Maryland Code § HO-4-205

Section HO-4-205
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(a) In addition to the powers set forth elsewhere in this title, the Board may:
(1) Adopt regulations governing:
(i) The administration of general anesthesia by a licensed
dentist;

(ii) The administration of sedation by a licensed dentist;
(iii) The use of a dental assistant by a licensed dentist in
performing intraoral procedures, including:
1. Reasonable policies and guidelines for a dental
assistant to assist in performing intraoral procedures authorized under § 4-301(a) of
this title; and
2. Subject to § 4-302.1(e) of this title, reasonable
education or training requirements for an individual to become an expanded function
dental assistant and perform the intraoral procedures authorized under § 4-301.1(b)
of this title;
(iv) Subject to subsection (b) of this section, the issuance of a
permit to a facility not otherwise regulated where a dentist administers or has
general anesthesia or sedation administered;
(v) Subject to subsection (b) of this section, the issuance of a
permit to a dentist who administers or has general anesthesia or sedation
administered;
(vi) Reasonable requirements for the training and evaluation
of a dentist before the dentist may administer general anesthesia or sedation other
than nitrous oxide administered alone and not in conjunction with:
1. Another method of diminishing or eliminating pain;
or
2. Medication used for diminishing or eliminating
anxiety;
(vii) Reasonable requirements for:
1. The education, training, evaluation, and
examination of a dental hygienist before the dental hygienist may perform manual
curettage in conjunction with scaling and root planing; and
2. Performance by a dental hygienist of manual
curettage in conjunction with scaling and root planing;
(viii) Reasonable requirements for:

1. The education, training, evaluation, and
examination of a dental hygienist before the dental hygienist may administer local
anesthesia under § 4-206.1 of this subtitle; and
2. Administering by a dental hygienist of local
anesthesia under § 4-206.1 of this subtitle;
(ix) Reasonable requirements for:
1. The education, training, evaluation, and
examination of a dental hygienist before a dental hygienist may administer nitrous
oxide under § 4-206.2 of this subtitle; and
2. Administering nitrous oxide by a dental hygienist
under § 4-206.2 of this subtitle;
(x) Reasonable requirements for the education, training,
evaluation, and examination of a dental hygienist before a dental hygienist may
administer local anesthesia by inferior alveolar nerve block under § 4-206.3 of this
subtitle;
(xi) Reasonable requirements for:
1. The education, training, evaluation, and
examination of a dental hygienist before a dental hygienist may prescribe or
administer medication under § 4-206.4 of this subtitle; and
2. Prescribing or administering medication by a dental
hygienist under § 4-206.4 of this subtitle;
(xii) The discipline of a holder of any facility or administration
permit for the administration of general anesthesia or sedation; and
(xiii) The release of patient dental records;
(2) After consulting with the State Board of Pharmacy, adopt
regulations regarding the dispensing of prescription drugs by a licensed dentist;
(3) On receipt of a written and signed complaint, investigate an
alleged violation of this title;
(4) After consulting with the Maryland Dental Hygienists'
Association, adopt regulations establishing continuing education requirements for
licensed dental hygienists;

(5) Adopt regulations establishing continuing education
requirements for licensed dentists;
(6) On receipt of a written and signed complaint, including a referral
from the Commissioner of Labor and Industry, conduct an unannounced inspection
of the office of a dentist, other than an office of a dentist in a hospital, related
institution, freestanding medical facility, or a freestanding birthing center, to
determine compliance at that office with the Centers for Disease Control and
Prevention's guidelines on universal precautions; and
(7) Establish committees from among its members to facilitate and
assist the Board in discharging its duties and responsibilities under this title by
evaluating, reviewing, and making recommendations to the Board on matters
referred to the committees by the Board. The committees established shall include,
but may not be limited to:
(i) A nominations committee;
(ii) A regulations committee;
(iii) A committee on dental hygiene composed of 3 dental
hygienists, 1 dentist, and 1 consumer to which the Board shall refer all matters
within the Board's jurisdiction under this title relating to or affecting the practice of
dental hygiene for the committee's evaluation, review, and recommendation;
(iv) A disciplinary committee; and
(v) Such other committees as the Board considers appropriate.
(b) The Board may not require a facility or a dentist to obtain a permit if a
dentist:
(1) Administers nitrous oxide that is not administered in conjunction
with:
(i) Another method of diminishing or eliminating pain; or
(ii) Medication used for diminishing or eliminating anxiety; or
(2) Prescribes or administers oral medication to a patient within the
maximum recommended dosage for that patient for the sole purpose of diminishing
or eliminating anxiety that is not prescribed in conjunction with:

(i) Another method of diminishing or eliminating pain; or
(ii) The administration of nitrous oxide.
(c) (1) In addition to the duties set forth elsewhere in this title, the
Board shall:
(i) Keep a record of each license and each action taken under
§ 4-315 of this title;
(ii) Have an official seal;
(iii) Be trained for at least 1 hour each year on the powers,
duties, and procedures, including complaint and hearing procedures, of the Board;
(iv) 1. Require applicants for an initial license and
applicants for a license renewal to report whether the applicant provides or intends
to provide mobile dental services or portable dental services; and
2. Publish on the Board's website a searchable list of
licensed dentists and licensed dental hygienists who provide mobile dental services
or portable dental services in the State; and
(v) Adopt rules, regulations, and bylaws as may be necessary
to carry out the provisions of this title.
(2) To be determined to be in compliance with the training
requirement under paragraph (1)(iii) of this subsection, the Board shall:
(i) Select an attorney, after consultation with the Maryland
State Bar Association, with the appropriate expertise to provide the training to the
Board;
(ii) Require each member of the Board to attend the training
and receive documentation of completion from the attorney providing the training;
and
(iii) Include a summary of the training and attendance in the
Board's annual report.

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