CHAPTER 322
H.P. 1023 - L.D. 1461
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 16, sub-c. 3-A is enacted to read:
SUBCHAPTER 3-A
EXPANDED FUNCTION DENTAL ASSISTANT
§1094-D. Definitions
As used in this subchapter, unless the context otherwise indicates, "expanded function dental assistant" means an individual who holds a current valid certification under this subchapter to perform reversible intraoral procedures authorized by this subchapter under the direct supervision of a licensed dentist and under an assignment of duties by a dentist. As used in this subchapter, unless the context otherwise indicates, "reversible intraoral procedures" means placing and removing rubber dams and matrices; placing and contouring amalgam, composite and other restorative materials; applying sealants; supra gingival polishing; and other reversible procedures defined by the board not designated by this chapter to be performed only by licensed dentists or dental hygienists.
§1094-E. Procedures not authorized
An expanded function dental assistant may not perform the following procedures:
1. Examination, diagnosis and treatment planning. Complete or limited examination, diagnosis or treatment planning;
2. Surgical or cutting procedures. Surgical or cutting procedures of hard or soft tissue;
3. Prescribing drugs. Prescribing drugs, medicaments or work authorizations;
4. Performing pulp capping. Performing pulp capping, pulpotomy or other endodontic procedures;
5. Placement and adjustment of prosthetic appliances. Placement and intraoral adjustments of fixed or removable prosthetic appliances; or
6. Administration of anesthesia or sedation. Administration of local anesthesia, parenteral or inhalation sedation or general anesthesia.
An expanded function dental assistant shall perform under the direct supervision of a dentist. As used in this section, "direct supervision" means that a dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the condition to be treated and remains in the dental office or treatment facility while the procedure is being performed by the expanded function dental assistant and, before dismissal of the patient, evaluates the work performed by the expanded function dental assistant.
The board may certify as an expanded function dental assistant a person 18 years of age or older who submits an application on forms furnished by the board together with the required fee to be determined by the board, not to exceed $100, and:
1. Holds certified dental assistant certificate or registered dental hygiene license and has completed training. Holds a current certified dental assistant certification or a current registered dental hygienist license and has successfully completed training in a school or program approved by the board; or
2. Is credentialed by another state or province. Is credentialed to perform as an expanded function dental assistant
by another state or Canadian province, the standards of which are acceptable to the board.
The board may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to implement this section.
§1094-H. Certification; renewal
Certificates must be renewed every 5 years. On or before the expiration of the certificate, the expanded function dental assistant must pay to the board a certification renewal fee of not more than $100 to be determined by the board. Expanded function dental assistants who have not paid the renewal fee on or before the expiration of the 5-year certificate must be reinstated upon payment of a late fee of not more than $50 to be determined by the board if paid within 30 days of the certificate's expiration date. Failure to be properly certified within 30 days results in automatic suspension of a certificate to practice. Reinstatement may be made, if approved by the board, by payment to the secretary-treasurer of the board of a fee determined by the board of not more than $100.
The board may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to implement this section.
Sec. 2. 32 MRSA §1100-A, as amended by PL 1993, c. 600, Pt. A, §87, is further amended to read:
Duties of dental auxiliaries other than dental hygienists and expanded function dental assistants 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, expanded function dental assistants, dental laboratory technicians and denturists.
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
PROFESSIONAL AND FINANCIAL REGULATION,
DEPARTMENT OF
Dental Examiners - Board of 0384
Initiative: Allocates funds for the costs associated with establishing a new category of dental assistant.
OTHER SPECIAL REVENUE FUNDS 2005-06 2006-07
All Other $0 $5,600
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $5,600
Effective September 17, 2005.
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