In this section the following words have the meanings indicated. “Dental review committee” means a committee or board that: Is within one of the categories described in subsection (b) of this section; and Performs any of the functions listed in subsection (c) of this section. “Provider of dental care” means any person who is licensed by law to provide dental care to individuals. For purposes of this section, a dental review committee is: A regulatory board or agency established by State or federal law to license, certify, or discipline any provider of dental care; A committee of the Maryland State Dental Association or any of its component societies, including a dentist rehabilitation committee as defined in § 4–501.1 of this subtitle; A committee of the Maryland Dental Society or any of its component societies; A committee of the Maryland Dental Hygienists’ Association, or any of its component societies, including a dental hygienist rehabilitation committee as defined in § 4–508 of this subtitle; A committee of any professional society or association composed of providers of dental care; A committee of the medical staff or other committee of a hospital or related institution, if the governing board of the hospital or related institution forms and approves the committee or approves the written bylaws under which the committee operates; Any person, including a professional standard review organization, that contracts with an agency of this State or of the federal government to perform any of the functions listed in subsection (c) of this section; or Any person that contracts with a provider of dental care to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the provider of dental care. For purposes of this section, a dental review committee: Evaluates and seeks to improve the quality of dental care provided by providers of dental care; Evaluates the need for and the level of performance of dental care provided by providers of dental care; Evaluates the qualifications, competence, and performance of providers of dental care; Evaluates and acts on matters that relate to the discipline of any provider of dental care; or Evaluates and provides assistance to any provider of dental care in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. Except as otherwise provided in this section, the proceedings, records, and files of a dental review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the dental review committee. Subsection (d) of this section does not apply to: A civil action brought by a party to the proceedings of the dental review committee who claims to be aggrieved by the decision of the dental review committee; or Any record or document that is considered by the dental review committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial. A person who acts in good faith and within the scope of jurisdiction of a dental review committee is not civilly liable for any action as a member of the dental review committee or for giving information to, participating in, or contributing to the function of the dental review committee.

In this section, “Dental Well–Being Committee” means the committee of the Maryland State Dental Association that evaluates and provides assistance to any provider of dental care in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. Subject to the provisions of paragraph (2) of this subsection, the Maryland State Dental Association shall appoint the members of the Dental Well–Being Committee. At least one member of the Dental Well–Being Committee shall be a member of the Maryland Dental Society. The Board shall fund the budget of the Dental Well–Being Committee as provided in § 4–207 of this title. The Legislative Auditor shall audit the accounts and transactions of the Dental Well–Being Committee as provided in § 2–1220 of the State Government Article.

In accordance with the federal Health Care Quality Improvement Act of 1986, the State elects not to be governed by the provisions of the Act that provide limitations on damages for suits brought under State law against dental review bodies and to individuals participating in professional peer review activities. For suits brought under State law, the State shall be governed by this title.

A licensed dentist may not advertise: To guarantee any dental work; Making an undifferentiated claim to do dental work painlessly; To do dental work in a superior manner; or Falsely or in a manner that tends to deceive or mislead the public. A licensed dentist may not: Use the designation “Dental Surgeon” on a sign that bears the name of the licensee; or Include a specialty designation in a card, letterhead, sign, telephone directory listing, or other printed matter that bears the name of the licensee, unless: The licensee is identified by the Board as a specialist in the designated field under § 4-504 of this subtitle; and The language used to refer to the specialty is approved by the Board. A licensed dentist may use the designations “Dr.”, “dentist”, “D.D.S.”, or “D.M.D.” on a sign that bears the licensee’s name. A person who is not a licensed dentist may not solicit or advertise to the general public in any manner that the person alters, constructs, duplicates, repairs, or supplies a dental appliance. A licensed dentist may use a trade name in connection with the practice of dentistry provided that: The use of the trade name is not deceptive or misleading; The advertisement in which the trade name appears includes the name of the licensed dentist or the name of the business entity providing the dental services being advertised as long as the advertisement includes the name of a licensed dentist; The name of the licensed dentist providing dental services shall appear on the billing invoices, and on the receipts if any are given to patients; and Treatment records are maintained that clearly identify the licensed dentist who has performed the dental service for any patient.

A licensed dentist may not represent to the public that the licensee is a specialist in any field of specialized dental practice unless identified as a specialist in that field by the Board. If a licensed dentist requests, the Board shall determine whether the licensee qualifies for Board identification as a specialist. The Board may approve any area of specialty recognized by the National Commission on Recognition of Dental Specialties and Certifying Boards or its successor organization. The Board shall adopt rules and regulations concerning application procedures, fees, and required qualifications for identification as a specialist. The qualifications required of applicants for Board identification as a specialist may include: The requirements established by various specialty certifying boards of the American Dental Association or specialty certifying boards recognized by the National Commission on Recognition of Dental Specialties and Certifying Boards; Education; Professional experience; and Whether, before July 1, 1979, the applicant represented to the public, in an ethical manner, that the applicant was a specialist. In approving additional specialties, the Board may consider those fields recognized and approved by the National Commission on Recognition of Dental Specialties and Certifying Boards. The Board is a depository for and the arbitrator of the specialty qualification standards of the National Commission on Recognition of Dental Specialties and Certifying Boards.

