the more complex dental procedures of a dental prophylaxis, such as removal of hard and soft deposits and stain of the tooth crown, root surfaces, and periodontal pocket; and
If applicable, in consultation with the treating dental hygienist; or
Before a dentist performs an esthetic or cementation procedure;
Applying silver diamine fluoride;
Monitoring nitrous oxide by observing a patient:
During the flow of nitrous oxide;
During the reduction of the flow of nitrous oxide;
During the shutting off of equipment controlling the flow of nitrous oxide; and
At all times in between the start of the flow of nitrous oxide until the nitrous oxide has been terminated and the patient has fully awoken and is coherent; or
Additional intraoral procedures authorized by the Board in regulations.
A dental assistant who is certified by the Board to perform an intraoral procedure listed in paragraph (1) of this subsection may perform the intraoral procedure listed in paragraph (1) of this subsection if a licensed dentist:
Gives the expanded function dental assistant specific instructions to perform the intraoral procedure; and
Directly supervises the expanded function dental assistant performing the intraoral procedure.
Except as otherwise provided in this title, to qualify for a license, an applicant shall be an individual who meets the requirements of this section.
The applicant shall be of good moral character.
To qualify for a license to practice dentistry, the applicant shall be at least 18 years old.
The applicant shall submit to a criminal history records check in accordance with § 4–302.2 of this subtitle.
Unless waived by the Board under §§ 4–303 and 4–303.1 of this subtitle, and except as provided in § 4–306.1 of this subtitle, to qualify for a license to practice dentistry, the applicant shall hold a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent, from a college or university that is:
Authorized by any state or any province of Canada to grant the degree; and
Recognized by the Board as requiring adequate preprofessional collegiate training and as maintaining an acceptable course of dental instruction.
To qualify for a license to practice dental hygiene, the applicant shall be a graduate of a school for dental hygienists that:
Requires at least 2 years of education in an institution of higher education;
Is accredited by the American Dental Association Commission on Dental Accreditation; and
Is approved by the Board.
Unless the examination requirement is waived under § 4–306 or § 4–310 of this subtitle, and except as provided in § 4–303.1 of this subtitle, to qualify for a general license to practice dentistry or a general license to practice dental hygiene, the applicant shall pass an examination given by the Board under this subtitle.
An examination is not required for a teacher’s license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dental hygiene.
In addition to the requirements of subsections (a), (b), (c), (d), and (e) of this section, to qualify for a teacher’s license to practice dentistry, the applicant shall:
Be licensed to practice dentistry in any other state;
Have been active in the dental profession for at least 5 years;
Be a full–time or part–time faculty member at a college or university where the applicant teaches a subject required by the dental school of that college or university; and
If the applicant is engaged in a teaching area that is designated as a specialty by the National Commission on Recognition of Dental Specialties and Certifying Boards, meet the requirements established by the National Commission on Recognition of Dental Specialties and Certifying Boards for that specialty.
In addition to the requirements of subsections (a), (b), (d), and (f) of this section, to qualify for a teacher’s license to practice dental hygiene, the applicant shall:
Be licensed to practice dental hygiene in any other state;
Have been active as a dental hygienist for at least 5 years before applying for the teacher’s license to practice dental hygiene; and
Be a full–time or part–time faculty member at a dental school where the applicant teaches a subject required by that school.
In addition to the requirements of subsections (a), (b), (c), (d), and (e) of this section, to qualify for a retired volunteer dentist’s license to practice dentistry, the applicant shall:
Have had a general license to practice dentistry issued under this title within the last 2 years;
Complete the continuing education requirements that the Board establishes for a general license; and
Provide dental services as required under § 4–308(c) of this subtitle.
In addition to the requirements of subsections (a), (b), (d), and (f) of this section, to qualify for a retired dental hygienist’s license to practice dental hygiene, the applicant shall:
Have had a general license to practice dental hygiene under this title within the last 2 years;
Complete the continuing education requirements that the Board establishes for a general license; and
Provide dental hygiene services as required under § 4–308(g) of this subtitle.
In addition to the requirements of subsections (a), (b), (c), (d), and (e) of this section, to qualify for a volunteer dentist’s license to practice dentistry, the applicant shall:
Satisfy the requirements of § 4–306(b)(1) and (d)(2) of this subtitle;
Hold an active license to practice dentistry in another state or in the District of Columbia;
Complete the continuing education requirements that the Board establishes for a general license;
Provide dental services exclusively in the manner described in § 4–308(c) of this subtitle; and
Immediately upon ceasing to provide services exclusively in the manner described in § 4–308(c) of this subtitle, surrender the volunteer license to the Board.
In addition to the requirements of subsections (a), (b), (c), (d), and (f) of this section, to qualify for a volunteer dental hygienist’s license to practice dental hygiene, an applicant shall:
Satisfy the requirements of § 4–306(b)(2) and (e)(2) of this subtitle;
Hold an active license to practice dental hygiene in another state or in the District of Columbia;
Complete the continuing education requirements that the Board establishes for a general license;
Provide dental hygiene services exclusively in the manner described in § 4–308(g) of this subtitle; and
Immediately upon ceasing to provide services exclusively in the manner described in § 4–308(g) of this subtitle, surrender the volunteer license to the Board.
To qualify for a limited license to practice dentistry, the applicant shall meet the requirements set forth in subsections (a), (b), (c), (d), and (e) of this section.
To qualify for a certificate to be an expanded function dental assistant, an applicant shall be an individual who meets the requirements of this section.
The applicant must be of good moral character.
The applicant must be at least 18 years old.
The applicant must:
Be a high school graduate or have attained a high school equivalency;
Have successfully completed a course of study approved, subject to subsection (e) of this section, by the Board related to the intraoral procedure for which the applicant has applied for a certificate;
Have the appropriate certification from the Dental Assisting National Board;
Have passed any examination provided for in a regulation adopted by the Board; and
Submit to a State criminal history records check.
The Board may not approve a course of study under subsection (d)(2) of this section unless the course of study is part of:
A U.S. Department of Labor Job Corps dental assisting program;
A dental assisting program located within an institution of postsecondary education that is accredited by an accrediting institution recognized by the U.S. Department of Education;
A dental assisting program that is located within a high school and is recognized by an accrediting body recognized by the U.S. Department of Education or the high school accrediting body of a state;
A dental assisting program that is accredited by the Council on Dental Accreditation, or a successor organization;
A dental assisting course or program offered by the Dale Foundation, an affiliate of the Dental Assisting National Board, or any successor entity; or
An orthodontic dental assisting course or program offered by the Trapezio Orthodontic Assistant Training Solutions, or any successor entity.
A course of study for initial certification under this section shall include at least 35 hours of instruction consisting of both online and in–person instruction.
The Board shall adopt regulations specifying the required number of hours for in–person instruction, online instruction, and clinical hands–on training.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
An applicant shall apply to the Central Repository for a State and national criminal history records check.
As part of the application for a criminal history records check, an applicant shall complete and submit to the Central Repository:
A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information.
Information obtained from the Central Repository under this section:
Is confidential;
May not be redisseminated; and
May be used only for the licensing purpose authorized by this title.
