1.__License required.__A person may not practice dental hygiene without having a current license issued by the board.

2.__Licensure qualifications.__A person may be licensed by the board to practice dental hygiene if that person:

A.__Is 18 years of age or older;

B.__Has received at least an associate degree from a dental hygiene program, consisting of at least 2 years of curriculum in an institution of higher education accredited by a commission on dental accreditation, and provides a notarized statement from the dean of the school affirming that the applicant has met all applicable degree requirements;

C.__Has completed with a passing grade a national dental hygiene examination given by a joint commission on national dental examinations;

D.__Has completed with a passing grade a dental hygiene examination administered by a northeast regional board of dental hygiene.

For any applicant who has completed a dental hygiene examination administered by a northeast regional board of dental hygiene more than one year prior to application for licensure in this State, has successfully completed a personal interview before the board; and

E.__Has completed with a passing grade a jurisprudence examination given by the board.

3.__Licensure by credentials.__To be licensed by credentials, an applicant must meet or exceed the requirements for licensure in subsection 2 and:

A.__If the applicant graduated from a dental hygiene program after December 31, 1964 and on or before December 31, 1970, the applicant:

(1)__Must have completed with a passing grade a national dental hygiene examination, if such an examination was required when the applicant was licensed in another state; and

(2)__Must furnish proof, satisfactory to the board,

that the candidate has been duly licensed to practice dental hygiene in another state after full compliance with the requirements of its laws; or

B.__If the applicant graduated from a dental hygiene program after December 31, 1970, the applicant:

(1)__Has completed with a passing grade a dental hygiene examination administered by a northeast regional board of dental hygiene if such an examination was required when the applicant was licensed in another state;

(2)__Has engaged in active clinical practice for a minimum of 5 years prior to application; and

(3)__Has completed with a passing grade a jurisprudence examination given by the board.

The board at its discretion may waive the dental hygiene examination administered by a northeast regional board of dental hygiene or accept the successful passing of another regional dental hygiene examination if all other requirements have been met.__The board may require letters of reference as to ability.__ A license given pursuant to this subsection must state upon its face that it was granted on the basis of endorsement.__The fee for that license must be determined by the board but may not be more than $100.

4.__Exemptions.__Nothing in this subchapter may be construed to affect the practice of medicine or dentistry or prevent students of a dental college, university or school of dental hygiene from practicing dental hygiene under the supervision of their instructors.

5.__Prohibitions.__It is a violation of this subchapter to aid or assist in any manner any unlicensed person to practice dental hygiene or in the debridement or removal of hard deposits, accretions or calcareous deposits from the supragingival or subgingival surfaces of the teeth.

6.__Penalties.__A person who commits a violation of this subchapter for which a penalty has not been prescribed commits a Class E crime.__The prosecuting officers of this State, on notice from a member of the board, shall institute prosecutions for offenses under this subchapter.

Sec. 4. 32 MRSA §1098-B, as amended by PL 1993, c. 600, Pt. A, §84, is further amended to read:

§1098-B. Continuing education

As a condition of renewal of a license to practice, a dental hygienist must submit evidence of successful completion of 20 30 hours of continuing education consisting of board-approved courses in the 2 years preceding the application for renewal and current certification in cardiopulmonary resuscitation. The board and the dental hygienist shall follow and are bound by the provisions of section 1084-A in the implementation of this section.

Sec. 5. 32 MRSA §1099, as amended by PL 1995, c. 590, §2, is repealed.

Sec. 6. 32 MRSA §1099-A is enacted to read:

§1099-A.__Employment; supervision

1.__Practice under general supervision.__A dental hygienist licensed under this subchapter may practice dental hygiene under the general supervision of a licensed dentist as an employee in a dental office; dental clinic; hospital; school; charitable institution; health maintenance organization certified by the State; dental facility owned and operated by the Federal Government, the State Government or a local government; health facility licensed by the State; facility providing medical care to the poor, elderly or disabled that is owned and operated by the State or a local government; a bona fide charitable organization; or any other setting authorized under rules adopted by the board.

2.__Practice without general supervision.__A dental hygienist with 2 years of active clinical practice may practice dental hygiene without general supervision in settings outside the dental office.

Sec. 7. 32 MRSA §1100, 2nd ¶, as amended by PL 1993, c. 600, Pt. A, §86, is further amended to read:

A dentist may not permit a dental hygienist operating under the dentist's supervision to perform an operation other than that permitted under section 1095 1099-A, subsection 1.

SUMMARY

This bill amends the laws governing the licensure of dental hygienists in the following ways.

1. It sets standards for the licensure of dental hygienists by the Board of Dental Examiners.

2. It increases the number of hours of continuing education that a dental hygienist must successfully complete as a condition of renewal of a license to practice.