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*hb0373*
HOUSE BILL 373
J2 6lr2540
By: Delegate Kipke
Introduced and read first time: January 19, 2026
Assigned to: Health
Committee Report: Favorable
House action: Adopted
Read second time: February 18, 2026
CHAPTER ______
AN ACT concerning 1
State Board of Dental Examiners – Disciplinary Action and Unannounced 2
Inspections 3
FOR the purpose of authorizing the State Board of Dental Examiners to conduct 4
unannounced inspections of the office of certain dentists to determine compliance 5
with certain guidelines for infection control; altering the grounds for discipline of 6
dentists, dental hygienists, and dental and dental hygienist license applicants; 7
authorizing the Board to take disciplinary action against certified expanded function 8
dental assistants and certificate applicants under certain circumstances; and 9
generally relating to the State Board of Dental Examiners. 10
BY repealing and reenacting, with amendments, 11
Article – Health Occupations 12
Section 4–205(a)(6) and 4–315(a)(30), (37), and (38) and (c)(18) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15
BY adding to 16
Article – Health Occupations 17
Section 4–315(a)(39) and (d) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
2 HOUSE BILL 373
Article – Health Occupations 1
4–205. 2
(a) In addition to the powers set forth elsewhere in this title, the Board may: 3
(6) On receipt of a written and signed complaint, including a referral from 4
the Commissioner of Labor and Industry, conduct an unannounced inspection of the office 5
of a dentist, other than an office of a dentist in a hospital, related institution, freestanding 6
medical facility, or a freestanding birthing center, to determine compliance at that office 7
with the Centers for Disease Control and Prevention’s guidelines on [universal] 8
STANDARD precautions AND THE CENTERS FOR DISEASE CONTROL AND 9
PREVENTION’S GUIDELINES FOR INFECTION CONTROL IN DENTAL HEALTH–CARE 10
SETTINGS; and 11
4–315. 12
(a) Subject to the hearing provisions of § 4 –318 of this subtitle, the Board may 13
deny a general license to practice dentistry, a limited license to practice dentistry, or a 14
teacher’s license to practice dentistry to any applicant, reprimand any licensed dentist, 15
place any licensed dentist on probation, or suspend or revoke the license of any licensed 16
dentist, if the applicant or licensee: 17
(30) Except in an emergency life –threatening si tuation where it is not 18
feasible or practicable, fails to comply with the Centers for Disease Control and 19
Prevention’s guidelines on [universal] STANDARD precautions OR THE CENTERS FOR 20
DISEASE CONTROL AND PREVENTION’S GUIDELINES FOR INFECTION CONTROL IN 21
DENTAL HEALTH–CARE SETTINGS; 22
(37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this 23
title; [or] 24
(38) Allows a dental assistant to assist in the practice of dentistry: 25
(i) In an unauthorized manner in violation of this title or 26
regulations adopted by the Board; 27
(ii) Without specifically instructing the certified dental assistant to 28
perform an intraoral procedure that the certified dental assistant is authorized to perform; 29
or 30
(iii) Failing to provide direct supervision of a dental assistant; OR 31
HOUSE BILL 373 3
(39) EMPLOYS, SUPERVISES, OR USES THE SERVICES OF AN 1
INDIVIDUAL AS AN EXPANDED FUNCTION DENTAL ASSISTANT WHO IS NOT CERTIFIED 2
BY THE BOARD UNDER § 4–301.1 OF THIS SUBTITLE. 3
(c) Subject to the hearing provisions of § 4 –318 of this subtitle, the Board may 4
deny a general license to practice dental hygiene, a teacher’s license to practice dental 5