The subject of a criminal history records check under this section may contest the contents of the criminal history record information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
On receipt of the criminal history record information of an applicant for licensure or certification forwarded to the Board in accordance with this section, in determining whether to grant a license or certificate, the Board shall consider:
The age at which the crime was committed;
The circumstances surrounding the crime;
The length of time that has passed since the crime;
Subsequent work history;
Employment and character references; and
Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
Subject to the provisions of this section, the Board may waive the education requirements of § 4-302 of this subtitle for an applicant for a limited license who does not hold a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent from a college or university that is authorized by any state or any province of Canada to grant the degree and is recognized by the Board under § 4-302(d)(2) of this subtitle.
The Board may grant a waiver under this section only if the applicant:
Completes at least 2 years of formal general clinical training in a college or university that is authorized by any state or any province of Canada to grant the degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent and is recognized by the Board under § 4-302(d)(2) of this subtitle; and
Meets any other requirements that the Board establishes for a waiver of the education requirements of § 4-302 of this subtitle.
Notwithstanding the provisions of subsection (b) of this section and § 4-302(g) of this subtitle, the Board may grant a waiver for a teacher’s license if it finds that:
The applicant holds a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree from a school, college, or faculty of dentistry;
The applicant demonstrates that the applicant has had at least 5 years of clinical dental experience;
The applicant is found to be of good moral character and professionally competent;
The Dean of the University of Maryland Dental School requests the waiver and circumstances exist that justify the granting of a waiver; and
The applicant is appointed to a full-time or part-time faculty position at the University of Maryland Dental School.
A teacher’s license granted pursuant to a waiver under paragraph (1) of this subsection:
Authorizes the licensee to practice dentistry to the same extent as other faculty members who hold general licenses to practice dentistry, provided that the licensee only practices dentistry at established teaching sites and faculty programs of the University of Maryland Dental School; and
Shall be surrendered immediately to the Board when the licensee ceases to hold an appointment as a full-time or part-time faculty member of the University of Maryland Dental School.
Subject to the provisions of this section, the Board may waive the education requirements of § 4–302 of this subtitle for an applicant for a limited license to practice dentistry who does not hold a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent from a college or university that is authorized by any state or any province of Canada to grant the degree and is recognized by the Board under § 4–302(d)(2) of this subtitle.
The Board may grant a waiver under this section only if:
The applicant:
Holds a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree from a school, college, or faculty of dentistry other than one located in the United States or Canada;
Has successfully completed at least a 2–year dentistry residency program at a dental school or a hospital authorized by any state and which is recognized by the Board;
Either is a dental fellow, or has successfully completed a dental fellowship, at the University of Maryland School of Dentistry or another dental school recognized by the Board;
Is contractually obligated to provide dental services for at least 2 years:
In a public health dental clinic operated by the State or a county or municipality of the State; or
In a federally qualified health center or Maryland qualified health center only to Medicaid, uninsured, or indigent patients or patients who otherwise qualify for dental care in a public health dental clinic;
Limits practice to the public health dental clinic, federally qualified health center, or Maryland qualified health center for which the applicant has contractually agreed to provide dental services;
Is found to be of good moral character and professionally competent; and
Meets any other requirements that the Board may reasonably require; and
The health officer of the public health program or dental director of the federally qualified health center or Maryland qualified health center for which the applicant has contractually agreed to provide at least 2 years of dental services requests the waiver from the Board and states that circumstances exist to justify granting the waiver.
A limited license to practice dentistry issued to an applicant for a waiver under this section shall expire and be surrendered immediately to the Board if:
The licensee’s contract with the public health dental clinic, federally qualified health center, or Maryland qualified health center expires; or
The licensee fails, for any reason, to fully satisfy the licensee’s obligations under subsection (b)(1)(iv) and (v) of this section.
The Board may issue a general license to a limited licensee who was granted a waiver under this section if the limited licensee:
Successfully completes at least a 2–year contractual obligation to provide dental care in accordance with subsection (b)(1)(iv) of this section;
Submits an application for a general license to practice dentistry on a form provided by the Board;
Passes the ADLEX as defined in § 4–306(a)(4) of this subtitle;
Passes the Maryland Dental Jurisprudence Examination given by the Board or its designee;
Passes the National Board Examinations;
Demonstrates oral English competency by scoring 220 or better for overall comprehension and 2.0 or better for pronunciation, grammar, and fluency on the test of spoken English administered by the Educational Testing Service; and
Is found to be of good moral character.
To apply for a license, an applicant shall:
Submit an application to the Board on the form that the Board requires;
Submit to a criminal history records check in accordance with § 4–302.2 of this subtitle; and
Pay to the Board an application fee set by the Board.
In addition to the other requirements of this section, an applicant for a limited license to practice dentistry shall submit to the Board a written request, from the hospital, sanatorium, dental school, or public health program to which the practice is to be limited, that the license be issued.
To apply for a retired volunteer dentist’s license, a volunteer dentist’s license, or a temporary volunteer dentist’s license to practice dentistry, an applicant:
Shall submit an application to the Board on the form that the Board requires; and
May not be required to pay an application fee.
At least 30 days before the examination, an applicant for a general license to practice dental hygiene shall submit the application to the Board.
In addition to the other requirements of this section, an applicant for a license to practice dental hygiene shall submit to the Board:
Satisfactory evidence of graduation from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation; and
Any other credentials that the Board requires.
To apply for a retired volunteer dental hygienist’s license, a volunteer dental hygienist’s license, or a temporary volunteer dental hygienist’s license to practice dental hygiene, an applicant:
Shall submit an application to the Board on the form that the Board requires; and
May not be required to pay an application fee.
To apply for a temporary dental clinic permit, an applicant:
Shall submit an application on the form that the Board requires; and
May not be required to pay an application fee.
To apply for a certificate to be an expanded function dental assistant, an applicant shall:
Submit an application to the Board in a manner that the Board requires; and
Pay to the Board an application fee set by the Board.
An applicant who otherwise qualifies for a general license to practice dentistry or a general license to practice dental hygiene is entitled to be examined as provided in this section.
The Board shall notify each qualified applicant of the time and place of examination.
The Board shall determine the subjects, scope, form, and passing score for examinations given under this title.
An applicant shall pay:
To the Board an examination fee set by the Board in an amount that does not exceed the costs of administering the examination; or
To an examining body designated by the Board an examination fee set by the examining body as approved by the Board.
An applicant who fails an examination 4 times may not be licensed.
Consumer members of the Board may only participate in the proctoring or monitoring of examinations under this title.
Unless authorized by the Board, a dental hygienist member of the Board may not participate in any activity relating to the examination of dentists under this title.
An applicant who otherwise qualifies for a certificate to be an expanded function dental assistant is entitled to be examined as provided for in this section.
The Board shall notify each qualified applicant of the time and place of the examination.
The Board shall determine the subjects, scope, form, and passing score for examinations given under this section.
An applicant shall pay to the Board an examination fee set by the Board in an amount that does not exceed the costs of administering the examination.
In this section the following words have the meanings indicated.
“ADEX” means the American Board of Dental Examiners, Inc., or its successor organization.
“ADHLEX” means the American Dental Hygiene Licensing Examination designed and developed by ADEX, or its successor examination.
“ADHLEX” includes a written component and a clinical component.
“ADLEX” means the American Dental Licensing Examination designed and developed by ADEX, or its successor examination.
“ADLEX” includes a written component and a clinical component.
