1. 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. (1) Instructing on oral hygiene;
   2. (2) Cleaning and disinfecting environmental surfaces and equipment;
   3. (3) Preparing materials for the application of sealants;
   4. (4) Retracting lips, cheek, and tongue;
   5. (5) Placing and removing materials for the isolation of the dentition, if the material is not retained by the dentition;
   6. (6) Transferring instruments and sealants to a dentist or dental hygienist;
   7. (7) Rinsing and aspirating of the oral cavity; and
   8. (8) Sterilizing instruments.

2. B. Under general supervision of a dentist, a dental assistant may only perform the duties enumerated in §A of this regulation:

   1. (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. (2) While assisting a dental hygienist who has received a waiver of on-site supervision under COMAR 10.44.21.

3. C. A dental assistant who provides dental assistant duties under this regulation shall maintain cardiopulmonary resuscitation certification from one of the following programs:

   1. (1) The American Heart Association's Basic Life Support for Healthcare Providers;
   2. (2) The American Red Cross's Cardiopulmonary Resuscitation for Professional Rescuers; or
   3. (3) An equivalent program approved by the Board.
4. 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.

5. 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. (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. (2) Certified by the Dental Assisting National Board as qualified in orthodontics and recognized by the Dental Board as qualified in orthodontics; or
   3. (3) Certified by the Dental Assisting National Board as a certified dental assistant or certified orthodontic assistant.
6. 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.

7. 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. (1) The name of the dentist providing general supervision to the dental assistant;
   2. (2) The name and current address of the dental assistant;
   3. (3) The name and address of each institution where the dental assistant provided dental assistant duties; and
   4. (4) The date the dental assistant provided dental assistant duties.
8. H. This regulation does not affect the duties a dental assistant may lawfully perform under the direct supervision of a dentist under this chapter.

9. I. A violation of this regulation may result in:

   1. (1) Revocation of the facility's right to operate under a waiver of on-site supervision for dental hygienists; or
   2. (2) Revocation of the facility's right to utilize the services of a dental assistant under this regulation.

10. J. Penalties.

    1. (1) For violations of this regulation, a dentist or dental assistant is subject to the penalties contained in Regulation .08 of this chapter.

    2. (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:

       1. (a) Unprofessional conduct under Health Occupations Article, §4-315(b)(3), Annotated Code of Maryland; or
       2. (b) Violating any rule or regulation adopted by the Board under Health Occupations Article, §4-315(b)(9), Annotated Code of Maryland.

Authority: Health Occupations Article, §4-205, Annotated Code of Maryland

Effective date: June 19, 1974

Chapter revised effective July 20, 1981 (8:14 Md. R. 1228)

Chapter revised effective December 31, 1984 (11:26 Md. R. 2278)

Chapter revised effective February 19, 1990 (17:3 Md. R. 300)

Regulation .01B amended effective October 23, 2006 (33:21 Md. R. 1677)

Regulation .02 amended effective June 15, 1998 (25:12 Md. R. 947)

Regulation .02 repealed effective June 25, 2001 (28:12 Md. R. 1110)

Regulation .02 adopted effective October 23, 2006 (33:21 Md. R. 1677)

Regulation .02E amended effective January 7, 2016 (42:26 Md. R. 1595)

Regulation .03 amended effective January 7, 2002 (28:26 Md. R. 2274)

Regulation .04 amended effective January 7, 2002 (28:26 Md. R. 2274)

Regulation .04A amended effective June 6, 2016 (43:11 Md. R. 634)

Regulation .05 amended effective January 7, 2002 (28:26 Md. R. 2274)

Regulation .05A amended effective June 6, 2016 (43:11 Md. R. 634)

Regulation .07 amended effective August 24, 1998 (25:17 Md. R. 1360)