# COMAR Title 10 — Maryland Department of Health

## Subtitle 44 — Board of Dental Examiners

### Chapter 29 — Nominations and Balloting for Appointments to Board of Dental Examiners

**Authority:** Health Occupations Article, §4-202, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01 — .19 adopted as an emergency provision effective January 23, 2009 (36:4 Md. R. 345); emergency status extended to July 1, 2009 (36:10 Md. R. 715); emergency status expired

**Administrative History:** Regulations .01 — .16 adopted as an emergency provision effective April 6, 2010 (37:10 Md. R. 718); adopted permanently effective June 28, 2010 (37:13 Md. R. 852)

#### Regulation .01 Scope.

*COMAR 10.44.29.01*

In accordance with Health Occupations Article, §4-202, Annotated Code of Maryland, the Governor appoints the dentist and dental hygienist Board members, with the advice of the Secretary of Health, from a list of names submitted to the Governor by the Board. This chapter covers the nomination and balloting process that will result in that list of names. The process of choosing consumer Board members is not covered by this chapter.

#### Regulation .02 Definitions.

*COMAR 10.44.29.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Board” means the Maryland State Board of Dental Examiners.

  (2) Dental Hygienist.

    (a) “Dental hygienist” means an individual who, on the date of the mailing of the Board's notice referred to in Regulation .04B(1) of this chapter, holds a current Maryland:

      (i) General license to practice dental hygiene;

      (ii) Teacher's license to practice dental hygiene;

      (iii) Retired volunteer license to practice dental hygiene;

      (iv) Volunteer license to practice dental hygiene; or

      (v) Temporary license to practice dental hygiene.

    (b) “Dental hygienist” does not include an individual who holds a dental hygienist inactive status registration certificate.

  (3) Dentist.

    (a) “Dentist” means an individual who, on the date of the mailing of the Board's notice referred to in Regulation .03B(1) of this chapter, holds a current Maryland:

      (i) General license to practice dentistry;

      (ii) Limited license to practice dentistry;

      (iii) Teacher's license to practice dentistry;

      (iv) Retired volunteer license to practice dentistry; or

      (v) Volunteer license to practice dentistry.

    (b) “Dentist” does not include an individual who holds a dentist inactive status registration certificate.

  (4) “Electronic mail (e-mail)” means a message sent or received electronically over a computer network.

  (5) “State dental hygienist organization affiliated with a national organization” means:

    (a) An affiliation of dental hygienists who have current membership in a common and distinct Maryland dental hygienist organization or association that is committed to serving generally accepted interests in dental hygiene;

    (b) An affiliation that is formed pursuant to the laws of Maryland; and

    (c) A constituent organization of a national dental hygienist organization that is:

      (i) Committed to serving generally accepted interests in dental hygiene; and

      (ii) Formed pursuant to the laws of the state in which it was formed.

  (6) “State dental organization affiliated with a national organization” means:

    (a) An affiliation of dentists who have current membership in a common and distinct Maryland dental organization or association that is committed to serving generally accepted interests in dentistry;

    (b) An affiliation that is formed pursuant to the laws of Maryland; and

    (c) A constituent organization of a national dental organization which is:

      (i) Committed to serving generally accepted interests in dentistry; and

      (ii) Formed pursuant to the laws of the state in which it was formed.

#### Regulation .03 Notice to Fill Vacancies for Dentist Board Members.

*COMAR 10.44.29.03*

A. General. If there are one or more dentist vacancies on the Board, the Board shall hold an annual election to elect nominees to fill the dentist vacancies.

B. Notice.

  (1) The Board shall send notice of the election referred to in §A of this regulation by regular mail to:

    (a) Each dentist to the last known address on file with the Board; and

    (b) Each properly registered State dental organization affiliated with a national organization, to the address known to the Board.