A dentist licensed in any other state shall be issued a license in this State if the applicant:
Has passed the ADLEX; and
Has passed the Maryland Dental Jurisprudence Examination given by the Board or its designee; or
For the 5 preceding years, has been actively engaged in practicing dentistry for at least 850 hours on average per year;
Has passed an examination with a clinical component as a requirement for licensure in another state;
Has passed a comprehensive written examination on applied clinical diagnosis and treatment planning administered by ADEX; and
Has passed the Maryland Dental Jurisprudence Examination given by the Board or its designee.
A dental hygienist licensed in any other state shall be issued a license in this State if the applicant:
Has passed the ADHLEX; and
Has passed the Maryland Dental Hygiene Jurisprudence Examination given by the Board or its designee; or
For the 3 preceding years, has been actively engaged in practicing dental hygiene for at least 150 hours on average per year;
Has passed an examination with a clinical component as a requirement for licensure in another state;
Has passed a comprehensive written examination on applied clinical diagnosis and treatment planning administered by ADEX; and
Has passed the Maryland Dental Hygiene Jurisprudence Examination given by the Board or its designee.
The Board may adopt regulations for the content and administration of examinations and any other regulations necessary to provide for the licensure of individuals who apply for a license to practice dentistry under subsection (b)(1) of this section.
The Board may adopt regulations for the content and administration of examinations and any other regulations necessary to provide for the licensure of individuals who apply for a license to practice dental hygiene under subsection (b)(2) of this section.
An applicant for a general license to practice dentistry under this section shall:
Pay the application fee required by § 4–304 of this subtitle; and
Provide adequate evidence that the applicant:
Meets the qualifications otherwise required by this title for a general license to practice dentistry;
Holds a license to practice dentistry in another state;
Has satisfied the examination requirements provided in subsection (b)(1) of this section;
Is not being investigated by a disciplinary authority of another state, does not have charges pending against the applicant’s license, and has not been disciplined by a disciplinary or licensing authority of any other state or country, or been convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under § 4–315 of this subtitle; and
Has not previously failed an examination for licensure as a dentist in this State.
An applicant for a general license to practice dental hygiene under this section shall:
Pay the application fee required by § 4–304 of this subtitle; and
Provide adequate evidence that the applicant:
Meets the qualifications otherwise required by this title for a general license to practice dental hygiene;
Holds a license to practice dental hygiene in another state;
Has satisfied the examination requirements provided in subsection (b)(2) of this section;
Is not being investigated by a disciplinary authority of another state, does not have charges pending against the applicant’s license, and has not been disciplined by a disciplinary or licensing authority of any other state or country, or been convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under § 4–315 of this subtitle; and
Has not previously failed an examination for licensure as a dental hygienist in this State.
If an applicant meets the requirements for licensure under this section, the Board shall issue the license within 15 business days after receiving the completed application.
A dentist who is a faculty member at the University of Maryland School of Dentistry and was trained at a foreign dental school shall be qualified by the Board to take an examination offered by ADEX, as defined in § 4–306 of this subtitle, if the applicant:
Completes training in a dental specialty recognized by the Board; and
Is board certified in a dental specialty recognized by the Board; or
Is a general dentist who:
Has successfully completed:
A general dental practice residency; or
Advanced education in a general dentistry program; or
Is board certified by the American Board of General Dentistry;
At the time the application is made, is a full–time faculty member at the University of Maryland School of Dentistry who has completed at least 7 consecutive years as a full–time faculty member; and
Submits to the Board a written letter of support from the University of Maryland School of Dentistry stating that the school supports the applicant to take the ADEX examination.
If the dentist receives a passing score on the ADEX examination, the dentist may apply for a general license to practice dentistry.
A dentist who applied for a general license to practice dentistry under subsection (b) of this section and was issued a general license shall surrender the license if the dentist violates any provision of this title or any regulation adopted by the Board.
The Board shall issue the appropriate license to any applicant who meets the requirements of this title for that license.
The Board shall include on each license that the Board issues:
The name of the licensee;
The date the license was issued;
A serial number;
The signatures of the president and secretary of the Board; and
The seal of the Board.
On a limited license to practice dentistry, the Board also shall include:
The date the license expires, for a license that expires on the first anniversary of its effective date; and
The name of the institution or public health program at which the licensee is authorized to practice dentistry.
On a teacher’s license to practice dentistry, the Board also shall include the name of the college or university at which the licensee is a full-time or part-time faculty member.
On a teacher’s license to practice dental hygiene, the Board also shall include the name of the dental school at which the licensee is a full-time or part-time faculty member.
The Board shall issue a license to replace a lost or destroyed license if the licensee pays a fee set by the Board that approximates the actual cost of replacing the license.
The Board may not issue a license if the criminal history record information required under § 4–302.2 of this subtitle has not been received.
The Board shall issue an appropriate certificate to any applicant who meets the requirements of this title and regulations adopted by the Board for that certificate.
The Board shall include on each certificate that the Board issues:
The name of the certified individual;
The date the certificate was issued;
The intraoral procedures that the expanded function dental assistant is qualified to perform;
A serial number;
The signatures of the president and secretary of the Board; and
The seal of the Board.
The Board shall issue a certificate to replace a lost or destroyed certificate if the expanded function dental assistant pays a fee set by the Board that approximates the actual cost of replacing the certificate.
An individual may be simultaneously certified as a dental radiation technologist under § 4–505 of this title and as an expanded function dental assistant.
A general license to practice dentistry issued under this title authorizes the licensee to practice dentistry while the license is effective.
While it is effective, a limited license to practice dentistry issued under this title authorizes the licensee to practice dentistry, including as an intern or a resident:
Only for the institution or public health program named on the license; and
Only on patients of the institution or public health program named on the license.
While it is effective, a retired volunteer dentist’s license or a volunteer dentist’s license to practice dentistry issued under this title authorizes the licensee to practice dentistry:
Only in a dental office, dental clinic, ambulatory care facility, or hospital;
Only for an entity providing medical care to the poor, elderly, or disabled that is operated by:
The State or a local government;
A bona fide charitable organization; or
Any other entity authorized under regulations adopted by the Board;
If the dentist signs a written statement agreeing to donate at least 100 hours of dental services without compensation in a facility that satisfies the requirements of items (1) and (2) of this subsection;
If the dentist provides documentation as required by the Board which evidences that the licensee is covered by malpractice insurance; and
If the dentist does not otherwise practice dentistry for profit in Maryland.
While it is effective, a temporary volunteer dentist’s license issued under this title authorizes the licensee to practice dentistry:
Only in a temporary dental clinic providing medical care to the poor, elderly, or disabled that is operated by:
A bona fide charitable organization;
The State or a local government; or
A local health department;
If:
The dentist holds a general license to practice dentistry in another state that permits clinical practice and the dentist is not subject to clinical restrictions; and
The dentist has:
Passed the North East Regional Board Clinical Examination; or
Submitted to the Board a notarized affidavit or other evidence satisfactory to the Board indicating that for the 5 years preceding application, the applicant has actively engaged in practicing dentistry for at least 850 hours on average per year;
If the dentist has fulfilled any requirements of the Board relating to knowledge of the regulations adopted by the Board and the laws concerning the practice of dentistry in the State;
If the dentist provides a notarized affidavit to the Board agreeing to donate dental services without compensation for a temporary dental clinic that satisfies the requirements of subsection (i) of this section;
If the dentist provides documentation as required by the Board that evidences that the dentist is covered by malpractice insurance;
If the dentist does not otherwise practice dentistry for profit in the State; and
If the dentist provides verification of current cardiopulmonary resuscitation certification.
