# COMAR Title 10 — Maryland Department of Health

## Subtitle 44 — Board of Dental Examiners

### Chapter 34 — Inspections—Compliance with Centers for Disease Control and Prevention Guidelines

**Authority:** Health Occupations Article, §§4-205(c)(1) and 4-205(a)(6), Annotated Code of Maryland

**Administrative History:** Effective date: August 18, 2025 (52:16 Md. R. 847)

#### Regulation .01 Purpose.

*COMAR 10.44.34.01*

The purpose of this chapter is to prescribe procedures for unannounced inspections of a dental office to determine compliance at that office with the Centers for Disease Control and Prevention's guidelines on universal precautions in accordance with the Health Occupations Article, §4-205(a)(6), Annotated Code of Maryland.

#### Regulation .02 Inspections.

*COMAR 10.44.34.02*

A. On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, alleging potential non-compliance with the Centers for Disease Control and Prevention's guidelines on universal precautions, the Board may conduct an unannounced inspection of the dental office.

B. A Board inspector or designee shall inspect the dental office in accordance with the Centers for Disease Control and Prevention's guidelines on universal precautions and shall produce an inspection report.

C. The Board shall review the inspection report and make a determination as to whether any violations exist.

D. Within 2 weeks of the inspection, the Board shall notify the appropriate licensee or licensees of the results of the inspection in writing. If the inspection found violations, the notification shall include a notice of those violations and the specified time to correct those violations.

#### Regulation .03 Correction of Violations.

*COMAR 10.44.34.03*

A. Except as provided in §§C and D of this regulation, if the Board’s inspection indicated violations, the appropriate licensee or licensees within the dental office shall correct violations within 30 days after receipt of the Board’s written notification.

B. The Board may require less than 30 days to correct a violation if the Board considers the correction necessary to the interest of public health.

C. A licensee may request an extension of time for correction of violations.

D. The Board may approve or deny an extension of time for correction of violations.

E. Upon completion of correction of all violations, the licensee shall notify the Board in writing within 1 week of the corrections with adequate documentation of all corrections.

F. Upon notification of the corrections, the Board or its designee shall re-inspect the dental office.

G. The Board shall notify the appropriate licensee or licensees in writing of the results of the re-inspection within 1 week of the re-inspection.

H. If re-inspection reveals additional violations not cited in the first inspection report, the appropriate licensee or licensees shall correct those violations in the time period specified unless an extension of time is requested by a licensee and approved by the Board in accordance with §§C and D of this regulation.

#### Regulation .04 Penalties.

*COMAR 10.44.34.04*

A. Failure to allow an inspection of a dental office may result in disciplinary action against a licensee in accordance with COMAR 10.44.07, subject to the hearing requirements set forth in Health Occupations Article, §4-318, Annotated Code of Maryland.

B. Failure to comply with a notice to correct violations within a 30-day period, or any extension granted by the Board under Regulation .03 of this chapter, may result in disciplinary action against a licensee in accordance with COMAR 10.44.07, subject to the hearing requirements set forth in Health Occupations Article, §4-318, Annotated Code of Maryland.

C. Nothing in this chapter precludes the Board from taking concurrent or subsequent disciplinary action, including summary action, against a licensee found to have violated applicable Centers for Disease Control and Prevention guidelines, subject to the Administrative Procedure Act, the notice and hearing requirements set forth in Health Occupations Article, §4-318, Annotated Code of Maryland, and Board regulations.