Ch. 221                                    2003 LAWS OF MARYLAND

(2)     The Board may waive, on a case by case basis only, the supervision
requirements of this subsection for:

(i) A dental facility owned and operated by the federal, the State,
or a local government;

(ii) A health facility licensed by the Department of Health and
Mental Hygiene;

(iii) A facility providing medical care to the poor, elderly, or
handicapped that is owned and operated by:

1.       The State or a local government; or

2.       A bona fide charitable organization; or

(iv) Any other setting authorized under regulations adopted by the
Board.

(3)     The Board may grant a waiver under paragraph (2) of this subsection
if:

(i) The facility requesting the waiver has submitted a written
application;

(ii) The facility requesting the waiver has submitted a medical
emergency plan of action at the time of application; and

(iii) The Board finds that:

1.       Good cause exists to justify the granting of the waiver;

2.       Adequate facilities and equipment, including portable
equipment where appropriate and appropriate armamentarium, are available for the
appropriate delivery of dental hygiene services; and

3.       Adequate safeguards are present to protect the patient's
health and safety.

(4)     (i) The Board, upon written request or its own motion, may
conduct a public informational meeting on any waiver application.

(ii) The Board shall maintain records of all waiver applications and
the criteria and basis for its action on each application.

(iii) The Board shall have the power to inspect or review any facility,
location, person, or entity applying for, covered by, or acting under a waiver.

(5)     (i) Except as provided under subparagraph (ii) of this paragraph,
the Board shall accept or deny a waiver under paragraph (2) of this subsection within
60 calendar days of the receipt of the application for the waiver or it shall be deemed
to have been accepted.

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