H.B. 230

2. NOT ON THE PREMISES WHILE AUTHORIZED DENTAL
HYGIENE SERVICES ARE PROVIDED WHEN THE REQUIREMENTS OF SUBSECTION (I)
OF THIS SECTION HAVE BEEN FULLY SATISFIED; AND

(ii) Only in a:

1.       Dental office;

2.       Dental clinic;

3.       Hospital;

4.       School;

5.       Charitable institution; or

6.       Health maintenance organization certified by the State
Insurance Commissioner.

(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

- 3539 -

ROBERT L. EHRLICH, JR., Governor