Maryland Dental Practice Act and statutory framework
Sources of authority
Maryland dental hygiene jurisprudence tests how well you can locate and apply the state's dental practice law. The primary statute is the Dental Practice Act in the Health Occupations Article, Title 4, Annotated Code of Maryland. Detailed operational rules are in COMAR 10.44. The Maryland State Board of Dental Examiners licenses dentists, dental hygienists, and dental assistants, adopts regulations, investigates complaints, and imposes discipline. The statute defines practice and penalties; regulations fill in supervision, infection control, recordkeeping, and renewal details.
Core rules
- A person must hold a valid Maryland license to perform dental hygiene for compensation, unless a specific statutory exemption applies.
- A license is personal. It cannot be lent, sold, or used by another person.
- The Board may discipline a licensee for unprofessional conduct, incompetence, fraud, impairment, or practicing beyond scope.
- Statutory authority controls over a regulation; a regulation controls over a board policy statement or FAQ.
Worked example
A dentist tells an uncertified dental assistant to scale calculus because the hygienist is late. Scaling is part of dental hygiene and requires a license. The assistant may face unlicensed-practice consequences, and the dentist may face discipline for aiding unlicensed practice. The hygienist is not automatically liable unless she directed, permitted, or participated in the delegation.
Traps that cost marks
Do not assume the Board regulates only dentists. Do not treat a board newsletter or guideline as if it were a statute. Read the question for whether the conduct is defined in the Act, in COMAR, or both; either source can support a violation.