The Denturist Subcommittee, as established in Title 5, section 12004-A, subsection 10-A, referred to in this section as the "subcommittee," is established as an independent subcommittee of the board.

1.__Membership.__The subcommittee consists of 2 denturists and one member of the public appointed by the Governor for 5-year terms.

2.__Eligibility.__A person is not eligible for appointment to the subcommittee who has been convicted of a violation of the provisions of this chapter or any other prior dental practice laws, or who has been convicted of a crime punishable by more than one year's imprisonment.__A person is not eligible for appointment to the subcommittee who has served 10 years or more on a dental examining board in this State.__Appointment of members must comply with section 60.__The Governor may remove a member of the subcommittee on proven charges of inefficiency, incompetence, immorality or unprofessional conduct.

3.__Compensation.__The members of the subcommittee are entitled to compensation according to the provisions of Title 5, chapter 379.__Expenses of the members must be certified by the secretary of the board.

4.__Duties.__The subcommittee shall:

A.__Adopt rules pertaining to denturists not contrary to law and subject to legislative review.__Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A;

B.__Investigate complaints and discipline denturist licensees;

C.__Prepare and give examinations for the purpose of licensing and authorize regional or national examinations for the purpose of licensing;

D.__Submit a yearly budget, ensuring that operations of the subcommittee are supported entirely by denturist licensing fees;

E.__Approve educational curriculums for the purpose of licensing and continuing education; and

F.__Hold at least one annual meeting, and special meetings as necessary, at a time and place to be fixed by the subcommittee.

Sec. 5. 32 MRSA §1081, sub-§2, ¶¶E and G, as amended by PL 1993, c. 600, Pt. A, §63, are further amended to read:

E. The filling of prescriptions of a licensed dentist or denturist by any person, association, corporation or other entity for the construction, reproduction or repair of prosthetic dentures, bridges, plates or appliances to be used or worn as substitutes for natural teeth, provided that this person, association, corporation or other entity does not solicit nor advertise, directly or indirectly, by mail, card, newspaper, pamphlet, radio or otherwise, to the general public to construct, reproduce or repair prosthetic dentures, bridges, plates or other appliances to be used or worn as substitutes for natural teeth; and

G. The taking of impressions by dental hygienists or dental assistants for study purposes only.; and

Sec. 6. 32 MRSA §1081, sub-§2, ¶H is enacted to read:

H.__The practice of denturism.

Sec. 7. 32 MRSA §1081, sub-§3, ¶¶A and C, as amended by PL 1993, c. 600, Pt. A, §63, are further amended to read:

A. Employs dentists or dental hygienists, denturists or other dental auxiliaries in the operation of a dental office;

C. Retains the ownership or control of dental equipment or material or a dental office and makes the same available in any manner for the use by dentists or dental hygienists or other agents, except that nothing in this subsection applies to bona fide sales of dental equipment or material secured by a chattel mortgage or retain title agreement. A person licensed to practice dentistry may not enter into arrangements with a person who is not licensed to practice dentistry.

Sec. 8. 32 MRSA §1090, as amended by PL 1993, c. 600, Pt. A, §72, is further amended to read:

§1090. Prescription required for dental laboratory

1. Prescription. A dentist or denturist who uses the services of a person not licensed to practice dentistry or

denturism in this State to construct, alter, repair or duplicate a denture, plate, partial plate, bridge, splint, orthodontic or prosthetic appliance shall first furnish the unlicensed person with a written prescription, which must contain:

A. The name and address of the unlicensed person;

B. The patient's name or number. In the event the number is used, the name of the patient must be written upon the duplicate copy of the prescription retained by the dentist;

C. The date on which it was written;

D. A prescription of the work to be done, with diagrams if necessary;

E. A specification of the type and quality of materials to be used; and

F. The signature of the dentist or denturist and the number of the dentist's or denturist's state license.

The unlicensed person shall retain the original prescription and the dentist or denturist shall retain for 2 years a duplicate copy for inspection by the board or its agent. For purposes of this subsection, "unlicensed person" includes all legal entities.

Sec. 9. 32 MRSA §1100-A, as amended by PL 1993, c. 600, Pt. A, §87, is further amended to read:

§1100-A. Definition

Duties of dental auxiliaries other than dental hygienists and denturists must be defined and governed by the rules of the Board of Dental Examiners. Dental auxiliaries include, but are not limited to, dental hygienists, dental assistants, and dental laboratory technicians and denturists.

