PROPOSAL
Maryland Register
Issue Date: January 20, 2017
Volume 44 • Issue 2 • Page 134
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 44 BOARD OF DENTAL EXAMINERS
10.44.23 Unprofessional Conduct
Authority: Health Occupations Article, §§4-205(c)(3) and 4-315(a)(16) and (b)(3), Annotated Code of Maryland
Notice of Proposed Action
[17-037-P-I]
The Secretary of Health and Mental Hygiene proposes to adopt new Regulations .01 and .02, amend and recodify existing Regulation .01 to be Regulation .03, and recodify existing Regulation .02 to be Regulation .04 under COMAR 10.44.23 Unprofessional Conduct. This action was considered by the Board of Dental Examiners at a public meeting held on October 5, 2016 notice of which was given under the Notice of Public Meetings link on the Board’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to require dentists to comply with the Principles of Ethics and Code of Professional Conduct (American Dental Association, With official advisory opinions revised to September 2016), and require dental hygienists to comply with the Code of Ethics for Dental Hygienists (American Dental Hygienists’ Association, June 23, 2014). This comports with Health Occupations Article, §4-315(a)(16), Annotated Code of Maryland, which prohibits a dentist from violating a professional code of ethics pertaining to the dentistry profession, and Health Occupations Article, §4-315(b)(3), Annotated Code of Maryland, which prohibits a dental hygienist from violating a professional code of ethics pertaining to the dental hygiene profession. In addition, the proposal provides that it shall constitute unprofessional conduct for a dentist to fail to comply with the requirements of the Prescription Drug Monitoring Program as established in Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland, and COMAR 10.47.07.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government Article, §7-207, Annotated Code of Maryland, (1) Principles of Ethics and Code of Professional Conduct (American Dental Association, with official advisory opinions revised to September 2016); and (2) Bylaws — Code of Ethics (for Dental Hygienists), (American Dental Hygienists’ Association, June 23, 2014) have been declared documents generally available to the public and appropriate for incorporation by reference. For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories was published in 44:1 Md. R. 9 (January 6, 2017), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.01 Definition.
A. In this chapter, the following term has the meaning indicated.
B. Term Defined. “Legitimate patient” means a patient who has an existing written dental record or who has one created within 72 hours of the patient’s first communication with the dentist.
.02 Incorporation by Reference.
In this chapter, the following documents are incorporated by reference.
A. Principles of Ethics and Code of Professional Conduct (American Dental Association, With official advisory opinions revised to September 2016).
B. Bylaws — Code of Ethics (for Dental Hygienists), (American Dental Hygienists’ Association, June 23, 2014).
[.01] .03 Unprofessional or Dishonorable Conduct.
[A. Definition.
(1) In this regulation, the following term has the meanings indicated.
(2) Term defined. “Legitimate patient” means a patient who has an existing written dental record or who has one created within 72 hours of the patient’s first communication with the dentist.]
[B.] A.—[D.] C. (text unchanged)
D. Dentists.
(1) In addition to the requirements stated in §§A—C of this regulation, a dentist shall comply with the Principles of Ethics and Code of Professional Conduct.
[E.] (2) It shall constitute unprofessional and dishonorable conduct for a dentist to:
[(1)] (a)―[(3)] (c) (text unchanged)
[(4)] (d) Sell, prescribe, trade, give away, or administer a prescription drug for any illegal or illegitimate purpose; [and]
[(5)] (e) Treat family members or staff differently than any other patient by:
[(a)] (i) (text unchanged)
[(b)] (ii) Not adhering to all record retention requirements in accordance with Health General Article, §4-403, Annotated Code of Maryland; and
(f) Fail to comply with the requirements of the Prescription Drug Monitoring Program as established in Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland, and COMAR 10.47.07.
E. Dental Hygienists. In addition to the requirements stated in §§A—C of this regulation, a dental hygienist shall comply with the Bylaws — Code of Ethics (for Dental Hygienists).
VAN T. MITCHELL
Secretary of Health and Mental Hygiene