A dentist who holds a temporary volunteer dentist’s license may not administer, maintain, or monitor general anesthesia or sedation.
A dentist who holds a temporary volunteer dentist’s license may only provide services authorized under the Maryland Dentistry Act and the regulations adopted by the Board.
A dentist who holds a temporary volunteer dentist’s license or the temporary dental clinic in which the dentist is providing services shall provide a form to a patient at the conclusion of treatment that contains:
A summary of the services that were provided to the patient by the dentist and, if applicable, the dental hygienist; and
Instructions for any recommended follow–up dental care.
The Board may deny a temporary volunteer dentist’s license on the grounds provided under § 4–315 of this subtitle.
A temporary volunteer dentist’s license issued to a dentist under this title shall be issued for the duration of the temporary dental clinic only and may not be renewed.
The Board may issue a temporary volunteer dentist’s license to a dentist who previously held a temporary volunteer dentist’s license if the dentist applies for a new license and satisfies the requirements of this subtitle.
The Board may not require continuing education as a condition for the issuance of a temporary volunteer dentist’s license.
While it is effective, a teacher’s license to practice dentistry issued under this title authorizes the licensee to practice dentistry at only the following institutions:
The institution named on the license; and
Other affiliated institutions as appropriate because of the specialized nature of the services to be performed.
Except as provided in subsection (k) of this section, while it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene:
Under the supervision of a licensed dentist who is:
On the premises and available for personal consultation while the services are being performed; or
Not on the premises while authorized dental hygiene services are provided when the requirements of subsection (l) of this section have been fully satisfied; and
Only in a:
Dental office;
Dental clinic;
Hospital;
School;
Charitable institution; or
Health maintenance organization certified by the State Insurance Commissioner.
The Board may waive, on a case by case basis only, the supervision requirements of this subsection for:
A dental facility owned and operated by the federal, the State, or a local government;
A health facility licensed by the Maryland Department of Health;
A facility providing medical care to the poor, elderly, or handicapped that is owned and operated by:
The State or a local government; or
A bona fide charitable organization; or
Any other setting authorized under regulations adopted by the Board.
A waiver is not required to practice dental hygiene under general supervision in accordance with subsection (k) of this section.
The Board may grant a waiver under paragraph (2) of this subsection if:
The facility requesting the waiver has submitted a written application;
The facility requesting the waiver has submitted a medical emergency plan of action at the time of application; and
The Board finds that:
Good cause exists to justify the granting of the waiver;
Adequate facilities and equipment, including portable equipment where appropriate and appropriate armamentarium, are available for the appropriate delivery of dental hygiene services; and
Adequate safeguards are present to protect the patient’s health and safety.
The Board, upon written request or its own motion, may conduct a public informational meeting on any waiver application.
The Board shall maintain records of all waiver applications and the criteria and basis for its action on each application.
The Board shall have the power to inspect or review any facility, location, person, or entity applying for, covered by, or acting under a waiver.
Except as provided under subparagraph (ii) of this paragraph, the Board shall accept or deny a waiver under paragraph (2) of this subsection within 60 calendar days of the receipt of the application for the waiver or it shall be deemed to have been accepted.
If extraordinary circumstances exist, the Board shall accept or deny a waiver under paragraph (2) of this subsection within 90 calendar days of the receipt of the application for the waiver or it shall be deemed to have been accepted.
Any changes in the procedures or personnel of a facility with a waiver granted under this subsection shall be reported to the Board within 15 business days after the change.
While it is effective, a retired volunteer dental hygienist’s license or a volunteer dental hygienist’s license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene:
Only in a dental office, dental clinic, ambulatory care facility, or hospital;
Only for an entity providing medical care to the poor, elderly, or handicapped that is operated by:
The State or a local government;
A bona fide charitable organization; or
Any other entity authorized under regulations adopted by the Board;
If the dental hygienist signs a written statement agreeing to donate at least 100 hours of dental hygiene services without compensation in a facility that satisfies the requirements of items (1) and (2) of this subsection;
If the dental hygienist provides documentation as required by the Board which evidences that the licensee is covered by malpractice insurance; and
If the dental hygienist does not otherwise practice dental hygiene for profit in Maryland.
While it is effective, a temporary volunteer dental hygienist’s license issued under this title authorizes the licensee to practice dental hygiene:
Only in a temporary dental clinic providing medical care to the poor, elderly, or disabled that is operated by:
A bona fide charitable organization;
The State or a local government; or
A local health department;
If the dental hygienist holds a general license to practice dental hygiene in another state that permits clinical practice and the dental hygienist is not subject to clinical restrictions;
In addition to holding a general license to practice dental hygiene, if the dental hygienist:
Provides documentation as required by the Board which evidences that the dental hygienist passed the North East Regional Board Clinical Examination; or
Submits to the Board a notarized affidavit or other evidence satisfactory to the Board indicating that for the 3 years preceding application, the dental hygienist has actively engaged in practicing dental hygiene for at least 150 hours on average per year;
If the dental hygienist has fulfilled any requirements of the Board related to knowledge of the laws and regulations governing the practice of dental hygiene in the State;
If the dental hygienist provides a notarized affidavit to the Board agreeing to donate dental hygiene services without compensation for a temporary dental clinic that satisfies the requirements of subsection (i) of this section;
If the dental hygienist provides documentation as required by the Board evidencing that the dental hygienist is covered by malpractice insurance;
If the dental hygienist does not otherwise practice dental hygiene for profit in the State; and
If the dental hygienist provides verification of current cardiopulmonary resuscitation certification.
A dental hygienist who holds a temporary volunteer dental hygienist’s license may only provide services authorized under the Maryland Dentistry Act and the regulations adopted by the Board.
A dental hygienist who holds a temporary volunteer dental hygienist’s license may not:
Administer local anesthesia; or
Administer, maintain, or monitor nitrous oxide oxygen.
While it is effective, a temporary volunteer dental hygienist’s license issued under this title authorizes the licensee to practice dental hygiene under the general supervision of a dentist who:
Is on the premises;
Examines the patient at any time during the treatment; and
Is available for personal consultation while the services are being performed.
A dental hygienist may perform an assessment of dental needs and provide dental hygiene services prior to an examination by a supervising dentist.
This subsection may not be construed to:
Require a preliminary dental examination or treatment by a dental hygienist; or
Prohibit a supervising dentist from either examining a patient or providing treatment to a patient prior to treatment by a dental hygienist.
The Board may deny a temporary volunteer license to practice dental hygiene on the grounds provided under § 4–315 of this subtitle.
A temporary volunteer dental hygienist’s license issued to a dental hygienist under this section shall be issued for the duration of the temporary dental clinic only and may not be renewed.
The Board may issue a temporary volunteer dental hygienist’s license to a dental hygienist who previously held a temporary volunteer dental hygienist’s license if the dental hygienist applies for a new license and satisfies the requirements of this subtitle.
