APPROVED CHAPTER
FEBRUARY 29, 2024 515
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 1302 - L.D. 2040
An Act to Restore the Board of Dental Practice's Authority to Issue Letters
of Guidance
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law does not allow the Board of Dental Practice to issue letters of
guidance in matters not relating to complaints filed against licensees; and
Whereas, the board uses letters of guidance primarily to educate licensees in matters
involving licensure applications and supervision responsibilities without filing formal
complaints; and
Whereas, the board has many cases aging on its docket and requiring a formal
complaint to be filed to resolve any matter necessitating a letter of guidance would reduce
the efficiency of the board, take up more board staff time and prevent the board from
addressing other matters; and
Whereas, the elimination of the board's authority in this regard was an error; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24 MRSA §2510, sub-§2-A, as enacted by PL 1997, c. 680, Pt. D, §4, is
amended to read:
2-A. Confidentiality of letters of guidance or concern. Letters of guidance or
concern issued by the board pursuant to Title 10, section 8003, subsection 5, paragraph E,
or Title 32, section 18325, subsection 3 are not confidential.
Sec. 2. 32 MRSA §18325, sub-§3 is enacted to read:
3. Letters of guidance. In addition to the authority conferred under Title 10, section
8003, subsection 5-A, the board may issue a letter of guidance or concern to a licensee or
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registrant. A letter of guidance or concern may be used to educate, reinforce knowledge
regarding legal or professional obligations and express concern over action or inaction by
the licensee or registrant that does not rise to the level of misconduct sufficient to merit
disciplinary action. The issuance of a letter of guidance or concern is not a formal
proceeding and does not constitute an adverse disciplinary action of any form.
Notwithstanding any provision of law to the contrary, a letter of guidance or concern is not
confidential. The board may place a letter of guidance or concern, together with any
underlying complaint, report and investigation materials, in a licensee's or registrant's file
for a specified amount of time, not to exceed 10 years. Any letters, complaints and
materials placed on file may be accessed and considered by the board in any subsequent
action commenced against the licensee or registrant within the specified time frame.
Complaints, reports and investigation materials placed on file are only confidential to the
extent that confidentiality is required pursuant to Title 24, chapter 21.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text ACTPUB , Chapter 515: 24.2510