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144
LAWS OF MARYLAND
Ch.8
REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of Art. 32, § 26(a).
The powers of and limitations on the Board to
adopt rules and regulations authorizing
additional intraoral acts by a licensed dental
hygienist are set forth in a separate section for
emphasis. For other provisions relating to the
power of the Board to adopt rules and
regulations, see § 4-205 of this subtitle.
See also the definition of "practice dental
hygiene" in § 4-101 of this title, which lists
intraoral acts included in the practice of dental
hygiene.
The Commission to Revise the Annotated Code calls
the attention of the General Assembly to
subsection (b)(4) and (6) of this section.
Subsection (b)(4) of this section is extremely
vague, and, therefore, is difficult for the Board
to apply. Subsection (b)(6) of this section
seemingly precludes the Board from authorizing a
licensed dental hygienist to perform any
anesthesia. However, the Board has published a
regulation authorizing "topical anesthetic
application" by a licensed dental hygienist. See
COMAR 10.44.04.03.
4-207. ESTABLISHMENT OF FEES; DISPOSITION OF FUNDS.
(A) ESTABLISHMENT OF FEES.
EXCEPT FOR THE FEES SPECIFICALLY SET BY THIS TITLE, THE
BOARD MAY SET REASONABLE FEES FOR THE ISSUANCE AND RENEWAL
OF LICENSES AND ITS OTHER SERVICES.
(B) DISPOSITION OF FUNDS.
THE BOARD SHALL PAY ALL FUNDS COLLECTED UNDER THIS
TITLE INTO THE GENERAL FUND OF THIS STATE.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 32, § 9.
Subsection (a) of this section is new language
added to clarify the authority of the Board —
under its broad rulemaking power — to set
reasonable fees for the services for which a fee
is not specified in the present law. Although
there are numerous provisions in present Art. 32
that relate to setting fees for various
particular services, these provisions should not
be read to preclude the Board from imposing fees
in other appropriate instances. See, e.g.,
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