The Board of Dental Examiners shall: Define, for the purpose of this section, the terms “dental radiation technologist” and “practice dental radiation technology”; Adopt rules and regulations concerning qualifications, training, certification, monitoring of, and enforcement requirements for a dental radiation technologist; and Provide for a requirement to ensure competency in new safety and technological advances. The qualifications required of applicants for Board certification as a dental radiation technologist shall include requirements established by: The American Dental Association; or Any applicable federal standards for training and certification. Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual must be certified by the Board as a dental radiation technologist before a licensed dentist may employ the individual to practice dental radiation technology. Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual may not practice dental radiation technology unless certified by the Board. An applicant for a certificate to practice as a dental radiation technologist shall submit to a criminal history records check in accordance with § 4–302.2 of this subtitle. At least 1 month before a certificate expires, the Board shall send to each certificate holder, by electronic means or first–class mail to the last known electronic or physical address of the certificate holder, a renewal notice that states: The date on which the current certificate expires; The 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 The amount of the renewal fee. An individual may be simultaneously certified as a dental radiation technologist under this section and as an expanded function dental assistant. Beginning October 1, 2027, the Board shall require a criminal history records check in accordance with § 4–302.2 of this subtitle for: Certificate renewal applicants as determined by regulations adopted by the Board; and Each former certificate holder who files for reinstatement after failing to renew a certificate. The Board may not renew or reinstate a certificate if the criminal history record information required under § 4–302.2 of this subtitle has not been received.

A dental radiation technologist authorized to practice in another state shall be issued a certificate in this State if the applicant: Pays the application fee required by the Board; and Provides adequate evidence that the applicant: Meets the qualifications otherwise required under this title for a certification to practice dental radiation technology; Has satisfied the examination requirement for certification of another state that the Board determines is comparable to the examination requirement in this State; Is not being investigated by a disciplinary authority of another state, does not have charges pending against the applicant’s certification, and has not been disciplined by a disciplinary or certifying authority of another 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 title; and Has not previously failed an examination for certification as a dental radiation technologist in this State. If an applicant meets the requirements for certification under this section, the Board shall issue the certificate within 15 business days after receiving the completed application. The Board may adopt any regulations necessary to provide for the certification of individuals who apply for a certification to practice dental radiation therapy under this section.

When using radiation for the purposes of dental diagnosis a patient’s body shall be protected under the supervision of a licensed dentist. The State Board of Dental Examiners shall adopt rules and regulations of patient protection to be applied during the use of radiation.

A dentist who has successfully completed a physical evaluation program or course at an accredited hospital or teaching institution, who is qualified and identified by the Board as a specialist in oral surgery, and who admits to a hospital any patient without known medical problems, if the dentist is deemed by the hospital to be qualified to do so: May complete a hospital admission history and a physical examination of that patient; and Shall assess the medical risks of the proposed procedures to that patient.

In this section, “Dental Hygiene Well–Being Committee” means the committee of the Maryland Dental Hygienists’ Association that evaluates and provides assistance to any dental hygienist, dental radiation technologist, or dental assistant in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. The Maryland Dental Hygienists’ Association shall appoint the members of the Dental Hygiene Well–Being Committee. The Board shall fund the budget of the Dental Hygiene Well–Being Committee as provided in § 4–207 of this title. The Legislative Auditor shall audit the accounts and transactions of the Dental Hygiene Well–Being Committee as provided in § 2–1220 of the State Government Article. Except as otherwise provided in this subsection, the proceedings, records, and files of the Dental Hygiene Well–Being Committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the Dental Hygiene Well–Being Committee. Paragraph (1) of this subsection does not apply to any record or document that is considered by the Dental Hygiene Well–Being Committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. A person who acts in good faith and within the scope of jurisdiction of a Dental Hygiene Well–Being Committee is not civilly liable for any action as a member of the Dental Hygiene Well–Being Committee or for giving information to, participating in, or contributing to the function of the Well–Being Committee.

Any contractual provision that could be interpreted to limit, restrict, or prevent a dentist, dental hygienist, dental assistant, or other person from testifying or providing information to the Board, the General Assembly, or a court of competent jurisdiction concerning a potential violation of this title shall be void and unenforceable as contrary to the public policy of the State.