  (2) The notice referred to in §B(1) of this regulation shall:

    (a) Advise the recipient of the:

      (i) Number of vacancies that exist on the Board; and

      (ii) Terms of office for each vacancy;

    (b) Solicit nominations for each vacancy;

    (c) State that a nomination petition form may be requested from the Board;

    (d) State the date by which the completed nomination petition form shall be returned to the Board;

    (e) State that a dentist may vote for a single candidate in the election;

    (f) State the dates at which time voting by e-mail shall be permitted;

    (g) State that in lieu of an e-mail ballot a dentist may request a paper ballot from the Board which shall be completed and submitted by a certain date; and

    (h) Advise the recipient that the results of the balloting will be posted on the Board's website.

C. In addition to the notice mailed by regular mail described in §B of this regulation, the Board or its designee may send an e-mail notice of the election to each dentist to the last known e-mail address on file with the Board.

D. The e-mail notice described in §C of this regulation shall contain the information described in §B(2) of this regulation.

E. Nominations — Criteria.

  (1) Candidates.

    (a) A candidate's name may appear on the ballot only once.

    (b) A State dental organization affiliated with a national organization shall only nominate a candidate who is a member of the organization.

  (2) Dentist.

    (a) A dentist may not nominate more than one candidate.

    (b) A dentist may be both a petitioner and a candidate.

    (c) A dentist who is a petitioner but not a candidate is counted as one of the ten dentists who support the nomination.

    (d) A dentist who is a petitioner and a candidate is not counted as one of the ten dentists who support the nomination.

  (3) Dentist and a State Dental Organization Affiliated with a National Organization.

    (a) A dentist and a State dental organization affiliated with a national organization may nominate a candidate to fill a dentist vacancy on the Board.

    (b) A dentist or a State dental organization affiliated with a national organization may not nominate more than one candidate.

    (c) If a dentist or a State dental organization affiliated with a national organization nominates more than one candidate, each Board-approved nomination petition form submitted by the dentist or State dental organization affiliated with a national organization is invalid.

F. Nomination Petition Form. The Board-approved nomination petition form referred to in §B(2)(c) of this regulation shall:

  (1) Include:

    (a) The candidate's name;

    (b) The candidate's address on file with the Board;

    (c) The candidate's license number on file with the Board;

    (d) The names of the petitioners; and

    (e) The license numbers of the petitioners on file with the Board;

  (2) Be signed:

    (a) By the candidate;

    (b) By the petitioner;

    (c) If the petitioner is a State dental organization affiliated with a national organization, by its:

      (i) President;

      (ii) Executive director; or

      (iii) Administrator; and

    (d) By ten dentists who support the nomination; and

  (3) Include on separate pages, not greater than 8-1/2 inches wide by 11 inches in length, and not exceeding two pages of 12-point type:

    (a) The candidate's biographical information;

    (b) The candidate's resume; or

    (c) The candidate's curriculum vitae.

G. Board-approved nomination petition forms for dentists and for State dental organizations affiliated with a national organization shall be available from the Board upon request.

H. Filing of Nomination Petition Form.

  (1) The petitioner shall deliver the original nomination petition form and supporting documents to the offices of the Board:

    (a) On or before the date specified in the Board's notice; and

    (b) During normal business hours.

  (2) The Board may not accept the filing of any document by:

    (a) Electronic facsimile transmittal; or

    (b) E-mail.

  (3) A nomination petition form is invalid if:

    (a) It is received by the Board after the date specified in the Board's notice, regardless of the date of postmark; or

    (b) It does not otherwise meet the requirements of this chapter.

I. A State dental organization affiliated with a national organization shall be properly registered with the Board to nominate a candidate.

J. Posting of Candidates.

  (1) The Board shall post the names and the biographical information, resumes, or curriculum vitae of the candidates on its website.

  (2) Biographical information, resumes, or curriculum vitae that do not meet the requirements of §F(3) of this regulation may not be posted on the Board's website.