The Board may not require continuing education as a condition for the issuance of a temporary volunteer dental hygienist’s license.
While it is effective, a temporary dental clinic permit issued to a bona fide charitable organization under this title authorizes the permit holder to utilize holders of a temporary volunteer dentist’s license or a temporary volunteer dental hygienist’s license to provide dental services to the poor, elderly, or disabled at a temporary dental clinic that is operated by the bona fide charitable organization.
The Board shall issue a temporary dental clinic permit to a bona fide charitable organization that meets the requirements of this subsection.
A temporary dental clinic permit issued to a bona fide charitable organization under this title shall be issued for the duration of the dental clinic only and may not be renewed.
The Board may issue a temporary dental clinic permit to a bona fide charitable organization that previously held a temporary dental clinic permit if the bona fide charitable organization applies for a new permit and satisfies the requirements of this subtitle.
A bona fide charitable organization that conducts a temporary dental clinic under this title may not be construed to be practicing dentistry as defined in § 4–101 of this title.
The State, a local government, or a local health department that provides dental services to the poor, elderly, or disabled:
May not be required by the Board to seek authorization under this title to provide the services; and
Shall provide written notice to the Board of its intention to provide dental services to the poor, elderly, or disabled at least 60 days prior to the date the services are to be provided.
A holder of an out–of–state license to practice dentistry or dental hygiene who would like to provide dental services sponsored by the State, a local government, or a local health department shall obtain a temporary volunteer dentist’s license or temporary volunteer dental hygienist’s license as provided in this title before providing the dental services.
A holder of a temporary dental clinic permit shall have:
A medical emergency plan;
Adequate equipment, including portable equipment where appropriate, and appropriate armamentarium available for the appropriate delivery of dental services; and
Adequate safeguards to protect the health and safety of patients.
The Board may:
Enter and inspect a temporary dental clinic in order to carry out a duty under this title; and
Conduct an investigation of a temporary dental clinic or a holder of a temporary volunteer dentist’s license or a temporary volunteer dental hygienist’s license providing dental services at the temporary dental clinic.
While it is effective, a teacher’s license to practice dental hygiene issued under this title authorizes the licensee to:
Teach dental hygiene only at the institution named on the license; and
Practice dental hygiene under the general supervision of a licensed dentist with the institution named on the license.
In this subsection the following words have the meanings indicated.
“Contractual employee” means a dental hygienist who has an annual contract to practice dental hygiene an average of at least 8 hours per week in a facility specified under paragraph (3)(i) of this subsection.
“Facility” includes a program operated within a facility that is specified under paragraph (3)(i) of this subsection.
“Federally qualified health center” has the meaning stated in 42 U.S.C. § 254b(a).
“Federally qualified health center look–alike” has the meaning stated in 42 U.S.C. § 1396d(l)(2)(B).
“General 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.
While effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene and apply sealants or fluoride agents such as professional topical fluoride treatments, mouth rinse, or varnish:
Under general supervision in accordance with this subsection; and
In a facility specified under paragraph (3)(i) of this subsection that complies with the requirements of this subsection.
This subsection may not be construed to:
Authorize a dental hygienist to practice dental hygiene independent of a supervising dentist;
Prohibit a dentist from being available for personal consultation or on the premises where a dental hygienist is practicing; or
Require a waiver under subsection (f) of this section.
While it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene under general supervision in:
A dental facility owned and operated by the federal, the State, or a local government;
A public health department or public school of the State or a county;
A facility in which a program licensed by the Department is operating;
A facility owned and operated by the Department of Juvenile Services;
A facility owned and operated by the State or a local government that provides medical care to the poor, elderly, or handicapped;
A facility in which a federally qualified health center or a federally qualified health center look–alike is located; or
A facility in which a State licensed Head Start Program or Early Head Start Program operates.
Before a facility may allow a dental hygienist authorized to practice dental hygiene under general supervision in accordance with this subsection to practice in the facility, the facility shall report to the Board:
That the facility is operating under general supervision; and
The identity of each supervising dentist and each dental hygienist.
A facility in which a dental hygienist is authorized to practice under the general supervision of a licensed dentist in accordance with this subsection shall ensure that:
The supervising dentist for the facility:
Holds an active general license to practice dentistry in the State;
Holds a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation; and
Has at least 2 years of active clinical practice in direct patient care;
Each dental hygienist authorized to practice under the general supervision of a licensed dentist in accordance with this subsection:
Holds an active general license to practice dental hygiene in the State;
Holds a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation;
Has at least 2 years of active clinical practice in direct patient care; and
Is a permanent or contractual employee of the federal government, a state or local government, or a federally qualified health center;
The facility has:
A medical emergency plan;
Adequate equipment, including portable equipment where appropriate and appropriate armamentarium, available for the appropriate delivery of dental hygiene services; and
Adequate safeguards to protect the patient’s health and safety;
A recall patient who has been examined by a dental hygienist practicing under the general supervision of a licensed dentist will be scheduled for an oral examination every 6 months, or as otherwise recommended by the supervising dentist;
A dental hygienist practicing under the general supervision of a licensed dentist ascertains before treating a recall patient that there has been no change in the patient’s medical history;
A dental hygienist consults with the supervising dentist or the patient’s dentist and the treating physician, registered nurse practitioner, certified nurse midwife, or licensed certified midwife before proceeding with treatment if there is a change in the patient’s medical condition;
Adequate facilities and equipment are available for the delivery of dental hygiene services other than fluoride rinse programs; and
The facility reports to the Board any changes in the status of the facility’s general supervision, any supervising dentist, or any dental hygienist within 30 days after the change.
In this subsection, “private dental office” means a dental office owned and operated by:
A licensed dentist; or
A professional corporation, partnership, limited liability company, or limited liability partnership owned and controlled by a licensed dentist.
While it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene under the general supervision of a licensed dentist in a private dental office.
A private dental office in which a dental hygienist is authorized to practice under the general supervision of a licensed dentist shall ensure that:
The supervising dentist holds an active license to practice dentistry in this State;
The dental hygienist holds an active license to practice dental hygiene in this State;
The dental hygienist has at least 1,500 hours of dental hygiene clinical practice in direct patient care; and
There is a written agreement between the supervising dentist and the dental hygienist practicing under general supervision that clearly sets forth the terms and conditions under which the dental hygienist may practice, including a statement that the dental hygienist may provide dental hygiene services without the supervising dentist on the premises.
A dental hygienist may perform authorized dental hygiene services without the supervising dentist on the premises only if:
After the supervising dentist examines and evaluates a patient, the prescribed and authorized treatment to be provided by the dental hygienist is written in the patient’s records;
Treatments authorized by a supervising dentist to be provided by the dental hygienist are rendered no later than 7 months from the date the patient was examined and evaluated by the supervising dentist; and
Upon expiration of a prescription or prescribed treatment, the supervising dentist examines and reevaluates the patient before writing a new prescription and authorization for treatment;
Prior to an appointment, the patient or the custodial parent or legal guardian of a minor or incompetent adult shall:
Be informed that a dental hygienist will be providing services previously prescribed by a dentist who will not be on the premises during the appointment; and
Consent to receiving the dental hygiene services;
Written emergency procedures are in place and the dental hygienist is trained to implement the emergency procedures;
A designated licensed dentist is available for consultation with the dental hygienist; and
The number of unsupervised clinical hours worked by a supervised dental hygienist in any given 3–month period is less than 60 percent of the dental hygienist’s total hours worked during that 3–month period.
