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Emergency Law Inventory | Full Law Text

Law Number

Md. HEALTH OCCUPATIONS Code Ann. 4-308(h)

Summary Title

Temporary Volunteer License: Dental Hygienist

Summary

An out-of-state licensed dental hygienist can apply for a temporary volunteer license to provide their services at temporary dental clinic. This license only lasts for the duration of the temporary dental clinic. A dental hygienist holding a temporary volunteer license cannot administer local anesthesia or administer, maintain, or monitor nitrous oxide oxygen

Full Title

Scope of Licensure

Full Text

(h) Temporary volunteer dental hygienist's license. -- (1) While it is effective, a temporary volunteer dental hygienist's license issued under this title authorizes the licensee to practice dental hygiene: (i) Only in a temporary dental clinic providing medical care to the poor, elderly, or disabled that is operated by: 1. A bona fide charitable organization; 2. The State or a local government; or 3. A local health department; (ii) If the dental hygienist holds a general license to practice dental hygiene in another state that permits clinical practice and the dental hygienist is not subject to clinical restrictions; (iii) In addition to holding a general license to practice dental hygiene, if the dental hygienist: 1. Provides documentation as required by the Board which evidences that the dental hygienist passed the North East Regional Board Clinical Examination; or 2. Submits to the Board a notarized affidavit or other evidence satisfactory to the Board indicating that for the 3 years preceding application, the dental hygienist has actively engaged in practicing dental hygiene for at least 150 hours on average per year; (iv) If the dental hygienist has fulfilled any requirements of the Board related to knowledge of the laws and regulations governing the practice of dental hygiene in the State; (v) If the dental hygienist provides a notarized affidavit to the Board agreeing to donate dental hygiene services without compensation for a temporary dental clinic that satisfies the requirements of subsection (i) of this section; (vi) If the dental hygienist provides documentation as required by the Board evidencing that the dental hygienist is covered by malpractice insurance; (vii) If the dental hygienist does not otherwise practice dental hygiene for profit in the State; and (viii) If the dental hygienist provides verification of current cardiopulmonary resuscitation certification. (2) A dental hygienist who holds a temporary volunteer dental hygienist's license may only provide services authorized under the Maryland Dentistry Act and the regulations adopted by the Board. (3) A dental hygienist who holds a temporary volunteer dental hygienist's license may not: (i) Administer local anesthesia; or (ii) Administer, maintain, or monitor nitrous oxide oxygen. (4) While it is effective, a temporary volunteer dental hygienist's license issued under this title authorizes the licensee to practice dental hygiene under the general supervision of a dentist who: (i) Is on the premises; (ii) Examines the patient at any time during the treatment; and (iii) Is available for personal consultation while the services are being performed. (5) A dental hygienist may perform an assessment of dental needs and provide dental hygiene services prior to an examination by a supervising dentist. (6) This subsection may not be construed to: (i) Require a preliminary dental examination or treatment by a dental hygienist; or (ii) Prohibit a supervising dentist from either examining a patient or providing treatment to a patient prior to treatment by a dental hygienist. (7) The Board may deny a temporary volunteer license to practice dental hygiene on the grounds provided under § 4-315 of this subtitle. (8) A temporary volunteer dental hygienist's license issued to a dental hygienist under this section shall be issued for the duration of the temporary dental clinic only and may not be renewed. (9) The Board may issue a temporary volunteer dental hygienist's license to a dental hygienist who previously held a temporary volunteer dental hygienist's license if the dental hygienist applies for a new license and satisfies the requirements of this subtitle. (10) The Board may not require continuing education as a condition for the issuance of a temporary volunteer dental hygienist's license. (i) Temporary dental clinic permit. -- (1) While it is effective, a temporary dental clinic permit issued to a bona fide charitable organization under this title authorizes the permit holder to utilize holders of a temporary volunteer dentist's license or a temporary volunteer dental hygienist's license to provide dental services to the poor, elderly, or disabled at a temporary dental clinic that is operated by the bona fide charitable organization. (2) The Board shall issue a temporary dental clinic permit to a bona fide charitable organization that meets the requirements of this subsection. (3) A temporary dental clinic permit issued to a bona fide charitable organization under this title shall be issued for the duration of the dental clinic only and may not be renewed. (4) The Board may issue a temporary dental clinic permit to a bona fide charitable organization that previously held a temporary dental clinic permit if the bona fide charitable organization applies for a new permit and satisfies the requirements of this subtitle. (5) A bona fide charitable organization that conducts a temporary dental clinic under this title may not be construed to be practicing dentistry as defined in § 4-101 of this title. (6) (i) The State, a local government, or a local health department that provides dental services to the poor, elderly, or disabled: 1. May not be required by the Board to seek authorization under this title to provide the services; and 2. Shall provide written notice to the Board of its intention to provide dental services to the poor, elderly, or disabled at least 60 days prior to the date the services are to be provided. (ii) A holder of an out-of-state license to practice dentistry or dental hygiene who would like to provide dental services sponsored by the State, a local government, or a local health department shall obtain a temporary volunteer dentist's license or temporary volunteer dental hygienist's license as provided in this title before providing the dental services. (7) A holder of a temporary dental clinic permit shall have: (i) A medical emergency plan; (ii) Adequate equipment, including portable equipment where appropriate, and appropriate armamentarium available for the appropriate delivery of dental services; and (iii) Adequate safeguards to protect the health and safety of patients. (8) The Board may: (i) Enter and inspect a temporary dental clinic in order to carry out a duty under this title; and (ii) Conduct an investigation of a temporary dental clinic or a holder of a temporary volunteer dentist's license or a temporary volunteer dental hygienist's license providing dental services at the temporary dental clinic.