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<regulation prefix="Regulation" num=".05" citation="COMAR 10.44.21.05" title_num="10" subtitle_num="44" chapter_num="21" heading="Waiver of On-Site Supervision by Application to the Board.">
  <paragraph num="A.">
    <text>With the exception of those facilities identified in Regulations .09A and .10 of this chapter, the Board may grant on a case-by-case basis a waiver of on-site supervision qualifying a facility to permit the practice of dental hygiene under general supervision, after the facility has made application to the Board, if the facility is a health facility that is licensed by the Maryland Department of Health and:</text>
    <paragraph num="(1)">
      <text>Provides medical care to the poor, elderly, or handicapped;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is owned or operated by a charitable institution;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is a federal-qualified or State-qualified community health care program; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Is a setting otherwise authorized by the Board to provide dental hygiene services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The facility shall include in the application for a waiver of on-site supervision the following:</text>
    <paragraph num="(1)">
      <text>The name of the facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The location of the facility;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The name and signature of each supervising dentist responsible for carrying out the requirements necessary for the facility to operate under a waiver of on-site supervision affirming that the dentist understands and accepts those responsibilities;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The name and signature of each dental hygienist who will provide dental hygiene services at the facility under a waiver of on-site supervision affirming that the dental hygienist understands and accepts the terms of the waiver of on-site supervision;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The supervisory responsibilities of the supervising dentist or dentists;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A description of the program and how the program will operate and be administered;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A description of a medical emergency plan of action; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A description of the facility that demonstrates that it has adequate equipment for the delivery of dental hygiene services, unless the dental hygiene services that are provided are limited to fluoride rinse programs.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Board shall grant or deny an application for waiver of on-site supervision:</text>
    <paragraph num="(1)">
      <text>Within 60 calendar days after receipt of the application by the Board; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 90 calendar days after receipt of the application by the Board, if the Board notifies the applicant that extraordinary circumstances exist.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If the Board fails to grant or deny an application within the appropriate time, the Board shall consider the application granted.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Board may, on written request or its own motion, conduct a public informational hearing on the granting or denial of a waiver of on-site supervision.</text>
  </paragraph>
</regulation>