A. Notwithstanding any other provisions of this chapter, a dental assistant may provide the following dental assisting duties under the general supervision of a dentist for a dental sealant program:
(1) Instructing on oral hygiene;
(2) Cleaning and disinfecting environmental surfaces and equipment;
(3) Preparing materials for the application of sealants;
(4) Retracting lips, cheek, and tongue;
(5) Placing and removing materials for the isolation of the dentition, if the material is not retained by the dentition;
(6) Transferring instruments and sealants to a dentist or dental hygienist;
(7) Rinsing and aspirating of the oral cavity; and
(8) Sterilizing instruments.
B. Under general supervision of a dentist, a dental assistant may only perform the duties enumerated in §A of this regulation:
(1) For a facility that has been granted a waiver of on-site supervision for a dental hygienist under COMAR 10.44.21; and
(2) While assisting a dental hygienist who has received a waiver of on-site supervision under COMAR 10.44.21.
C. A dental assistant who provides dental assistant duties under this regulation shall maintain cardiopulmonary resuscitation certification from one of the following programs:
(1) The American Heart Association's Basic Life Support for Healthcare Providers;
(2) The American Red Cross's Cardiopulmonary Resuscitation for Professional Rescuers; or
(3) An equivalent program approved by the Board.
D. A dental assistant who provides dental assistant duties under this regulation shall have at least 400 hours of dental assisting clinical practice in direct patient care.
E. A dental assistant who provides dental assistant duties under this regulation shall successfully complete a Board-approved course of at least 2 hours in infection control with OSHA protocol if the dental assistant is not:
(1) Certified by the Dental Assisting National Board as qualified in general duties and recognized by the Dental Board as qualified in general duties;
(2) Certified by the Dental Assisting National Board as qualified in orthodontics and recognized by the Dental Board as qualified in orthodontics; or
(3) Certified by the Dental Assisting National Board as a certified dental assistant or certified orthodontic assistant.
F. A facility that uses a dental assistant to provide dental assistant duties under this regulation shall ensure that there is a written agreement between the supervising dentist and the dental assistant practicing under general supervision that clearly sets forth the terms and conditions under which the dental assistant may practice, including a statement that the dental assistant may provide dental assistant duties without the supervising dentist on the premises.
G. Each facility that uses the services of a dental assistant to provide dental assistant duties under this regulation shall maintain for 5 years for inspection by the Board:
(1) The name of the dentist providing general supervision to the dental assistant;
(2) The name and current address of the dental assistant;
(3) The name and address of each institution where the dental assistant provided dental assistant duties; and
(4) The date the dental assistant provided dental assistant duties.
H. This regulation does not affect the duties a dental assistant may lawfully perform under the direct supervision of a dentist under this chapter.
I. A violation of this regulation may result in:
(1) Revocation of the facility's right to operate under a waiver of on-site supervision for dental hygienists; or
(2) Revocation of the facility's right to utilize the services of a dental assistant under this regulation.
(1) For violations of this regulation, a dentist or dental assistant is subject to the penalties contained in Regulation .08 of this chapter.
(2) A dental hygienist who uses the services of a dental assistant who is not qualified or for purposes other than what are permitted under this regulation may be found guilty of:
(a) Unprofessional conduct under Health Occupations Article, §4-315(b)(3), Annotated Code of Maryland; or
(b) Violating any rule or regulation adopted by the Board under Health Occupations Article, §4-315(b)(9), Annotated Code of Maryland.