#### Regulation .04 Notice to Fill Vacancies for Dental Hygienist Board Members.

*COMAR 10.44.29.04*

A. General. If there are one or more dental hygienist vacancies on the Board, the Board shall hold an annual election to elect nominees to fill the dental hygienist vacancies.

B. Notice.

  (1) The Board shall send notice of the election referred to in §A of this regulation by regular mail to:

    (a) Each dental hygienist to the last known address on file with the Board; and

    (b) Each properly registered State dental hygienist organization affiliated with a national organization, to the address known to the Board.

  (2) The notice referred to in §B(1) of this regulation shall:

    (a) Advise the recipient of the:

      (i) Number of vacancies that exist on the Board; and

      (ii) Terms of office for each vacancy;

    (b) Solicit nominations for each vacancy;

    (c) State that a nomination petition form may be requested from the Board;

    (d) State the date by which the completed nomination petition form shall be returned to the Board;

    (e) State that a dental hygienist may vote for a single candidate in the election;

    (f) State the dates at which time voting by e-mail shall be permitted;

    (g) State that in lieu of an e-mail ballot a dental hygienist may request a paper ballot from the Board which shall be completed and submitted by a certain date; and

    (h) Advise the recipient that the results of the balloting will be posted on the Board's website.

C. In addition to the notice mailed by regular mail described in §B of this regulation, the Board or its designee may send an e-mail notice of the election to each dental hygienist to the last known e-mail address on file with the Board.

D. The e-mail notice described in §C of this regulation shall contain the information described in §B(2) of this regulation.

E. Nominations-Criteria.

  (1) Candidates.

    (a) A candidate's name may appear on the ballot only once.

    (b) A State dental hygienist organization affiliated with a national organization shall only nominate a candidate who is a member of the organization.

  (2) Dental Hygienist.

    (a) A dental hygienist may not nominate more than one candidate.

    (b) A dental hygienist may be both a petitioner and a candidate.

    (c) A dental hygienist who is a petitioner but not a candidate is counted as one of the ten dental hygienists who support the nomination.

    (d) A dental hygienist who is a petitioner and a candidate is not counted as one of the ten dental hygienists who support the nomination.

  (3) Dental Hygienists and a State Dental Hygienist Organization Affiliated with a National Organization.

    (a) A dental hygienist and a State dental hygienist organization affiliated with a national organization may nominate a candidate to fill a dental hygienist vacancy on the Board.

    (b) A dental hygienist or a State dental hygienist organization affiliated with a national organization may not nominate more than one candidate.

    (c) If a dental hygienist or State dental hygienist organization affiliated with a national organization nominates more than one candidate, each Board-approved nomination petition form submitted by the dental hygienist or State dental hygienist organization affiliated with a national organization is invalid.

F. Nomination Petition Form. The Board-approved nomination petition form referred to in §B(2)(d) of this regulation shall:

  (1) Include:

    (a) The candidate's name;

    (b) The candidate's address on file with the Board;

    (c) The candidate's license number on file with the Board;

    (d) The names of the petitioners; and

    (e) The license numbers of the petitioners on file with the Board;

  (2) Be signed:

    (a) By the candidate;

    (b) By the petitioner;

    (c) If the petitioner is a State dental hygienist organization affiliated with a national organization, by its:

      (i) President;

      (ii) Executive director; or

      (iii) Administrator; and

    (d) By ten dental hygienists who support the nomination; and

  (3) Include on separate pages, not greater than 8-1/2 inches wide by 11 inches in length, and not exceeding two pages of 12-point type:

    (a) The candidate's biographical information;

    (b) The candidate's resume; or

    (c) The candidate's curriculum vitae.

G. Board-approved nomination petition forms for dental hygienists and dental hygienist organizations affiliated with a national organization shall be available from the Board upon request.

H. Filing of Nomination Petition Form.

  (1) The petitioner shall deliver the original nomination petition form and supporting documents to the offices of the Board:

    (a) On or before the date specified in the notice; and

    (b) During normal business hours.

  (2) The Board may not accept the filing of any document by:

    (a) Electronic facsimile transmittal; or

    (b) E-mail.

  (3) A nomination petition form is invalid if:

    (a) It is received by the Board after the date specified in the Board's notice, regardless of the date of postmark; or

    (b) It does not otherwise meet the requirements of this chapter.

I. A State dental hygienist organization affiliated with a national organization shall be properly registered with the Board to nominate a candidate.

J. Posting of Candidates.

  (1) The Board shall post the names and the biographical information, resumes, or curriculum vitae of the candidates on its website.

  (2) Biographical information, resumes, or curriculum vitae that do not meet the requirements of §F(3) of this regulation may not be posted on the Board's website.

#### Regulation .05 Registration of Organizations.

*COMAR 10.44.29.05*

A. A State dental organization affiliated with a national organization or a State dental hygienist organization affiliated with a national organization that wishes to nominate candidates for membership on the Board shall register with the Board on a form approved by the Board.

B. Registration Form.

  (1) A registration form shall include:

    (a) A current Certificate of Status issued by the State Department of Assessments and Taxation;

    (b) A certified copy of the State dental organization's or the State dental hygienist organization's bylaws;

    (c) A certified copy of the national organization's bylaws; and

    (d) Proof that the State dental organization or the State dental hygienist organization is a constituent organization of the national organization.

  (2) A completed registration form shall be delivered to the offices of the Board:

    (a) On or before the date specified in the Board's notice; and

    (b) During normal business hours.

  (3) A completed registration form is invalid if:

    (a) It is received by the Board after the date specified in the Board's notice, regardless of the date of postmark;

    (b) It is incomplete; or

    (c) It does not meet the requirements of this regulation.

  (4) Registration forms from a State dental organization affiliated with a national organization or a State dental hygienist organization affiliated with a national organization shall:

    (a) Be signed by its:

      (i) President;

      (ii) Executive director; or

      (iii) Administrator; and

    (b) Contain an affidavit from its president, executive director, or administrator that states: “I solemnly affirm under penalties of perjury and upon personal knowledge that the contents of the foregoing paper and all attachments are true.”

  (5) If a registration form does not meet the requirements of this chapter, the Board shall:

    (a) Return the form to the organization by regular mail; and

    (b) State the reason for the return.

  (6) There is no registration fee for submitting a registration form.

C. A registrant is not required to reregister for subsequent elections.

D. A registration form may be obtained:

  (1) By contacting the Board; or

  (2) From the Board's website.

E. A State dental organization affiliated with a national organization and a State dental hygienist organization affiliated with a national organization shall notify the Board in writing of any change of address or telephone number.

#### Regulation .06 Resignation; Death.

*COMAR 10.44.29.06*

A special election may not be held for a dentist or a dental hygienist who:

A. Resigns from the Board; or

B. Dies while a Board member.

#### Regulation .07 Qualifications.

*COMAR 10.44.29.07*

A. Dentist.

  (1) Each dentist Board member shall:

    (a) Be an individual of recognized ability and honor;

    (b) Be a practicing holder of a general license to practice dentistry who has practiced dentistry actively in this State for at least 5 years immediately before appointment; and

    (c) Be a resident of this State.

  (2) In the case of a Board member belonging to an association whose members are regulated by the Board, the dentist may not be:

    (a) An officer of the association;

    (b) A member of the association's governing board or committee;

    (c) A member of the association's house of delegates; or

    (d) A voting member of a committee of the association that contributes to the establishment of governmental, regulatory, or legislative policy objectives of the association.

B. Dental Hygienist.

  (1) Each dental hygienist Board member shall:

    (a) Be a practicing holder of a general license to practice dental hygiene who has practiced dental hygiene actively in this State for at least 3 years immediately before appointment; and

    (b) Be a resident of this State.