hygiene, or a temporary license to practice dental hygiene to any applicant, reprimand any 6
licensed dental hygienist, place any li censed dental hygienist on probation, or suspend or 7
revoke the license of any licensed dental hygienist, if the applicant or licensee: 8
(18) Except in an emergency life –threatening situation where it is not 9
feasible or practicable, fails to comply with the Centers for Disease Control and 10
Prevention’s guidelines on [universal] STANDARD precautions OR THE CENTERS FOR 11
DISEASE CONTROL AND PREVENTION’S GUIDELINES FOR INFECTION CONTROL IN 12
DENTAL HEALTH–CARE SETTINGS; 13
(D) SUBJECT TO THE HEARING PROVISIONS OF § 4–318 OF THIS SUBTITLE, 14
THE BOARD MAY DENY A CERTIFICATE TO PRACTICE EXPANDED FUNCTION DENTAL 15
ASSISTING TO ANY APP LICANT, REPRIMAND ANY CERTIFIED EXPANDED FUNCTION 16
DENTAL ASSISTANT , PLACE ANY CERTIFIED EXPANDED FUNCTION DE NTAL 17
ASSISTANT ON PROBATI ON, OR SUSPEND OR REVOKE THE CERTIFICATE OF A NY 18
CERTIFIED EXPANDED F UNCTION DENTAL ASSIS TANT, IF THE APPLICANT OR 19
CERTIFICATE HOLDER: 20
(1) PRACTICES EXPANDED FUNCTION DE NTAL ASSISTING IN AN 21
INCOMPETENT MANNER; 22
(2) FAILS TO CONFORM TO G ENERALLY ACCEPTED ST ANDARDS IN 23
THE PRACTICE OF EXPANDED FUNCTION DENTAL ASSISTING; 24
(3) PERFORMS INTRAORAL FU NCTIONS NOT AUTHORIZ ED BY 25
STATUTE OR THE RULES AND REGULATIONS OF THE BOARD; 26
(4) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO 27
OBTAIN A CERTIFICATE FOR THE APPLICANT OR FOR ANOTHER; 28
(5) FRAUDULENTLY OR DECEPTIVELY USES A CERTIFICATE; 29
(6) IS DISCIPLINED BY A LICENSING OR DISCIPLINARY AUTHORITY OF 30
ANY OTHER STATE OR COUNTRY OR CONVICTED OR DISCIPLINED BY A COURT OF ANY 31
STATE OR COUNTRY , OR DISCIPLINED BY AN Y BRANCH OF THE UNIF ORMED 32
SERVICES OR THE U.S. DEPARTMENT OF VETERANS AFFAIRS FOR AN ACT TH AT 33
WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER THE BOARD’S 34
DISCIPLINARY STATUTES; 35
4 HOUSE BILL 373
(7) VIOLATES ANY RULE OR REGULATION ADOPTED BY THE BOARD; 1
(8) IS CONVICTED OF OR PL EADS GUILTY OR NOLO CONTENDERE TO 2
A FELONY OR A CRIME INVOLVING MORAL TURP ITUDE, WHETHER OR NOT ANY 3
APPEAL OR OTHER PROC EEDING IS PENDING TO HAVE THE CONVICTI ON OR PLEA 4
SET ASIDE; 5
(9) PROVIDES PROFESSIONAL SERVICES WHILE UNDER THE 6
INFLUENCE OF ALCOHOL OR ANY CONTROLLED DANGEROUS SUBSTANCE OR DRUG 7
IN EXCESS OF THERAPEUTIC AMOUNTS; 8
(10) WILLFULLY MAKES OR FI LES A FALSE REPORT O R RECORD OR 9
FAILS TO FILE A REPO RT OR RECORD IN THE PRACTICE OF EXPANDED FUNCTION 10
DENTAL ASSISTING OR WILLFULLY INDUCES ANOTHER TO FILE A FALSE REPORT; 11
(11) REFUSES, WITHHOLDS FROM , DENIES, OR DISCRIMINATES 12
AGAINST AN INDIVIDUA L WITH REGARD TO THE PROVISION OF P ROFESSIONAL 13
SERVICES THAT THE CE RTIFIED INDIVIDUAL I S QUALIFIED TO RENDE R BECAUSE 14
THE INDIVIDUAL IS HIV POSITIVE; 15
(12) EXCEPT IN AN EMERGENC Y LIFE –THREATENING SITUATIO N 16
WHERE IT IS NOT FEASIBLE OR PRACTICABLE, FAILS TO COMPLY WITH THE CENTERS 17
FOR DISEASE CONTROL AND PREVENTION’S GUIDELINES ON STAN DARD 18
PRECAUTIONS OR THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S 19
GUIDELINES FOR INFECTION CONTROL IN DENTAL HEALTH–CARE SETTINGS; 20
(13) FAILS TO COMPLY WITH A BOARD ORDER; 21
(14) IS MENTALLY OR PHYS ICALLY INCOMPETENT T O PRACTICE 22
EXPANDED FUNCTION DENTAL ASSISTING; 23
(15) WILLFULLY AND WITHOUT LEGAL JUSTIFICATION FAILS TO 24
COOPERATE WITH A LAWFUL INVESTIGATION CONDUCTED BY THE BOARD; 25
(16) ENGAGES IN SEXUAL MISCONDUCT; OR 26
(17) BEHAVES DISHONORABLY OR UNPROFESSIONALLY. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29