SB 169
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 169 (Senator West)
Education, Health, and Environmental Affairs Health and Government Operations
and Judicial Proceedings
Health Occupations - Violations of the Maryland Dentistry Act - Penalties and
Cease and Desist Orders
This bill increases the criminal penalties for practicing dentistry without a license and
misrepresentation to the public, and categorizes the offense as a felony rather than a
misdemeanor. The bill exempts specified persons from these penalties as well as from the
existing criminal penalty for the unauthorized practice of dental hygiene, the aiding or
abetting of the unauthorized practice of dental hygiene, or misrepresentation to the public.
The bill also increases the criminal penalty for specified provisions relating to dental
laboratory work and advertising a dental appliance. The State Board of Dental Examiners
may issue a cease and desist order for practicing dentistry without a license or for
misrepresentation to the public, as well as for violations of specified provisions relating to
dental laboratory work.
Fiscal Summary
State Effect: Potential minimal increase in general fund revenues from enhanced civil
fines. The bill’s requirements can likely be handled with existing budgeted resources.
Local Effect: The bill likely does not materially affect local finances or operations.
Small Business Effect: Minimal.
Analysis
Bill Summary: A person who practices or attempts to practice dentistry without a license
or misrepresents authorization to practice dentistry is guilty of a felony and on conviction
is subject to a maximum penalty of either a $5,000 fine or one year imprisonment for a
first offense. The maximum penalty for a subsequent offense increases to either a
$20,000 fine per day or five years imprisonment. These provisions do not apply to a person
whose license has been expired for six months or less.
The bill specifies that a person whose license has been expired for six months or less is not
subject to the existing criminal penalty for practicing or attempting to practice dental
hygiene without a license, aiding or abetting the unauthorized practice of dental hygiene,
or misrepresenting authorization to practice dental hygiene.
A person who violates specified provisions relating to dental laboratory work or advertising
a dental appliance is guilty of a felony and on conviction is subject to a maximum penalty
of either a $2,000 fine per day or two years imprisonment.
Current Law: Under the Health Occupations Article, an individual must obtain a license
from the State Board of Dental Examiners in order to practice dentistry. “Practice
dentistry” encompasses being a manager, proprietor, or conductor of or an operator in any
place in which a dental service or operation is performed intraorally.
A dentist is subject to license denial as well as reprimand, probation, suspension, and
revocation on various grounds, including fraudulently obtaining or using a license or
fraudulently obtaining a fee; committing a felony involving moral turpitude; providing
dental services while under the influence of drugs or alcohol; practicing dentistry in a
professionally incompetent manner or grossly incompetent manner; having a suspended or
revoked license in another state; allowing an unauthorized individual to practice dentistry
or dental hygiene under their supervision; behaving dishonorably or unprofessionally;
violating rules to comply adopted by the board; and failing to comply with the U.S. Centers
for Disease Control and Prevention’s guidelines on universal precautions (except in
extreme situations, as specified), among other enumerated actions. A dental hygienist is
subject to discipline on similar grounds.
The board has the authority to impose a penalty of up to $5,000, in addition to taking certain
disciplinary actions or instead of suspending a license to practice dentistry. Any such
penalty is paid to the general fund.
A person who practices or attempts to practice dentistry without a license or misrepresents
to the public regarding the person’s authorization to practice dentistry is guilty of a
misdemeanor and on conviction is subject to a maximum penalty of either a $2,000 fine or
six months imprisonment for a first offense. The maximum penalty increases for a
subsequent offense to either a $6,000 fine or one year imprisonment.
SB 169/ Page 2
A person who unlawfully practices or attempts to practice dental hygiene, aids or abets the
unauthorized practice of dental hygiene, or misrepresents to the public regarding the
person’s authorization to practice dental hygiene is guilty of a misdemeanor and on
conviction is subject to a maximum fine of $1,000.
A person who violates specified provisions relating to dental laboratory work or advertising
a dental appliance is guilty of a misdemeanor and on conviction is subject to a maximum
penalty of either a $2,000 fine or six months imprisonment.
Background: The State Board of Dental Examiners is mandated to protect the public by
regulating the practice of dentistry and dental hygiene in Maryland. The board issues
licenses, adopts standards of practice for dentistry, investigates complaints based on
alleged violations of regulations and statutes, and disciplines licensees.
Additional Information
Prior Introductions: SB 365 of 2019, a similar bill, received a hearing in the Senate
Education, Health, and Environmental Affairs Committee but no further action was taken.
Its cross file, HB 448 of 2019, received a hearing in the House Health and Government
Operations Committee but was withdrawn. Similar bills. HB 562 of 2018 and HB 1002 of
2017, passed the House as amended and received hearings in the Senate Education, Health
and Environmental Affairs Committee, but no further action was taken on either bill.
Designated Cross File: HB 947 (Delegate Cullison, et al.) - Health and Government
Operations.
Information Source(s): Maryland State Commission on Criminal Sentencing Policy;
Judiciary (Administrative Office of the Courts); Office of the Public Defender; Maryland
State’s Attorneys’ Association; Maryland Department of Health; Department of Public
Safety and Correctional Services; Department of Legislative Services
Fiscal Note History: First Reader - January 27, 2020
rh/jc Third Reader - March 16, 2020
Revised - Amendment(s) - March 16, 2020
Analysis by: Amberly Holcomb Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 169/ Page 3


Statutes affected:
Text - First - Health Occupations - Violations of the Maryland Dentistry Act - Penalties and Cease and Desist Orders: 4-321 Health Occupations, 4-606 Health Occupations
Text - Third - Health Occupations - Violations of the Maryland Dentistry Act - Penalties and Cease and Desist Orders: 4-321 Health Occupations, 4-606 Health Occupations