A supervising dentist may not employ more than two dental hygienists to work under the dentist’s general supervision at any given time.
In this subsection the following words have the meanings indicated.
“Assisted living program” has the meaning stated in § 19–1801 of the Health – General Article.
“Clinical office” means an office of a licensed physician, registered nurse practitioner, certified nurse midwife, or licensed certified midwife who provides prenatal, postpartum, or primary care and in which the supervising dentist and dental hygienist communicate with the licensed physician, certified registered nurse practitioner, certified nurse midwife, or licensed certified midwife in providing dental hygiene services to a patient.
“Facility” means:
A nursing home;
An assisted living program;
Clinical offices; or
A group home or adult day care center.
“General 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.
“Group home or adult day care center” means a group home or adult day care center where the patient’s medical records are made available to the dentist and the dental hygienist and that obtains the consent of the patient or the patient’s guardian for dental hygiene services to be provided under this subsection.
“Nursing home” has the meaning stated in § 19–1401 of the Health – General Article.
While it is effective, a general license to practice dental hygiene issued under this title authorizes the licensee to practice dental hygiene under the general supervision of a licensed dentist in a facility in accordance with this subsection.
This subsection may not be construed to:
Authorize a dental hygienist to practice dental hygiene independent of a supervising dentist;
Prohibit a dentist from being available for personal consultation or on the premises where a dental hygienist is practicing;
Prohibit a dental hygienist, without the supervision of a dentist, from performing a preliminary dental examination with subsequent referral to a dentist; or
Require a waiver under subsection (f) of this section.
Before a dental hygienist is authorized to practice dental hygiene under general supervision in a facility in accordance with this subsection, the dental hygienist shall:
Hold an active license to practice dental hygiene in the State;
Hold a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation;
Have at least 3,000 hours of active clinical practice in direct patient care; and
Ensure that the facility where the dental hygienist will practice under general supervision has:
A written medical emergency plan in place;
Adequate equipment, including portable equipment and appropriate armamentarium, available for the appropriate delivery of dental hygiene services, unless the dental hygienist provides the equipment described; and
Adequate safeguards to protect the patient’s health and safety.
Before a dental hygienist is authorized to practice dental hygiene under general supervision in a facility in accordance with this subsection, the supervising dentist shall:
Hold an active general license to practice dentistry in the State;
Hold a current certificate evidencing health provider level C proficiency, or its equivalent, in cardiopulmonary resuscitation;
Have at least 3,000 hours of active clinical practice in direct patient care; and
Have a written agreement between the supervising dentist and the dental hygienist that:
Clearly sets forth the terms and conditions under which the dental hygienist may practice, including a statement that the dental hygienist may provide dental hygiene services without the supervising dentist on the premises unless this title requires that a licensed dentist be on the premises in order for the service to be performed by the dental hygienist;
Indicates the population to be served;
States the method by which the services are to be provided and the procedures to be used by the supervising dentist to oversee and direct the dental hygienist; and
States the names and license numbers of the dentist and dental hygienist performing services under the written agreement.
A dental hygienist practicing under the general supervision of a licensed dentist in a facility and performing an authorized dental hygiene service for a patient’s initial appointment shall:
Ensure that, while the dental hygienist is performing the service, the supervising dentist is available for consultation with the dental hygienist:
In person;
By telephone; or
Electronically;
Consult with the supervising dentist and the treating physician, registered nurse practitioner, certified nurse midwife, or licensed certified midwife before proceeding with treatment if there is a change in or concerns about a patient’s medical condition;
Assess the appropriate recall interval based on the needs of the patient, or as otherwise recommended by the supervising dentist;
Limit dental hygiene tasks and procedures provided during the initial appointment to:
Toothbrush prophylaxis;
Application of fluoride;
Dental hygiene instruction;
Full mouth debridement;
Assessing the patient’s apparent need for further evaluation by a dentist in order to diagnose the presence of dental disease; and
Other duties as may be delegated, verbally or in writing, by the supervising dentist; and
Submit findings of the initial assessment to the supervising dentist for a collaborative determination of future treatment based on the patient’s overall health status.
A dental hygienist may perform subsequent authorized dental hygiene services following the initial appointment without the supervising dentist on the premises only if:
The supervising dentist:
Examines the patient and the patient’s charts and other dental records;
Authorizes in the patient’s record the scope of a prescription of specific treatment to be provided by the dental hygienist; and
Examines the patient at least once every 12 months, or more frequently as determined by the dentist;
An authorized treatment is provided by the dental hygienist as soon as possible, but no later than 7 months from the date the patient and the patient’s charts and other dental records were reviewed by the supervising dentist; and
On completion of the treatment prescribed following the initial appointment, the supervising dentist determines, in consultation with the dental hygienist, future protocols for the treatment of the patient.
While performing dental hygiene services for a patient under paragraph (6)(iii) of this subsection, a dental hygienist shall:
Assess with the supervising dentist the appropriate recall interval based on the needs of the patient;
Limit services to the preventive services authorized under the current scope of practice of a licensed dental hygienist except for those services for which the presence of a licensed dentist on the premises is required under this title; and
Report patient clinical findings to the supervising dentist and, with the supervising dentist, determine whether the patient should be referred for a follow–up examination or care by the supervising dentist.
In this section, “community–based health fair” means a health service event that offers primary health care services to an individual for free or using a sliding fee schedule that is sponsored by:
The federal, the State, or a local government;
A nonprofit organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; or
A nonprofit community organization that has the stated purpose of providing health services to the disadvantaged.
Notwithstanding any other provision of this title, a licensed dental hygienist, without the supervision of a dentist, may provide without compensation the following services at a community–based health fair:
A preliminary dental examination, including charting any cavities, restorations, or missing teeth;
Oral health education;
Taking blood pressure, pulse rate, respiration rate, height, and weight; and
Referrals to a dental home, including providing a patient with a list of clinical public health facilities.
The Board, in consultation with the Department’s Office of Oral Health, shall develop a standard form to be used by a dental hygienist who performs the services authorized under this section at a community–based health fair.
A dental hygienist who performs services in accordance with this section shall:
Fill out the form required under paragraph (1) of this subsection for each patient who received services from the dental hygienist; and
Submit the completed form to the Office of Oral Health.
Except as otherwise provided in this subsection, a license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.
Except as provided in § 4–303.1 of this subtitle, a limited license to practice dentistry expires on the first anniversary of its effective date.
A teacher’s license to practice dentistry or a teacher’s license to practice dental hygiene expires on the earlier of:
The date set by the Board, unless the license is renewed for an additional term as provided in this section; or
The date when the licensee ceases to be a full–time or part–time faculty member at the institution named on the license.
If a teacher’s license to practice dentistry expires because the licensee no longer is a full–time or part–time faculty member at the institution named on the license, the licensee shall surrender the license to the Board secretary within 30 days.
At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:
The date on which the current license expires;
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
The amount of the renewal fee.
A certificate expires on the date set by the Board, unless the certificate is renewed for an additional term as provided for by the Board.
