Maine Revised Statutes Title 32 Sec. 18305 – Persons and practices not affected; exemptions
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1. Persons and practices not affected. Nothing in this chapter may be construed to limit, enlarge or affect the practice of persons licensed to practice medicine, osteopathy or dentistry in this State. Nothing in this chapter may be construed to prohibit a duly qualified dental surgeon or dental hygienist from performing work or services performed by a denturist licensed under this chapter to the extent those persons are authorized to perform the same services under other state law.
[PL 2015, c. 429, §21 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18305
- Board: means the Board of Dental Practice established in Title 5, section 12004?A, subsection 10. See Maine Revised Statutes Title 32 Sec. 18302
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dental hygiene: means the delivery of preventative, educational and clinical services supporting total health for the control of oral disease and the promotion of oral health provided by a dental hygienist in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 18302
- Dental hygienist: means a person who holds a valid license as a dental hygienist issued by the board. See Maine Revised Statutes Title 32 Sec. 18302
- Dental radiography: means the use of ionizing radiation on the maxilla, mandible and adjacent structures of human beings for diagnostic purposes while under the general supervision of a dentist or an independent practice dental hygienist in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 18302
- Dental therapy: means the delivery of dental hygiene services, including performance of certain dental procedures in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 18302
- Dentist: means a person who holds a valid dentist license issued by the board. See Maine Revised Statutes Title 32 Sec. 18302
- Dentistry: means the scope of practice for a dentist as described in section 18371. See Maine Revised Statutes Title 32 Sec. 18302
- Denture: means any removable full or partial upper or lower prosthetic dental appliance to be worn in the human mouth to replace any missing natural teeth. See Maine Revised Statutes Title 32 Sec. 18302
- Denturism: means the process of obtaining denture impressions and bite registrations for the purpose of making, producing, reproducing, constructing, finishing, supplying, altering or repairing a denture to be fitted to an edentulous or partially edentulous arch or arches and the fitting of a denture to an edentulous or partially edentulous arch or arches, including the making, producing, reproducing, constructing, finishing, supplying, altering and repairing of dentures, without performing alteration to natural or reconstructed tooth structure, in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 18302
- Denturist: means a person who holds a valid denturist license issued by the board. See Maine Revised Statutes Title 32 Sec. 18302
- Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 18302
- Direct supervision: means the supervision required of those tasks and procedures requiring the physical presence of the supervisor in the practice setting at the time such tasks or procedures are being performed. See Maine Revised Statutes Title 32 Sec. 18302
- Expanded function dental assisting: means performing certain dental procedures under the supervision of a dentist in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 18302
- General supervision: means the supervision of those tasks and procedures that do not require the physical presence of the supervisor in the practice setting while procedures are being performed but do require the tasks and procedures to be performed with the prior knowledge and consent of the supervisor. See Maine Revised Statutes Title 32 Sec. 18302
- Local anesthesia: means a drug, element or other material that results in a state of insensibility of a circumscribed area or the loss of sensation in some definite, localized area without inhibition of conscious processes. See Maine Revised Statutes Title 32 Sec. 18302
- Supervision: means either direct supervision or general supervision as determined by the tasks and procedures that are being performed in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 18302
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Exemptions. The requirement of a license under this chapter does not apply to:
A. A resident physician or a student enrolled in and attending a school or college of medicine or osteopathy; [PL 2015, c. 429, §21 (NEW).]
B. A licensed physician or surgeon who practices under the laws of this State, unless that person practices dentistry as a specialty; [PL 2015, c. 429, §21 (NEW).]
C. A qualified anesthetist or nurse anesthetist who provides an anesthetic for a dental operation; a certified registered nurse under the direct supervision of either a licensed dentist who holds a valid sedation or general anesthesia permit or a licensed physician who provides an anesthetic for a dental operation; a certified registered nurse under the direct supervision of a licensed dentist or physician who removes sutures, dresses wounds or applies dressings and bandages; and a certified registered nurse under the direct supervision of a licensed dentist or physician who injects drugs subcutaneously or intravenously; [PL 2015, c. 429, §21 (NEW).]
D. A person serving in the United States Armed Forces or the United States Department of Health and Human Services, Public Health Service or employed by the United States Department of Veterans Affairs or other federal agency while performing official duties, if the duties are limited to that service or employment; [PL 2015, c. 429, §21 (NEW).]
E. A graduate dentist or dental surgeon in the United States Army, Navy or Air Force; the United States Department of Health and Human Services, Public Health Service; the United States Coast Guard; or United States Department of Veterans Affairs who practices dentistry in the discharge of official duties; [PL 2015, c. 429, §21 (NEW).]
F. A person having a current license to perform radiologic technology pursuant to section 9854 and who is practicing dental radiography under the general supervision of a dentist or physician; [PL 2015, c. 429, §21 (NEW).]
G. A dentist licensed in another state or country at meetings of the Maine Dental Association or its affiliates or other like dental organizations approved by the board, while appearing as a clinician; [PL 2015, c. 429, §21 (NEW).]
H. Any person, association, corporation or other entity who fills a prescription from a dentist for the construction, reproduction or repair of prosthetic dentures, bridges, plates or appliances to be used or worn as substitutes for natural teeth; [PL 2015, c. 429, §21 (NEW).]
I. A dental laboratory technician constructing, altering, repairing or duplicating a denture, plate, partial plate, bridge, splint, orthodontic or prosthetic appliance with a prescription as set forth in section 18371, subsection 6; [PL 2015, c. 429, §21 (NEW).]
J. A student enrolled in a dental assisting program or a board-approved dental program, dental hygiene program, dental therapy program, expanded function dental assisting program, dental radiography program or denturism program practicing under the direct or general supervision of that student’s instructors; and [PL 2017, c. 388, §6 (AMD).]
K. [PL 2017, c. 388, §7 (RP).]
L. An individual licensed under this chapter who is registered and practicing under the direct supervision of a dentist as set forth in section 18348, subsection 2 or 3 for the purpose of obtaining clinical experience needed for meeting the requirements to administer sedation, local anesthesia or general anesthesia. [PL 2015, c. 429, §21 (NEW).]
[PL 2017, c. 388, §§6, 7 (AMD).]
SECTION HISTORY
PL 2015, c. 429, §21 (NEW). PL 2017, c. 388, §§6, 7 (AMD).