Issue Date: December 27, 2013
Volume 40 • Issue 26 • Page 2190
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 44 BOARD OF DENTAL EXAMINERS
10.44.23 Unprofessional Conduct
Authority: Health Occupations Article, §§4-205(c)(3) and 4-315(a)(16), Annotated Code of Maryland
Notice of Proposed Action
The Secretary of Health and Mental Hygiene proposes to amend Regulation .01 under COMAR 10.44.23 Unprofessional Conduct. This action was considered by the Board of Dental Examiners at a public meeting held on October 2, 2013 notice of which was given under the Notice of Public Meetings link on the Board’s website pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to specify that the following actions constitute unprofessional and dishonorable conduct for a dentist:
(1) Self-prescribing prescription medications;
(2) Prescribing prescription medications for individuals who are not legitimate patients or prescribing prescription medications to legitimate patients for purposes other than for therapeutic purposes;
(3) Selling, prescribing, trading, giving away, or administering prescription drugs for any illegal or illegitimate purpose; and
(4) Not maintaining and retaining adequate dental records when treating family members or dental office staff.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to firstname.lastname@example.org, or fax to 410-767-6483. Comments will be accepted through January 27, 2014. A public hearing has not been scheduled.
.01 Unprofessional or Dishonorable Conduct.
A. (text unchanged).
B. The following shall constitute unprofessional or dishonorable conduct in the practice of dentistry, dental hygiene, or dental radiation technology:
(1)—(4) (text unchanged)
(5) Committing an act of sexual misconduct as described in [§B] §C of this regulation;
(6)—(8) (text unchanged)
C. (text unchanged)
D. It shall constitute unprofessional and dishonorable conduct for a dentist to:
(1) Self-prescribe prescription medications except that a dentist may self-prescribe when necessary to order prescription medications for dental office inventory for patient use only;
(2) Prescribe prescription medications for individuals who are not legitimate patients;
(3) Prescribe prescription medications to legitimate patients other than for therapeutic purposes;
(4) Sell, prescribe, trade, give away, or administer a prescription drug for any illegal or illegitimate purpose; and
(5) Treat family members or staff differently than any other patient by:
(a) Not maintaining accurate records of all treatment provided in accordance with COMAR 10.44.30, including:
(i) Financial records; and
(ii) Records of all medication prescribed; and
(b) Not adhering to all record retention requirements in accordance with Health General Article, §4-403, Annotated Code of Maryland.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene