Chapter 33. Temporary Licenses for Volunteer Dentists and Dental Hygienists and Temporary Dental Clinic Permits
Regulation .01 Scope.LinkCopy Citation
This chapter establishes the requirements for the issuance of:
A.
A temporary volunteer dentist’s license to practice dentistry;
B.
A temporary volunteer dental hygienist’s license to practice dental hygiene; and
C.
A temporary dental clinic permit.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Board” means the Maryland State Board of Dental Examiners.
(2)
“Temporary dental clinic” means a dental clinic of a specific limited duration at which a bona fide charitable organization provides dental services to the poor, elderly, or disabled.
(3)
“Temporary dental clinic permit” means a temporary permit issued by the Board to a bona fide charitable organization to provide dental services to the poor, elderly, or disabled at a temporary dental clinic.
(4)
“Temporary volunteer dental hygienist’s license” means a temporary license issued by the Board to a dental hygienist who:
(a)
Holds an active general license to practice clinical dental hygiene in another state; and
(b)
Otherwise meets the requirements of this chapter to obtain a temporary volunteer dental hygienist’s license.
(5)
“Temporary volunteer dentist’s license” means a temporary license issued by the Board to a dentist who:
(a)
Holds an active general license to practice clinical dentistry in another state; and
(b)
Otherwise meets the requirements of this chapter to obtain a temporary volunteer dentist’s license.
Regulation .03 Temporary Volunteer Dentist’s License.LinkCopy Citation
A.
License Required. A dentist who holds a general license to practice dentistry in another state may practice dentistry at a temporary dental clinic or for a government entity only after receiving a temporary volunteer dentist’s license to practice dentistry as provided in this chapter.
B.
Qualifications for Out-of-State Dentists.
(1)
The Board shall issue a temporary volunteer dentist’s license to a dentist who satisfies the requirements of this chapter.
(2)
To qualify for a temporary volunteer dentist’s license, an applicant shall:
(a)
Comply with the following:
(i)
Submit a completed Board-approved application with the Board at least 60 days before the date the temporary dental clinic is scheduled to open;
(ii)
Hold an active general license to practice clinical dentistry in another state that is not subject to clinical restrictions; and
(iii)
Have passed the North East Regional Board Clinical Examination or submit to the Board a notarized affidavit or other evidence satisfactory to the Board that for the 5 years preceding application the applicant has actively engaged in the practice of dentistry for at least 850 hours on average per year;
(b)
Provide a notarized affidavit to the Board:
(i)
Agreeing to donate dental services without compensation for a temporary dental clinic operated by a bona fide charitable organization or government entity; and
(ii)
Indicating that the applicant does not practice dentistry for profit in the State;
(c)
Provide documentation to the Board that evidences that the dentist is covered by malpractice insurance; and
(d)
Provide current verification of cardiopulmonary resuscitation certification.
(3)
The Board may require a dentist seeking a temporary volunteer dentist’s license to:
(a)
Pass the Maryland Jurisprudence Examination; or
(b)
Fulfill any other requirements relating to knowledge of the laws and regulations concerning the practice of dentistry in the State.
(4)
An applicant for a temporary volunteer dentist’s license may not be required to pay an application fee.
(5)
The Board may deny a temporary volunteer dentist’s license on the grounds provided under Health Occupations Article, §4-315, Annotated Code of Maryland.
C.
Practice Locations. A temporary volunteer dentist’s license 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:
(1)
A bona fide charitable organization;
(2)
The State or a local government; or
(3)
A local health department.
D.
Practice Restrictions.
(1)
A dentist who holds a temporary volunteer dentist’s license may not administer, monitor, or maintain general anesthesia or sedation.
(2)
A dentist who holds a temporary volunteer dentist’s license may administer, monitor, and maintain nitrous oxide oxygen.
(3)
A dentist who holds a temporary volunteer dentist’s license may only provide services authorized under the:
(a)
Maryland Dentistry Act; and
(b)
Regulations adopted by the Board.
E.
Dentists Licensed in Maryland. A dentist who holds an active general license to practice dentistry in Maryland may:
(1)
Practice at a temporary dental clinic without obtaining a temporary volunteer dentist’s license; and
(2)
Only provide services authorized under the:
(a)
Maryland Dentistry Act; and
(b)
Regulations adopted by the Board.
F.
Follow-Up Care. The treating dentist shall ensure that each patient receives a form at the conclusion of treatment that contains:
(1)
A summary of the services that were provided to the patient by the dentist and, if applicable, the dental hygienist; and
(2)
Instructions for any recommended follow-up care.
G.
Expiration and Renewal.
(1)
A temporary volunteer dentist's license issued under this chapter shall be issued for the duration of the temporary dental clinic only and may not be renewed.
(2)
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:
(a)
Applies for a new license; and
(b)
Satisfies the requirements of this chapter.
H.
Continuing Education. The Board may not require continuing education as a condition for the issuance of a temporary volunteer dentist’s license.
I.
Display of License. The holder of a temporary volunteer dentist’s license shall maintain the holder’s wallet license on the premises of the temporary dental clinic while practicing dentistry at the temporary dental clinic.
Regulation .04 Temporary Volunteer Dental Hygienist's License.LinkCopy Citation
A.
License Required. A dental hygienist who holds a general license to practice dental hygiene in another state may practice dental hygiene at a temporary dental clinic or for a government entity only after receiving a temporary volunteer dental hygienist’s license to practice dental hygiene as provided in this chapter.
B.
Qualifications for Out-of-State Dental Hygienists.
(1)
The Board shall issue a temporary volunteer dental hygienist’s license to a dental hygienist who satisfies the requirements of this chapter.
(2)
To qualify for a temporary volunteer dental hygienist’s license, an applicant shall:
(a)
Comply with the following:
(i)
Submit a completed Board-approved application with the Board at least 60 days before the date the temporary dental clinic is scheduled to open;
(ii)
Hold an active general license to practice clinical dental hygiene in another state that is not subject to clinical restrictions; and
(iii)
Have passed the North East Regional Board Clinical Examination or submit to the Board a notarized affidavit or other evidence satisfactory to the Board that for the 3 years preceding application the applicant has actively engaged in the practice of dental hygiene for at least 150 hours on average per year;
(b)
Provide a notarized affidavit to the Board:
(i)
Agreeing to donate dental hygiene services without compensation for a temporary dental clinic operated by a bona fide charitable organization or government entity; and
(ii)
Indicating that the applicant does not practice dental hygiene for profit in the State;
(c)
Provide documentation to the Board that evidences that the dental hygienist is covered by malpractice insurance; and
(d)
Provide current verification of cardiopulmonary resuscitation certification.
(3)
The Board may require a dental hygienist seeking a temporary volunteer dental hygienist’s license to:
(a)
Pass the Maryland Jurisprudence Examination; or
(b)
Fulfill any other requirements relating to knowledge of the laws and regulations concerning the practice of dental hygiene in the State.
(4)
An applicant for a temporary volunteer dental hygienist’s license may not be required to pay an application fee.
(5)
The Board may deny a temporary volunteer dental hygienist’s license on the grounds provided under Health Occupations Article, §4-315, Annotated Code of Maryland.
C.
Practice Locations. A temporary volunteer dental hygienist's license 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:
(1)
A bona fide charitable organization;
(2)
The State or a local government; or
(3)
A local health department.
D.
Practice Restrictions.
(1)
A dental hygienist who holds a temporary volunteer dental hygienist’s license may not:
(a)
Administer, monitor, or maintain general anesthesia or sedation;
(b)
Administer local anesthesia by infiltration;
(c)
Administer block anesthesia; or
(d)
Administer, monitor, or maintain nitrous oxide oxygen.
(2)
A dental hygienist who holds a temporary volunteer dental hygienist’s license may only provide services authorized under the:
(a)
Maryland Dentistry Act; and
(b)
Regulations adopted by the Board.
E.
Dental Hygienists Licensed in Maryland. A dental hygienist who holds an active general license to practice dental hygiene in Maryland may:
(1)
Practice at a temporary dental clinic without obtaining a temporary volunteer dental hygienist's license; and
(2)
Only provide services authorized under the:
(a)
Maryland Dentistry Act; and
(b)
Regulations adopted by the Board.
F.
General Supervision.
(1)
A temporary volunteer dental hygienist’s license authorizes the dental hygienist to practice dental hygiene at a temporary dental clinic under the general supervision of a dentist who:
(a)
Is on the premises;
(b)
Examines the patient at any time during the treatment; and
(c)
Is available for personal consultation while the services are being performed.
(2)
A dental hygienist may:
(a)
Perform an assessment of dental needs; and
(b)
Provide dental hygiene services before an examination by a supervising dentist.
(3)
This section may not be construed to:
(a)
Require a preliminary dental examination or treatment by a dental hygienist; or
(b)
Prohibit a supervising dentist from either examining a patient or providing treatment to a patient before treatment by a dental hygienist.
G.
Expiration and Renewal.
(1)
A temporary volunteer dental hygienist's license issued under this chapter shall be issued for the duration of the temporary dental clinic only and may not be renewed.
(2)
The Board may issue a temporary volunteer dental hygienist license to a dental hygienist who previously held a temporary volunteer dental hygienist license if the dental hygienist:
(a)
Applies for a new license; and
(b)
Satisfies the requirements of this chapter.
H.
Continuing Education. The Board may not require continuing education as a condition for the issuance of a temporary volunteer dental hygienist’s license.
I.
Display of License. The holder of a temporary volunteer dental hygienist's license shall maintain the holder’s wallet license on the premises of the temporary dental clinic while practicing dental hygiene at the temporary dental clinic.
Regulation .05 Temporary Dental Clinic Permit.LinkCopy Citation
A.
Bona Fide Charitable Organization.
(1)
A bona fide charitable organization may 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 only after receiving a temporary dental clinic permit issued by the Board.
(2)
The Board shall issue a temporary dental clinic permit to a bona fide charitable organization that meets the requirements of this chapter.
(3)
To apply for a temporary dental clinic permit, a bona fide charitable organization:
(a)
Shall submit an application on a form that the Board requires; and
(b)
May not be required to pay an application fee.
(4)
Expiration and Renewal of Permit.
(a)
A temporary dental clinic permit issued under this chapter:
(i)
Shall be issued for the duration of the temporary dental clinic only; and
(ii)
May not be renewed.
(b)
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:
(i)
Applies for a new permit; and
(ii)
Satisfies the requirements of this chapter.
(5)
A bona fide charitable organization that conducts a temporary dental clinic under this chapter may not be construed to be practicing dentistry.
B.
Government Entities.
(1)
The State, a local government, or a local health department that provides dental services to the poor, elderly, or disabled and that wishes to utilize the services of dentists or dental hygienists that hold an active general license in another state at a temporary dental clinic shall at least 60 days before the services are to be provided:
(a)
Provide written notice to the Board of:
(i)
Its intention to provide the services;
(ii)
The dates and location of the temporary dental clinic;
(iii)
The name, address, and telephone number of the temporary dental clinic’s coordinator; and
(b)
Indicate whether it has provided malpractice insurance to those who are applying for either a:
(i)
Temporary volunteer dentist’s license; or
(ii)
Temporary volunteer dental hygienist’s license.
(2)
The State, a local government, or a local health department may not be required by the Board to seek authorization to provide services at a temporary dental clinic.
(3)
A holder of an active general license to practice dentistry or dental hygiene in another state who wishes 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 a temporary volunteer dental hygienist’s license as provided in this chapter before providing the dental services.
C.
Permit Holders. The holder of a temporary dental clinic permit shall have:
(1)
A medical emergency plan;
(2)
Adequate equipment, including:
(a)
Portable equipment where appropriate; and
(b)
Appropriate armamentarium available for the delivery of dental services; and
(3)
Adequate safeguards to protect the health and safety of patients.
D.
Display of Permit. The holder of a temporary dental clinic permit shall display the permit conspicuously in the clinic.
Regulation .06 Board Authority.LinkCopy Citation
A.
The Board may:
(1)
Enter and inspect a temporary dental clinic in order to carry out a duty under Health Occupations Article, Title 4, Annotated Code of Maryland, or this chapter; and
(2)
Conduct an investigation of:
(a)
A temporary dental clinic;
(b)
A holder of a temporary volunteer dentist’s license providing services at a temporary dental clinic;
(c)
A holder of a temporary volunteer dental hygienist’s license providing services at a temporary dental clinic;
(d)
A holder of a general license to practice dentistry providing services at a temporary dental clinic; or
(e)
A holder of a general license to practice dental hygiene providing services at a temporary dental clinic.
B.
This regulation may not be construed to limit the authority of the Board to conduct investigations under Health Occupations Article, Title 4, Annotated Code of Maryland.
Chapter annotations
Authority: Health Occupations Article, §§4-101, 4-304, 4-306, and 4-308, Annotated Code of Maryland
History: Effective date: December 12, 2011 (38:25 Md. R. 1582)