1. A. With the exception of those facilities identified in Regulations .09A and .10 of this chapter, the Board may grant on a case-by-case basis a waiver of on-site supervision qualifying a facility to permit the practice of dental hygiene under general supervision, after the facility has made application to the Board, if the facility is a health facility that is licensed by the Maryland Department of Health and:

   1. (1) Provides medical care to the poor, elderly, or handicapped;
   2. (2) Is owned or operated by a charitable institution;
   3. (3) Is a federal-qualified or State-qualified community health care program; or
   4. (4) Is a setting otherwise authorized by the Board to provide dental hygiene services.

2. B. The facility shall include in the application for a waiver of on-site supervision the following:

   1. (1) The name of the facility;
   2. (2) The location of the facility;
   3. (3) The name and signature of each supervising dentist responsible for carrying out the requirements necessary for the facility to operate under a waiver of on-site supervision affirming that the dentist understands and accepts those responsibilities;
   4. (4) The name and signature of each dental hygienist who will provide dental hygiene services at the facility under a waiver of on-site supervision affirming that the dental hygienist understands and accepts the terms of the waiver of on-site supervision;
   5. (5) The supervisory responsibilities of the supervising dentist or dentists;
   6. (6) A description of the program and how the program will operate and be administered;
   7. (7) A description of a medical emergency plan of action; and
   8. (8) A description of the facility that demonstrates that it has adequate equipment for the delivery of dental hygiene services, unless the dental hygiene services that are provided are limited to fluoride rinse programs.

3. C. The Board shall grant or deny an application for waiver of on-site supervision:

   1. (1) Within 60 calendar days after receipt of the application by the Board; or
   2. (2) Within 90 calendar days after receipt of the application by the Board, if the Board notifies the applicant that extraordinary circumstances exist.
4. D. If the Board fails to grant or deny an application within the appropriate time, the Board shall consider the application granted.
5. E. The Board may, on written request or its own motion, conduct a public informational hearing on the granting or denial of a waiver of on-site supervision.

Authority: Health Occupations Article, §4-308, Annotated Code of Maryland;
Ch. 221, Acts of 2003; Ch. 164 and 165, Acts of 2007; Ch. 733, Acts of 2010

Effective date:

Regulations .01 — .09 adopted as an emergency provision effective April 11, 1994 (21:9 Md. R. 747); emergency status expired October 7, 1994

Regulations .01 — .09 adopted effective October 10, 1994 (21:20 Md. R. 1733)

Chapter, Waiver of Supervision Requirements for Dental Hygienists, repealed and new chapter, Practice of Dental Hygiene Under General Supervision, adopted effective October 4, 1999 (26:20 Md. R. 1546)

Chapter revised effective December 11, 2003 (30:24 Md. R. 1743)

Regulation .02B amended effective January 26, 2009 (36:2 Md. R. 101)

Regulation .04A amended effective January 26, 2009 (36:2 Md. R. 101)

Regulation .05A amended effective January 26, 2009 (36:2 Md. R. 101)

Regulation .05B amended effective March 14, 2005 (32:5 Md. R. 580)

Regulation .07 amended effective January 26, 2009 (36:2 Md. R. 101)

Regulation .08 amended effective October 22, 2007 (34:21 Md. R. 1916); January 26, 2009 (36:2 Md. R. 101)

Regulation .09 recodified to be Regulation .10 and new Regulation .09 adopted effective October 22, 2007 (34:21 Md. R. 1916)

Regulation .09 repealed and new Regulation .09 adopted effective January 26, 2009 (36:2 Md. R. 101)

Chapter revised effective December 12, 2011 (38:25 Md. R. 1581)