‘An Act To Improve Access to Dental Care through Empowering the Denturist Subcommittee of the Board of Dental Examiners’
| SP0453 LD 1310 |
Session - 126th Maine Legislature C "A", Filing Number S-418, Sponsored by
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LR 982 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Improve Access to Dental Care through Empowering the Denturist Subcommittee of the Board of Dental Examiners’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 32 MRSA §1071, first ¶, as amended by PL 2003, c. 669, §1, is further amended to read:
The Board of Dental Examiners, established by Title 5, section 12004-A, subsection 10, and in this chapter called the "board," consists of 9 members, appointed by the Governor as follows: five members of the dental profession, 2 dental hygienists, one denturist 3 denturists and one representative of the public.
Sec. 2. 32 MRSA §1071, sub-§2, as amended by PL 1993, c. 600, Pt. A, §56, is further amended to read:
Members of the dental profession must hold a valid dental license and must have been in the actual practice of dentistry in this State for at least 10 years immediately preceding the appointment. The term for a member who is a dentist is 5 years. A dentist is not eligible to serve as a member of the board while employing a dental hygienist who is a member of the board.
Sec. 3. 32 MRSA §1071, sub-§3, as amended by PL 2003, c. 669, §2, is repealed.
Sec. 4. 32 MRSA §1071, sub-§3-A, as enacted by PL 2001, c. 260, Pt. B, §2, is amended to read:
Sec. 5. 32 MRSA §1076, as amended by PL 1993, c. 659, Pt. B, §5, is further amended to read:
§ 1076. Budget
The board shall submit to the Commissioner of Professional and Financial Regulation its budgetary requirements in the same manner as is provided in Title 5, section 1665, and the commissioner shall in turn transmit these requirements to the Bureau of the Budget without any revision, alteration or change, unless alterations are mutually agreed upon by the department and the board or the board's designee. The budget submitted by the board to the commissioner must be sufficient to enable the board to comply with this subchapter. The Subcommittee on Denturists established in section 1078 shall submit its budgetary requirements to the board, which must be fully funded from revenue generated from denturist licensing fees. The board shall compensate the subcommittee for any necessary expenditures incurred by the subcommittee in performing its duties under this chapter.
Sec. 6. 32 MRSA §1078, as corrected by RR 2007, c. 2, §19, is amended to read:
§ 1078. Subcommittee on Denturists
The Subcommittee on Denturists, referred to in this section as "the subcommittee," is established as follows.
The subcommittee shall annually elect a chair and a secretary.
(1) Is beyond the jurisdiction of the subcommittee;
(2) Places an undue financial burden upon the board; or
(3) Is not supported by the record; and
(1) Is beyond the jurisdiction of the subcommittee;
(2) Places an undue financial burden upon the board; or
(3) Is not supported by the record.
Once a proposal for rulemaking has been submitted by the subcommittee and accepted by the board, nothing in this section may be construed to restrict the board from conducting its duties for rulemaking in accordance with the Maine Administrative Procedure Act.
Sec. 7. 32 MRSA §1079, as amended by PL 2007, c. 620, Pt. A, §2, is repealed.
Sec. 8. 32 MRSA §1099, as amended by PL 2007, c. 620, Pt. A, §3, is further amended to read:
§ 1099. Endorsement
The board may at its discretion, without examination, issue a license to an applicant to practice dental hygiene who furnishes proof satisfactory to the board that the dental hygienist has been duly licensed for at least 3 years to practice in another state or a Canadian province after full compliance with the requirements of its dental laws, except that the professional education may not be less than is required in this State. The board may require letters of reference as to ability. Applicants for licensure by endorsement who meet the requirements of this section must be interviewed in person by the Subcommittee on Dental Hygienists, as established in section 1079 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 that license must be determined by the board, but may not be more than $175.
Sec. 9. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 32, section 1071, first paragraph and subsection 3-A, the Governor, in making the appointments for the 2 new denturist members of the Board of Dental Examiners pursuant to this Act, shall designate one appointment for a 4-year term and the other appointment for a 5-year term.
Sec. 10. Application. This Act does not apply to any license, proceeding, proposed rule or other action pending before the Board of Dental Examiners on the effective date of this Act.’
summary
This amendment is the majority report of the committee and replaces the bill. It changes the composition of the Board of Dental Examiners by removing the dental hygienists from the board and adding 2 denturists to the board. It allows the Governor to accept nominations for the positions of dentist and denturist on the board from statewide associations of dentists and denturists, as well as from other organizations and individuals. It changes the composition of the Subcommittee on Denturists by reducing from 2 to one the number of dentists on the subcommittee and adding a public member. It also requires that any rule adopted by the board that relates to denturist licensure, including interviews for licensing and renewal, continuing education, discipline and inactive licensure status, must be proposed by the Subcommittee on Denturists and requires the board either to proceed with the rule-making process as proposed by the subcommittee's recommendation or, by a vote of more than 2/3 of the board members present and voting, to reject that recommendation. To reject the recommendation, the board must make a specific finding that the recommendation is beyond the jurisdiction of the subcommittee, places an undue financial burden upon the board or is not supported by the record. The amendment provides that the board must adopt the subcommittee's recommended disposition with respect to a complaint involving a denturist or an application for licensure or submission relating to continuing education unless more than 2/3 of the board members who are present and voting vote to reject the subcommittee's recommended disposition and the board makes a specific finding that the recommendation is beyond the jurisdiction of the subcommittee, places an undue financial burden upon the board or is not supported by the record.
It requires the Subcommittee on Denturists to submit its budgetary requirements to the board and requires the subcommittee's budget to be fully funded from revenue generated from denturist licensing fees. It requires the board to compensate the subcommittee for any necessary expenditures incurred by the subcommittee in performing its duties.
It also eliminates the Subcommittee on Dental Hygienists.
It adds an application section and staggers the terms for the 2 new denturist appointments to the board.