10.44.21.09

.09 Exceptions.

A. This regulation applies to the following facilities:

(1) A dental facility owned and operated by:

(a) The federal government;

(b) The State government; or

(c) A county or local government;

(2) A public health department of:

(a) The State; or

(b) A county or local government;

(3) A public school of:

(a) The State; or

(b) A county or local government;

(4) A facility in which a program licensed by the Maryland Department of Health is operating;

(5) A facility owned and operated by the Department of Juvenile Services;

(6) A facility owned and operated by the State, county, or local government that provides medical care to the poor, elderly, or handicapped;

(7) A facility in which a federally qualified health center or a federally qualified health center look-alike is located; or

(8) A facility in which a State-licensed Head Start Program or Early Head Start Program operates.

B. A general license to practice dental hygiene authorizes the licensee to practice dental hygiene under general supervision in a facility identified in §A of this regulation and apply:

(1) Sealants;

(2) Fluoride agents, such as professional topical fluoride agents;

(3) Mouth wash; or

(4) Varnish.

C. The Board may not require a facility identified in §A of this regulation to obtain a waiver in order to practice in accordance with §B of this regulation.

D. Before a facility may allow a dental hygienist to practice dental hygiene in a facility identified in §A of this regulation, the facility shall report to the Board:

(1) That the facility is operating under general supervision;

(2) The identity of each hygienist employed by the facility; and

(3) The identity of each supervising dentist.

E. A facility that authorizes a dental hygienist to practice dental hygiene in a facility identified in §A of this regulation shall insure that the supervising dentist for the facility:

(1) Holds an active general license to practice dentistry in the State;

(2) Holds a current certificate evidencing Health Care Provider Level C Proficiency, or its equivalent, in Cardiopulmonary Resuscitation; and

(3) Has at least 2 years of active clinical practice in direct patient care.

F. A facility that authorizes a dental hygienist to practice dental hygiene in a facility identified in §A of this regulation shall insure that the dental hygienist:

(1) Holds an active general license to practice dental hygiene in the State;

(2) Holds a current certificate evidencing Health Care Provider Level C Proficiency, or its equivalent, in Cardiopulmonary Resuscitation;

(3) Has at least 2 years of active clinical practice in direct patient care; and

(4) Is a permanent or contractual employee of:

(a) The federal government;

(b) A state government;

(c) A county or local government; or

(d) A federally qualified health center.

G. A facility that authorizes a dental hygienist to practice dental hygiene in a facility identified in §A of this regulation shall insure that:

(1) The facility has a medical emergency plan;

(2) Adequate equipment, including portable equipment where appropriate and appropriate armamentarium, is available for the appropriate delivery of dental hygiene services; and

(3) Adequate safeguards are present to protect the patient's health and safety.