# COMAR Title 10 — Maryland Department of Health

## Subtitle 44 — Board of Dental Examiners

### Chapter 01 — Dental Assistants

#### Regulation .02 Exceptions.

*COMAR 10.44.01.02*

A. Notwithstanding any other provisions of this chapter, a dental assistant may provide the following dental assisting duties under the general supervision of a dentist for a dental sealant program:

  (1) Instructing on oral hygiene;

  (2) Cleaning and disinfecting environmental surfaces and equipment;

  (3) Preparing materials for the application of sealants;

  (4) Retracting lips, cheek, and tongue;

  (5) Placing and removing materials for the isolation of the dentition, if the material is not retained by the dentition;

  (6) Transferring instruments and sealants to a dentist or dental hygienist;

  (7) Rinsing and aspirating of the oral cavity; and

  (8) Sterilizing instruments.

B. Under general supervision of a dentist, a dental assistant may only perform the duties enumerated in §A of this regulation:

  (1) For a facility that has been granted a waiver of on-site supervision for a dental hygienist under COMAR 10.44.21; and

  (2) While assisting a dental hygienist who has received a waiver of on-site supervision under COMAR 10.44.21.

C. A dental assistant who provides dental assistant duties under this regulation shall maintain cardiopulmonary resuscitation certification from one of the following programs:

  (1) The American Heart Association's Basic Life Support for Healthcare Providers;

  (2) The American Red Cross's Cardiopulmonary Resuscitation for Professional Rescuers; or

  (3) An equivalent program approved by the Board.

D. A dental assistant who provides dental assistant duties under this regulation shall have at least 400 hours of dental assisting clinical practice in direct patient care.

E. A dental assistant who provides dental assistant duties under this regulation shall successfully complete a Board-approved course of at least 2 hours in infection control with OSHA protocol if the dental assistant is not:

  (1) Certified by the Dental Assisting National Board as qualified in general duties and recognized by the Dental Board as qualified in general duties;

  (2) Certified by the Dental Assisting National Board as qualified in orthodontics and recognized by the Dental Board as qualified in orthodontics; or

  (3) Certified by the Dental Assisting National Board as a certified dental assistant or certified orthodontic assistant.

F. A facility that uses a dental assistant to provide dental assistant duties under this regulation shall ensure that there is a written agreement between the supervising dentist and the dental assistant practicing under general supervision that clearly sets forth the terms and conditions under which the dental assistant may practice, including a statement that the dental assistant may provide dental assistant duties without the supervising dentist on the premises.

G. Each facility that uses the services of a dental assistant to provide dental assistant duties under this regulation shall maintain for 5 years for inspection by the Board:

  (1) The name of the dentist providing general supervision to the dental assistant;

  (2) The name and current address of the dental assistant;

  (3) The name and address of each institution where the dental assistant provided dental assistant duties; and

  (4) The date the dental assistant provided dental assistant duties.

H. This regulation does not affect the duties a dental assistant may lawfully perform under the direct supervision of a dentist under this chapter.

I. A violation of this regulation may result in:

  (1) Revocation of the facility's right to operate under a waiver of on-site supervision for dental hygienists; or

  (2) Revocation of the facility's right to utilize the services of a dental assistant under this regulation.

J. Penalties.

  (1) For violations of this regulation, a dentist or dental assistant is subject to the penalties contained in Regulation .08 of this chapter.

  (2) A dental hygienist who uses the services of a dental assistant who is not qualified or for purposes other than what are permitted under this regulation may be found guilty of:

    (a) Unprofessional conduct under Health Occupations Article, §4-315(b)(3), Annotated Code of Maryland; or

    (b) Violating any rule or regulation adopted by the Board under Health Occupations Article, §4-315(b)(9), Annotated Code of Maryland.