Sec. 10. 32 MRSA §1100-B, sub-§3, ¶¶A and B, as amended by PL 1993, c. 600, Pt. A, §88, are further amended to read:

A. The taking of denture impressions and bite registration for the purpose of or with a view to the making, producing, reproducing, construction, finishing, supplying, altering or repairing of a complete upper or complete lower prosthetic denture, or both, to be fitted to an edentulous arch or arches;

B. The fitting of a complete upper or lower prosthetic denture, or both, to an edentulous arch or arches, including

the making, producing, reproducing, constructing, finishing, supplying, altering and repairing of dentures; and

Sec. 11. 32 MRSA §1100-B, sub-§4 is enacted to read:

4.__Subcommittee.__"Subcommittee" means the Denturist Subcommittee.

Sec. 12. 32 MRSA §1100-C, sub-§1, as amended by PL 1995, c. 590, §5, is further amended to read:

1. Rules required. The board subcommittee shall adopt rules necessary to implement this subchapter. Rules adopted may pertain, but are not limited to, continuing education, statement of oral conditions and other record retention requirements, prelicensure permits and the specification of other procedures incidental to the practice of denturism. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 13. 32 MRSA §1100-C, sub-§6 is enacted to read:

6.__Oral health certificate not required.__The rules adopted by the subcommittee may not require that a denturist hold an oral health certificate from a dentist before treating a patient.

Sec. 14. 32 MRSA §1100-D, sub-§1, as amended by PL 1995, c. 590, §6, is further amended to read:

1. Authority. The board subcommittee is authorized to prepare and give examinations in the area of denturism for the purpose of licensing denturists. All examinations prepared and given under this subchapter may be prepared and given by the full board, by an appointed subcommittee of the board or by an entity authorized by the board subcommittee. The board may subcommittee shall also recognize a nationally or regionally administered examination given at least annually for applicants to practice denturism in the State.

Sec. 15. 32 MRSA §1100-D, sub-§2-A, ¶A, as enacted by PL 1995, c. 590, §6, is repealed.

Sec. 16. 32 MRSA §1100-D, sub-§2-A, ¶B, as enacted by PL 1995, c. 590, §6, is amended to read:

B. A person is eligible to take the examination if that person:

(1) Is a high school graduate or has obtained high school equivalency; and

(2) Has a diploma from a board-approved denturism postsecondary institution or has completed an equivalent denturist educational program approved by the board successfully completed a course certified by the American Denturist Association, the Denturist Association of Canada, or a successor organization of either, or the subcommittee.

Sec. 17. 32 MRSA §1100-D, sub-§§3 and 4, as amended by PL 1995, c. 590, §6, are further amended to read:

3. Application for examination; fee. An eligible person desiring to take an examination in order to become licensed as a denturist shall make a written application to the board subcommittee to take the examination. This application must be accompanied by an application fee, to be determined by the board subcommittee, but not to exceed $100 and an examination fee to be determined by the board subcommittee that may not exceed the actual cost of the examination. The application fee includes the fee for the initial license and is nonrefundable.

4. Additional examinations; fee. An applicant failing to pass an examination is entitled to a reexamination upon payment of the examination fee set by the board subcommittee. If an applicant has failed 3 examinations, the board subcommittee may require the applicant to complete additional educational requirements prior to reexamination.

Sec. 18. 32 MRSA §1100-E, sub-§§2 to 4-A, as amended by PL 1995, c. 590, §7, are further amended to read:

2. License issued. The Upon recommendation of the subcommittee, the board shall issue a license for the practice in this State to each person who has passed an examination under section 1100-D. This license authorizes the licensee to practice as a denturist in the State until the expiration date that appears on the license.

3. Renewal; renewal fee. After a license has been issued under subsection 2, and on or before January 1st of odd-numbered years, a denturist must pay to the board subcommittee a license renewal fee of not more than $100 to be determined by the board subcommittee in order to renew the license and to continue to be authorized to practice as a denturist in the State or 1/2 the biennial licensure fee if application is made in an even-numbered year.

After the requirements for a license renewal, including any necessary continuing education, have been met, a renewal card of

the denturist's license must be issued, which the denturist shall place beside or attach to the denturist's initial license. Denturists who have not paid as provided by January 1st must be reinstated upon payment of a fee, to be determined by the board subcommittee, of not more than $50 if paid by February 1st. A license to practice is automatically suspended on February 1st and may be reinstated, if approved by the board, on payment of a fee to be determined by the board of not more than $100 subcommittee.