  (2) In the case of a Board member belonging to an association whose members are regulated by the Board, the dental hygienist may not be:

    (a) An officer of the association;

    (b) A member of the association's governing board or committee;

    (c) A member of the association's house of delegates; or

    (d) A voting member of a committee of the association that contributes to the establishment of governmental, regulatory, or legislative policy objectives of the association.

C. The Board shall disqualify any candidate that does not meet the qualifications of this regulation.

#### Regulation .08 Election Judge.

*COMAR 10.44.29.08*

A. One of the following individuals shall be the Election Judge in the order indicated:

  (1) The Board's President unless the President is:

    (a) Absent; or

    (b) Eligible for and seeks reappointment;

  (2) The Board's President-Elect unless the President-Elect is:

    (a) Absent; or

    (b) Eligible for and seeks reappointment;

  (3) The Board's Secretary-Treasurer unless the Secretary-Treasurer is:

    (a) Absent; or

    (b) Eligible for and seeks reappointment;

  (4) The member of the Board who has received either a dental license or a dental hygiene license in this State before any other Board member;

  (5) The member of the Board who has been appointed to the Board longer than any other Board member; or

  (6) The oldest member of the Board.

B. A consumer member of the Board is not eligible to be the presiding chair under §A(5) and (6) of this regulation.

#### Regulation .09 Balloting.

*COMAR 10.44.29.09*

A. Balloting shall be by either:

  (1) Electronic mail (e-mail); or

  (2) Paper ballot.

B. A dentist may cast a single vote for a qualified candidate.

C. A dental hygienist may cast a single vote for a qualified candidate.

D. A  dentist or a dental hygienist who was not mailed a written solicitation for nominations and notice of the election, or who was not mailed an e-mail solicitation to vote but is otherwise qualified to vote at the time of the election shall be permitted to vote during the election.

E. Voting Procedures.

  (1) Voting shall be performed by e-mail ballot or paper ballot during a time specified by the Board.

  (2) Eligible voters with e-mail addresses on file with the Board shall be provided with an e-mail ballot.

  (3) The Board shall make a paper ballot available to eligible voters upon request.

  (4) Notwithstanding its postmark the paper ballot must be completed, signed, and received by the Board during a time specified by the Board.

  (5) There shall be no absentee ballots.

F. An election may be held for one or more vacancies after the vacancy or vacancies have occurred.

#### Regulation .10 Tallying of Ballots.

*COMAR 10.44.29.10*

A. Ballots shall be tallied by either:

  (1) The Board; or

  (2) A designee of the Board.

B. Ballots may be tallied electronically, manually, or a combination thereof.

C. In the event that the Board tallies the ballots for the dentist's election, the Executive Director shall tally the ballots in the presence of:

  (1) The President of the Board;

  (2) A dental hygienist member of the Board;

  (3) A consumer member of the Board; and

  (4) Representatives from State dental organizations affiliated with a national organization that are properly registered with the Board.

D. In the event that the Board tallies the ballots for the dental hygienist's election, the Executive Director shall tally the ballots in the presence of:

  (1) The President of the Board;

  (2) A dentist member of the Board;

  (3) A consumer member of the Board; and

  (4) Representatives from State dental hygienist organizations affiliated with a national organization that are properly registered with the Board.

E. Disqualified Ballots. The Board shall disqualify:

  (1) The ballot of any dentist or dental hygienist who was not qualified to vote;

  (2) The ballot for any dentist or dental hygienist who was not a qualified candidate;

  (3) A ballot received after its due date;

  (4) All ballots of a dentist or dental hygienist who attempts to vote more than once; or

  (5) Any ballot that does not otherwise meet the requirements of this chapter.

F. The Board shall disqualify the nomination of any candidate who was not a qualified candidate.

G. The Board shall retain possession of the results of the balloting and any paper ballots for at least 3 years.

H. The Board shall post the results of the balloting on its website.

#### Regulation .11 Aggrieved Dentist or Dental Hygienist.

*COMAR 10.44.29.11*

A. Grievance.

  (1) A dentist nominee or a dental hygienist nominee aggrieved by the election process shall submit a grievance in writing by hand delivery to the offices of the Board within 5 days of the alleged occurrence.

