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AGENCY UMBRELLA-UNIT NUMBER: 02-313
AGENCY NAME: Board of Dental Examiners (Affiliated with the Dept. of Professional & Financial Regulation)

CONTACT PERSON: Anita C. Merrow, Executive Secretary, 143 State House Station; Augusta, ME 04333-0143. Tel. (207) 287-3333 - Fax (207) 287-8140

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Rules Relating to Dental Hygienists
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to: (1) include bacterial sampling in the list of duties performed under the general supervision of a dentist; (2) consider including the use of nitrous oxide by dental hygienists; (3) provide for temporary licensure for dental hygienists who do volunteer work at a free clinic; (4) identify the coverage necessary for a dentist providing general supervision for a dental hygienist; and (5) establish criteria for the renewal of local anesthesia permits for dental hygienists.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Dentists, Hygienists and the Citizens of the State of Maine.

CHAPTER 2: Rules Relating to Dental Assistants
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to (1) include bacterial sampling in the list of duties performed by certified dental assistants under the direct supervision of a dentist; (2) to establish educational and age requirements for dental assistants; (3) to determine whether dental assistants should be allowed to start IV's in offices where the dentist holds an anesthesia permit; and (4) to determine whether dental assistants should be allowed to process and monitor an office tooth whitening system while the doctor is with another patient.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Dentists, Dental Assistants, Certified Dental Assistants and the Citizens of the State of Maine.

CHAPTER 3: Rules Relating to the Practice of Denturism
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to: (1) delete Part One related to permitted denturists; (2) delete references to an oral health certificate; and (3) delete all references to a permitted denturist.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Denturists, Dentists, and the Citizens of the State of Maine.

CHAPTER 7: False and Misleading Advertising
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to include any and all advertisements of dental professionals, not just those of professional dental corporations.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Dental Professionals and Citizens of the State of Maine

CHAPTER 8: Complaints
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to: (1) include the time period that a surviving spouse should retain dental records and provide copies of same upon request from former patients of his/her deceased spouse; (2) to delete the prefix "pre" from "'prepayment' of a reasonable duplication cost" in reference to providing patients with a copy of their dental records; (3) to add a statement that copies of dental records should be released within five business days of receipt of the request; and (4) to add a statement that it is unprofessional conduct not to respond to the Board within 30 days of receipt of a complaint.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Maine Citizens, all Licensees and their Staffs, and Surviving Spouses of Deceased Dentists and Denturists.

CHAPTER 9: Licensure Requirements for Dental Radiographers
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to establish the maximum time allowable between passing an exam and application for licensure.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Dental Radiographers and Citizens of the State of Maine.

CHAPTER 10: Requirements for Licensure for Dental Hygienists
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to: (1) determine whether it wishes to add as Item 2.1. a statement that the Board can waive the personal interview requirement at its discretion.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Dental Hygienists and the Citizens of the State of Maine

CHAPTER 11: Education Requirements for Dental Licensure]
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to: (1) change the requirement for licensure by endorsement from 5 years to 3 years to be consistent with statute amendment; (2) change the language under item A.2. to include the Canadian National Board Examination; (3) decide whether to add language to item A.3. to state that the Board accepts the Canadian National Board Examination in substitution for the computer simulated section of the NERB examination; (4) change the language under Item A.5. to more clearly define the Board's intent when requiring a personal interview with the Board; (5) possibly add as Item 6 a statement that the Board can waive the personal interview requirement at its discretion; (6) add "or province" to item C.3. regarding licensure by endorsement; (7) add language to include other regional board examinations under item A.3. and B.3.; and (8) decide whether to change the language under item B.1. to say "a dentist who is enrolled in or has completed a CODA approved program and/or the Board has received a letter from the dean of the school may be eligible" .
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Dentists and the Citizens of the State of Maine

CHAPTER 12: Continuing Dental Education
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To amend the rule to: (1) include some home study under category I credit; (2) to more clearly define the definition of category I credit; (3) make CPR a requirement for licensure and re-registration for dentists, dental hygienists, and denturists; and (4) accept for credit volunteer services at either of the two Maine dental hygiene schools by dentists and hygienists.
ANTICIPATED SCHEDULE: November 2004
AFFECTED PARTIES: Maine Licensed Dentists, Dental Hygienists, and Denturists.

CHAPTER 13: Rules for Use of General Anesthesia/Sedation by Dentists
STATUTORY AUTHORITY: 32 M.R.S.A. § 1073
PURPOSE: To determine whether the Board wishes to amend the rule to: (1) add language that "the use of nitrous oxide and the addition of an oral anxiolytic drug would be exempt from needing a permit"; (2) add language that "having had a pediatric residency should fill the requirement for education for the conscious sedation permit"; (3) add language that "a permit is unnecessary when a dentist uses a single dose, one time administration, of a pediatric combination of drugs"; and (4) state that the Board accepts the American Dental Association's guidelines for the use of conscious sedation.

Whether to establish a new rule to: (1) define what constitutes a patient of record for both an oral surgeon and for general practice; (2) define a dentist of record; (3) provide an option for dentists, similar to a dental hygienist whereby a dentist could voluntarily provide services in a non-traditional setting such as a clinic; (4) add a statement that a dentist who volunteers at a clinic is not considered the dentist of record to the patient (or the patient is not considered a patient of record); (5) stipulate how often a dentist must perform an examination on a patient; (6) outline the proper dismissal of a patient; (7) establish the guidelines for closing a dental practice; and (8) establish minimum acceptable standards for record-keeping.

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