At least 1 month before a certificate expires, the Board shall send to the expanded function dental assistant, by electronic means and first–class mail to the last known electronic or physical address of the dental assistant, a renewal notice that states the:
Date on which the current certificate expires;
Date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the certificate expires; and
Amount of the renewal fee.
The Board shall place the holder of a general license to practice dentistry or a general license to practice dental hygiene on inactive status and issue an inactive status registration certificate to the licensee, if the licensee:
Submits to the Board an application for inactive status on the form required by the Board; and
Pays to the Board the inactive status application fee set by the Board.
A licensee on inactive status may not practice dentistry or dental hygiene in this State.
The form provided by the Board for inactive status application or renewal shall require the individual to state:
Name;
Inactive status registration number, if any;
Degree;
School that awarded the degree;
Year of graduation;
Home address;
Principal office address;
Principal office telephone number; and
Whether or not the individual is in regular practice outside this State.
The Board shall waive the examination requirements of §§ 4-302 and 4-305 of this subtitle for:
A dentist on inactive status who applies for a general license to practice dentistry, if the dentist has practiced dentistry regularly in any other state within 3 years of applying for the license; or
A dental hygienist on inactive status who applies for a general license to practice dental hygiene, if the dental hygienist has practiced dental hygiene regularly in any other state within 3 years of applying for the license.
The Board may not issue a license if the criminal history record information required under § 4–302.2 of this subtitle has not been received.
The Board shall reinstate a general license to practice dentistry, a teacher’s license to practice dentistry, a general license to practice dental hygiene, or a teacher’s license to practice dental hygiene that is expired only if the licensee:
Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and
Pays to the Board a reinstatement fee set by the Board.
Beginning October 1, 2027, the Board shall require a criminal history records check in accordance with § 4–302.2 of this subtitle for:
License renewal applicants as determined by regulations adopted by the Board; and
Each former licensee who files for reinstatement after failing to renew a license.
The Board may not renew or reinstate a license if the criminal history record information required under § 4–302.2 of this subtitle has not been received.
The Board shall reinstate an expanded function dental assistant certificate that is expired only if the holder:
Subject to subsection (b) of this section, has completed the continuing education requirements set by rule and regulation of the Board;
Has submitted a renewal application to the Board before the deadline set by the Board; and
Pays to the Board a renewal fee set by the Board.
The Board shall adopt regulations requiring continuing education, including clinical hands–on training, for expanded function dental assistants to be offered by:
State–based dental professional societies affiliated with national dental organizations; and
Entities listed in § 4–302.1(e) of this subtitle.
Subject to the provisions of this section, the Board may issue a temporary license to practice dental hygiene to an applicant who:
Is licensed to practice dental hygiene in any other state or any province of Canada;
Meets any other qualifications that the Board establishes;
Submits to the Board an application on the form that the Board requires;
Has graduated from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation; and
Pays to the Board an application fee set by the Board.
While it is effective, a temporary license to practice dental hygiene authorizes the holder to practice dental hygiene subject to the same restrictions imposed on a holder of a general license to practice dental hygiene.
A temporary license to practice dental hygiene expires when licenses are issued to those who pass the first examination for a general license to practice dental hygiene given over 30 days after the effective date of the temporary license.
Each holder of a general license to practice dental hygiene, a teacher’s license to practice dental hygiene, or a temporary license to practice dental hygiene shall display the license and any current renewal certificate conspicuously in the office where the holder is engaged in practice.
Each holder of a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry shall keep the license and any current renewal certificate in the office where the holder is engaged in practice.
Each holder of a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry shall notify the secretary of the Board in writing within 60 days of any change of office address.
A licensee who fails to notify the secretary of the Board of any change of office address as provided in this subsection shall pay to the Board a late fee of $10.
If a dentist is engaged in the private practice of dentistry in this State, the dentist shall display the notice developed under § 1-207 of this article conspicuously in the office where the dentist is engaged in practice.
Each holder of a certificate to be an expanded function dental assistant shall keep the certificate, and any current renewal, in the office where the dental assistant is employed.
Unless the Board agrees to accept the surrender of a license, a holder of a general license, limited license, teacher’s license, or a temporary license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
Subject to the hearing provisions of § 4–318 of this subtitle, the Board may deny a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry to any applicant, reprimand any licensed dentist, place any licensed dentist on probation, or suspend or revoke the license of any licensed dentist, if the applicant or licensee:
Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
Fraudulently or deceptively uses a license;
Obtains a fee by fraud or attempts to obtain a fee by fraud;
Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
Provides professional services while:
Under the influence of alcohol; or
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
Practices dentistry in a professionally incompetent manner or in a grossly incompetent manner;
Has had a license to practice dentistry revoked or suspended in any other state;
Uses another person as an in–person solicitor of business;
Practices or offers to practice dentistry under a name other than that on the license;
Uses in connection with the practice of dentistry a business entity name or a trade name that is not authorized by law;
Permits an unauthorized individual to practice dentistry under the supervision of the applicant or licensee;
Permits a dental hygienist to practice dental hygiene:
In an unauthorized place; or
Without being supervised by a licensed dentist as required by § 4–308 of this subtitle;
Violates any restriction on advertising in § 4–503 of this title;
Suggests, requests, or in any way directs that a patient appear at a dental laboratory;
Violates any provision in Subtitle 4 of this title, which relates to work authorizations for dental laboratory work;
Behaves dishonorably or unprofessionally, or violates a professional code of ethics pertaining to the dentistry profession;
Is mentally or physically incompetent to practice dentistry;
Demonstrates a course of conduct of providing dental care that is inconsistent with generally accepted professional standards of care in the practice of dentistry, regardless of whether actual injury to the patient occurs;
Provides a dental service in a manner that is significantly inconsistent with generally accepted professional standards of care in the practice of dentistry, regardless of whether actual injury to the patient occurs;
Violates any rule or regulation adopted by the Board;
Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
Willfully makes or files a false report or record in the practice of dentistry;
Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
Knowingly submits to a third party any claim form, bill, or statement which contains any misleading, deceptive, false, incomplete, or fraudulent representation asserting a fee which is greater than the fee that the dentist usually accepts as payment in full for any given dental appliance, procedure, or service;
Abrogates or forgives the copayment provisions of any insurance policy, insurance contract, health prepayment contract, health care plan, or nonprofit health service plan contract by accepting the payment received from a third party as full payment, unless the dentist discloses to the third party that the patient’s payment portion will not be collected;
Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;
Except as provided in subsection (b) of this section, divides a fee with another dentist if the division is not in proportion to the services performed and the responsibility assumed by each dentist;
Fails to comply with the provisions of § 12–102 of this article;
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;
Fails to display the notice required under § 4–313(d) of this subtitle;
Fails to begin to fulfill a public service requirement within 1 year of when the assignment is to begin that was a condition of the applicant or licensee receiving State or federal loans or scholarships for the applicant’s or licensee’s dental education;
Fails to comply with any Board order;
Willfully and without legal justification, fails to cooperate with a lawful investigation conducted by the Board;
Fails to comply with § 1–223 of this article;
Fails to comply with the requirements of the Prescription Drug Monitoring Program in Title 21, Subtitle 2A of the Health – General Article;
Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this title;
Allows a dental assistant to assist in the practice of dentistry:
In an unauthorized manner in violation of this title or regulations adopted by the Board;
Without specifically instructing the certified dental assistant to perform an intraoral procedure that the certified dental assistant is authorized to perform; or
Failing to provide direct supervision of a dental assistant; or
Fails to submit to a criminal history records check in accordance with § 4–302.2 of this subtitle.
