Maine Dental Practice Act and Board Rules
Domain focus
This domain tests how Maine regulates dentistry: the statutory grant of authority, the Board's rulemaking and disciplinary powers, and the conduct standards a licensee must meet. Expect questions that ask which body has authority, what conduct is actionable, and how the Act and Board rules interact.
The statutory architecture
Maine dentistry is governed by the Dental Practice Act, 32 M.R.S. ch. 143, and the Board of Dental Practice's rules, 02-313 CMR. The Board sits within the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation. The Act creates the Board, defines the practice of dentistry and dental hygiene, sets licensing and disciplinary authority, and lists prohibited conduct. Board rules supply the operational detail: application procedures, continuing education, infection control, recordkeeping, anesthesia and sedation permits, and supervision standards.
Conduct that draws discipline
The Board may act on grounds such as practicing beyond the license's scope, obtaining a license by fraud or misrepresentation, practicing while impaired, failing to keep adequate patient records, breaching confidentiality, false or misleading advertising, fee-splitting, and aiding or abetting unlicensed practice. Sanctions range from reprimand and fine to restriction, suspension, or revocation. The Board may seek emergency action where continued practice poses immediate risk.
Records and cooperation
A licensee must maintain a treatment record for each patient and produce records when the Board investigates a complaint. Failing to cooperate with an investigation is itself a disciplinary exposure.
Worked example
A dentist lets an untrained assistant perform scaling and root planing. The dentist faces two separate theories: delegating a procedure outside what may be delegated, and aiding unlicensed practice. The assistant is practicing dental hygiene without a license. The dentist's belief that the assistant "seemed trained" is no defense; the Act, not office custom, determines who may perform scaling.
Traps that cost marks
Treating Board rules as nonbinding guidance. Assuming a license cannot be restricted before a full hearing. Confusing the criminal standard with the administrative standard, which does not require proof beyond a reasonable doubt. Forgetting that unprofessional conduct includes record and advertising failures, not just clinical errors.