  (2) The grievance shall contain all relevant facts of alleged impropriety and have attached all relevant documents.

  (3) The grievance shall be signed by the grievant, dated, and contain an affidavit from the grievant that states: “I solemnly affirm under penalties of perjury and upon personal knowledge that the contents of the foregoing paper and all attachments, if any, are true.”

B. The Board shall provide the presiding officer and members of the Board with a copy of the grievance within 3 business days of its receipt.

C. The election judge or the election judge's designee shall investigate the allegations.

D. Decision.

  (1) The election judge shall make a decision regarding the grievance.

  (2) The decision of the election judge shall be:

    (a) In writing;

    (b) Mailed to the grievant by first class mail postage prepaid; and

    (c) Delivered to the members of the Board for the Board's review.

#### Regulation .12 Election Judge and Board's Review of Grievance.

*COMAR 10.44.29.12*

A. The election judge shall have the responsibility and authority to resolve any matters in dispute regarding the election process.

B. Except for §C of this regulation, the determination of the election judge shall be final.

C. The decision of the election judge may be reversed or modified by a 75 percent or more vote of a quorum of the Board.

#### Regulation .13 Names of Nominees Submitted to the Governor.

*COMAR 10.44.29.13*

A. The Board shall submit the result of the balloting to the Governor in a list of names in  descending order indicating the number of votes received by each candidate.

B. For dentists, the number of names on the list for each vacancy shall be as follows:

  (1) One vacancy-at least four names;

  (2) Two vacancies-at least three names for each vacancy; and

  (3) Three or more vacancies-at least two names for each vacancy.

C. For dental hygienists, the number of names on the list shall be 4 times the number of vacancies.

D. A tie vote shall be reported as a tie vote.

E. The inability to provide the number of names requested in §B of this regulation does not invalidate:

  (1) The election; or

  (2) The Governor's appointments.

#### Regulation .14 Disclosure to the Public.

*COMAR 10.44.29.14*

The names of the individuals who are nominees may not be disclosed to the public until the names are posted on the Board's website.

#### Regulation .15 Violations.

*COMAR 10.44.29.15*

A. Substantial Violations.

  (1) The election judge may determine that a substantial violation or violations of this chapter have occurred.

  (2) In the event of a substantial violation of this chapter, the election judge may, in the judge's discretion and subject to Regulation .12C of this chapter, declare the election invalid.

B. Nonsubstantial Violations. A violation of this chapter that is determined by the election judge not to be substantial shall not invalidate the election process.

#### Regulation .16 Invalid Elections.

*COMAR 10.44.29.16*

A. Dentist.

  (1) If an election for a dentist board member is declared invalid by the election judge, the Board shall notify by regular mail or by e-mail:

    (a) Each dentist; and

    (b) Each State dental organization affiliated with a national organization.

  (2) The notice referred to in §A(1) of this regulation shall state:

    (a) The reason that the election has been declared invalid;

    (b) The date, time, and location of the new election;

    (c) Whether it is necessary to solicit nominations for the new election; and

    (d) Any other information the Board finds necessary to ensure that the subsequent election is properly conducted.

B. Dental Hygienist.

  (1) If an election for a dental hygienist board member is declared invalid by the election judge, the Board shall notify by regular mail or by e-mail:

    (a) Each dental hygienist; and

    (b) Each State dental hygienist organization affiliated with a national organization.

  (2) The notice referred to in §B(1) of this regulation shall state:

    (a) The reason that the election has been declared invalid;

    (b) The date, time, and location of the new election;

    (c) Whether it is necessary to solicit nominations for the new election; and

    (d) Any other information the Board finds necessary to ensure that the subsequent election is properly conducted.