# COMAR Title 10 — Maryland Department of Health

## Subtitle 44 — Board of Dental Examiners

### Chapter 36 — Private Dental Offices—Infection Control

**Authority:** Health Occupations Article, §§4-104 and 4-205(c)(1)(v), Annotated Code of Maryland

**Administrative History:** Effective date: January 19, 2026 (53:1 Md. R. 23))

#### Regulation .01 Definitions.

*COMAR 10.44.36.01*

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

B. Terms Defined.

  (1) “CDC Guidelines” means the Centers for Disease Control and Prevention Guidelines for Infection Control in Dental Health-Care Settings—2003.

  (2) “Practice dentistry” has the meaning stated in Health Occupations Article, §4-101, Annotated Code of Maryland.

  (3) “Private dental office” has the meaning stated in Health Occupations Article, §4-308, Annotated Code of Maryland.

  (4) “Standard and transmission based precautions” means the minimum infection control prevention practices that apply to all patient care, regardless of suspected or confirmed infection status of the patient, in any setting where health care is delivered.

  (5) “Supervising dentist” means a dentist licensed in the State, including a solo practitioner, who is responsible for all infection control activities within a private dental office as set forth in this chapter.

#### Regulation .02 Incorporation by Reference.

*COMAR 10.44.36.02*

Guidelines for Infection Control in Dental Health-Care Settings—2003 (Morbidity and Mortality Weekly Report (MMWR): Recommendations and Reports, 2003; v. 52; no. 17, Centers for Disease Control and Prevention (CDC, Atlanta, GA)) is incorporated by reference.

#### Regulation .03 Supervising Dentist—Board Registration.

*COMAR 10.44.36.03*

A. Each owner of a private dental office shall designate a licensed dentist to be the supervising dentist for the private dental office.

B. A supervising dentist designated under §A of this regulation shall:

  (1) Complete the registration required by the Board on a form provided by the Board; and

  (2) Be responsible for all infection control activities within the private dental office.

C. If a supervising dentist for a private dental office relinquishes the supervising dentist’s responsibilities under §B(2) of this regulation, for any reason, the owner of the private dental office shall immediately designate an interim supervising dentist who shall be responsible for all infection control within the private dental office until a new supervising dentist for the private dental office registers with the Board.

D. An interim supervising dentist may remain an interim supervising dentist for no more than 45 calendar days prior to the registration of a subsequent supervising dentist.

E. The responsibilities of a supervising dentist set forth in this regulation is not considered the practice of dentistry.

F. This regulation may not be construed to prevent an unlicensed individual from assisting with regulatory compliance consistent with Health Occupations Article, §4-103(e)(12), Annotated Code of Maryland.

G. The Board may charge a fee not to exceed the fee set forth in COMAR 10.44.20 for the registration and any subsequent registrations of supervising dentists.

#### Regulation .04 Display of Registration.

*COMAR 10.44.36.04*

The owner of a private dental office shall display the name of the supervising dentist and the name of the interim supervising dentist, if applicable, conspicuously in the office on the form provided by the Board.

#### Regulation .05 Supervising Dentist—Infection Control Activities.

*COMAR 10.44.36.05*

A. The supervising dentist in a private dental office shall be responsible for the following infection control activities:

  (1) Adherence to the CDC Guidelines in their individual capacity as described in Regulation .06 of this chapter;

  (2) The provision and accessibility of sufficient and appropriate:

    (a) Personal protective equipment including but not limited to:

      (i) Gloves;

      (ii) Masks;

      (iii) Eyewear; and

      (iv) Gowns;

    (b) Hand soaps and hand scrubs;

    (c) Puncture-resistant sharps containers located in close proximity to where they are to be used;

    (d) Products for cleaning and disinfecting environmental surfaces that are approved by the Environmental Protection Agency or its successor;

    (e) Periodic water quality testing to ensure that water meets Environmental Protection Agency regulatory standards for drinking water;

    (f) Sterilization monitoring of reusable dental equipment and instruments in accordance with the manufacturer’s instructions for use, including:

      (i) Biological spore testing;

      (ii) Chemical monitoring; and

      (iii) Mechanical monitoring;

    (g) Maintenance of a biohazard waste removal contract for the office; and

    (h) Signage for patient waiting areas for those exhibiting symptoms of respiratory infection.

B. In addition to the activities set forth in §A of this regulation, a supervising dentist shall be responsible for the training of clinical staff upon hire and before engaging in clinical duties, and at minimum, annually.

C. The training of clinical staff shall include training regarding:

  (1) Standard and transmission based precautions;

  (2) Hand hygiene;

  (3) Personal protective equipment;

  (4) Respiratory hygiene/cough etiquette;

  (5) Sharps safety;

  (6) Safe injection practices;

  (7) Sterilizing and disinfecting clinical contact and housekeeping surfaces;

  (8) Spore testing;

  (9) Water quality testing; and

  (10) The Occupational Safety and Health Administration Bloodborne Pathogens Standard as set forth in 29 C.F.R. §1910.1030.

D. A supervising dentist shall ensure that evidence-based written policies and procedures, based upon current CDC Guidelines, regulatory requirements, and other relevant guidance documents, are developed, maintained, and readily available for review by the office’s clinical staff.

E. The policies and procedures referred to in §D of this regulation shall be updated either annually or more often if appropriate, to reflect new evidence, guidelines, or regulatory requirements.

F. A supervising dentist shall maintain adequate written records of the activities set forth in §§A—E of this regulation in each office for which the records apply.

G. A supervising dentist who practices clinical dentistry shall, for their own practice of dentistry, be responsible for all infection control activities in the dental office including those activities that are not considered structural infection control or those that do not impact the entirety of the private dental office.

#### Regulation .06 Individual Dentist Responsibilities.

*COMAR 10.44.36.06*

Notwithstanding the responsibilities of a supervising dentist set forth in Regulation .05 of this chapter, an individual dentist who is not a supervising dentist shall be responsible for infection control activities in the control of the individual dentist including:

A. Use of adequate personal protective equipment; and

B. Sterilization of instruments.

#### Regulation .07 Violations.

*COMAR 10.44.36.07*

Violations of this chapter constitutes unprofessional conduct and may result in disciplinary action against a dentist as set forth in Health Occupations Article, §4-315, Annotated Code of Maryland.