4. Endorsement. The board, at its discretion, without examination, may issue a license to an applicant to practice as a denturist who furnishes proof satisfactory to the board that the denturist has been licensed to practice and has actively practiced for a period of 5 years in another state or Canadian province after full compliance with the requirements of its dental laws, if the licensure requirements are, in all essentials, at least equivalent to those of this State. The board may require letters of reference about the denturist. Applicants for licensure by endorsement who meet the requirements of this section must be interviewed in person by the board, or members of the board, prior to being issued a license. Every license so given must state upon its face that it was granted on the basis of endorsement. The fee for the license may not exceed $100.

4-A. Duplicate license. A licensee must be issued a duplicate license by the board for a fee of $15 to be paid to the subcommittee upon attestation of loss of the original.

Sec. 19. 32 MRSA §1100-E, sub-§5, ¶B-1, as enacted by PL 1995, c. 590, §7, is repealed.

Sec. 20. 32 MRSA §1100-E, sub-§6, as amended by PL 1995, c. 590, §7 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

6. Mental or physical examination. For the purposes of this subsection, by the application for and acceptance of the license, a licensed denturist is deemed to have given consent to a mental or physical examination when directed by the board subcommittee. The board subcommittee may direct the examination whenever it determines a denturist may be suffering from a mental illness that may be interfering with the competent practice of denturism or from the use of intoxicants or drugs to an extent that they are preventing the denturist from practicing denturism competently and with safety to the patients. A denturist examined pursuant to an order of the board subcommittee does not have the privilege to prevent the testimony of the examining individual or to prevent the acceptance into evidence of the report of an examining individual. Failure to comply with an

order of the board subcommittee to submit to a mental or physical exam requires the District Court to immediately order the license of the denturist suspended until the denturist submits to the examination.

Sec. 21. 32 MRSA §1100-E-1, as enacted by PL 1995, c. 590, §8, is amended to read:

§1100-E-1. Continuing education

As a condition of a license renewal, a denturist licensee shall must submit evidence of successful completion of 20 hours of continuing education consisting of board-approved courses approved by the subcommittee completed within the 2 years preceding the application for renewal. The board subcommittee shall proportionally reduce the continuing education hours required for denturists who have been licensed for less than a 2- year period upon the date of renewal.

Sec. 22. 32 MRSA §1100-K, sub-§3 is enacted to read:

3.__Exception.__A denturist who is a licensed dental radiographer may expose, develop and interpret X rays without supervision of a dentist.

Sec. 23. Denturist Subcommittee; staggered terms. Notwithstanding the Maine Revised Statutes, Title 32, section 1078, subsection 1, of those initial appointments to the Denturist Subcommittee, one denturist's term must be 5 years, one denturist's term must be 4 years and the public member's term must be 3 years.

Sec. 24. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 32, section 1071, first paragraph applies retroactively to January 1, 2001.

Sec. 25. Transition. Rules in effect on the effective date of this Act adopted by the Board of Dental Examiners to regulate the practice of denturism remain in effect until amended, repealed or replaced by the Denturist Subcommittee.

SUMMARY

This bill makes several changes relating to denturists and dental practices. Specifically, the bill does the following:

1. It authorizes denturists to become shareholders in dental practices;

2. It adds back the denturist member to the Board of Dental Examiners;

3. It establishes the Denturist Subcommittee as an independent subcommittee of the Board of Dental Examiners. The subcommittee consists of 2 denturists and one public member serving staggered 5-year terms. While licensing authority remains with the board, the subcommittee is given jurisdiction over examinations and approval of educational curriculums and continuing education. Money received form license issuance and renewal is paid to the subcommittee, which has the duty to ensure that its operations are supported entirely by those fees;

4. It clarifies the definition of the "practice of denturism";

5. It prohibits a mandatory oral health certification as a precondition for a denturist to treat a patient, and clarifies that the subcommittee, not the board, will adopt rules to regulate the practice of denturism;

6. It clarifies that the a education requirement may be met by successful completion of a course certified by the American Denturist Association or the Denturist Association of Canada; and

7. It provides that denturist who is a licensed dental radiographer may expose, develop and interpret X rays without supervision of a dentist.