A dentist may divide a fee with another dentist who is a partner or an associate in the same dental practice if dividing the fee does not increase the fee for the service charged to the patient.
Subject to the hearing provisions of § 4–318 of this subtitle, the Board may deny a general license to practice dental hygiene, a teacher’s license to practice dental hygiene, or a temporary license to practice dental hygiene to any applicant, reprimand any licensed dental hygienist, place any licensed dental hygienist on probation, or suspend or revoke the license of any licensed dental hygienist, if the applicant or licensee:
Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
Fraudulently or deceptively uses a license;
Behaves unprofessionally or in a grossly immoral way, or violates a professional code of ethics pertaining to the dental hygiene profession;
Practices dental hygiene in an unauthorized place;
Practices dental hygiene in a professionally incompetent manner or in a grossly incompetent manner;
Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
Performs intraoral functions not authorized by statute or the rules and regulations of the Board;
Violates the requirements of § 4–313 of this subtitle that relate to display of licenses and renewal certificates;
Violates any rule or regulation adopted by the Board;
Is mentally or physically incompetent to practice dental hygiene;
Demonstrates a course of conduct of providing dental hygiene care that is inconsistent with generally accepted professional standards of care in the practice of dental hygiene, regardless of whether actual injury to the patient occurs;
Provides a dental hygiene service in a manner that is significantly inconsistent with generally accepted professional standards of care in the practice of dental hygiene, regardless of whether actual injury to the patient occurs;
Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
Provides professional services while:
Under the influence of alcohol; or
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
Willfully makes or files a false report or record in the practice of dental hygiene;
Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;
Fails to comply with any Board order;
Willfully and without legal justification, fails to cooperate with a lawful investigation conducted by the Board; or
Fails to submit to a criminal history records check in accordance with § 4–302.2 of this subtitle.
On its own initiative or on a written complaint filed with the Board by any person, the Board may commence proceedings under § 4-315 of this subtitle.
If a person who is not a member of the Board files a complaint, the complaint shall:
Be in writing;
Be verified by a person who is familiar with the alleged facts;
Request Board action; and
Be filed with the secretary of the Board.
The Board shall investigate each complaint filed with the Board if the complaint:
Alleges facts that are grounds for action under § 4-315 of this subtitle; and
Meets the requirements of this section.
If the Board begins action on its own initiative or if after investigation it elects to substitute its own complaint for one filed by a person who is not a member of the Board, the Board shall prepare a written complaint.
If, after performing any preliminary investigation, the Board determines that an allegation involving fees for professional or ancillary services does not constitute grounds for discipline or other action, the Board may refer the allegation concerning a member of a professional society or association composed of providers of dental care to a committee of the Society for Mediation.
If after a hearing under § 4-318 of this subtitle the Board finds that there are grounds under § 4-315 of this subtitle to suspend or revoke a general license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dentistry, or to reprimand a licensed dentist, the Board may impose a penalty not exceeding $5,000:
Instead of suspending the license; or
In addition to suspending or revoking the license or reprimanding the licensee.
The Board shall pay any penalty collected under this section into the General Fund of this State.
Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 4–315 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
In accordance with the State budget, the Board may authorize payment of fees and travel expenses of witnesses who testify in a proceeding under this section.
The individual may be represented at the hearing by counsel.
The Board may administer oaths and take depositions of witnesses in any proceeding under this section.
Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths to witnesses in connection with any investigation under this title and any hearings or proceedings before it.
The Board shall issue subpoenas on behalf of the individual if the individual requests in writing that the Board do so.
If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Except as provided in § 4–318.1 of this subtitle, the Board shall issue a final decision on an action within 120 days after the final day of a hearing.
If the Board does not issue a final decision within 120 days under paragraph (1) of this subsection, the individual who is the subject of the action may provide written notice to the Board that the individual has not received a final decision in accordance with paragraph (1) of this subsection.
If the Board does not issue a final decision on an action within 30 days after receiving a written notice under paragraph (2) of this subsection, the final decision shall be in favor of the individual who is the subject of the action.
The Board may order the summary suspension of a license if the Board determines there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare.
Except as provided in paragraph (3) of this subsection, based on information gathered during an investigation or otherwise provided to the Board, the Board shall issue a notice of intent to summarily suspend a license before executing an order of summary suspension that includes:
A proposed order of summary suspension, that is unexecuted and includes:
The statutory authority for the proposed action;
The factual allegations on which the Board has based its determination that there is a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare; and
Notice to the licensee of the right to request a full hearing on the merits of the summary suspension if the Board executes the proposed order of summary suspension; and
An order or a summons to appear before the Board to show cause why the Board should not execute the order of summary suspension that provides notice to the licensee of the consequences of failing to appear.
If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause as to why the respondent’s license should not be suspended before the Board executes the order of summary suspension.
The Board may order the summary suspension of a license without first issuing a notice of intent to summarily suspend a license or providing a licensee with an opportunity for a pre–deprivation hearing if:
The Board determines that the public health, safety, and welfare require the immediate suspension of the license without prior notice and an opportunity to be heard; and
The licensee is provided with an opportunity for a hearing before the Board at the Board’s next regularly scheduled meeting but not to exceed 30 days from the date of the licensee’s request.
The Board shall issue a final decision on a summary suspension within 60 days after the final day of an evidentiary hearing held under § 4–318 of this subtitle, if applicable.
If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, after the show cause hearing under subsection (b)(2) of this section, the Board may vote to:
Order a summary suspension;
Deny the summary suspension;
Enter into an order agreed on by the parties; or
Enter into any interim order warranted by the circumstances of the case, including an order to stay the summary suspension subject to specified conditions.
If the Board orders a summary suspension before a show cause hearing under subsection (b)(2) of this section, at the conclusion of a subsequent hearing, the Board may vote to:
Affirm its order of summary suspension;
Rescind the order for summary suspension;
Enter into an order agreed on by the parties; or
Enter into any interim order warranted by the circumstances of the case, including an order to stay the summary suspension subject to specified conditions.
Except as provided in this section for an action under § 4–315 of this subtitle, a person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
Any person aggrieved by a final decision of the Board under § 4–315 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
An action may be maintained in the name of this State or the Board to enjoin:
Unauthorized practice of dentistry or dental hygiene;
Conduct that is a ground for disciplinary action under § 4-315(a) of this subtitle;
Conduct that violates any prohibition in Subtitle 4 of this title, which relates to dental laboratory work; or
Conduct that violates the practice limitations of § 4-603 of this title.
An action under this section may be brought by:
The Board, in its own name;
The Attorney General, in the name of this State; or
A State’s Attorney, in the name of this State.
An action under this section shall be brought in the county where the defendant:
Resides; or
Engages in the acts sought to be enjoined.
Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of dentistry under § 4-601 of this title or disciplinary action under § 4-315 of this subtitle.
In addition to any other penalties or disciplinary actions authorized under this title, the Board may issue a cease and desist order for conduct that:
Is in violation of § 4–601 or § 4–602 of this title; or
Violates any prohibition in Subtitle 4 of this title that relates to dental laboratory work.