APPROVED CHAPTER
JUNE 10, 2021 134
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 34 - L.D. 26
An Act To Allow a Dentist To Administer Botulinum Toxin and Dermal
Fillers
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the sole purpose of the Board of Dental Practice is to protect the public
health and welfare by ensuring that the public is served by competent and honest
practitioners and by establishing minimum standards of proficiency; and
Whereas, former board rule Chapter 9: Complaints/Investigations/Unprofessional
Conduct, Section II, paragraph U, which was repealed effective April 5, 2020, contained
language restricting a dentist's scope of practice to administer botulinum toxins and dermal
fillers to dental procedures; and
Whereas, substantive policy decisions such as expanding or restricting scopes of
practice are appropriate for the legislative process, not an administrative rule-making
process; and
Whereas, immediate enactment of this legislation is necessary to continue protecting
the public by ensuring that authorization for a dentist to administer botulinum toxin and
dermal fillers to a patient as part of a dental treatment plan is continued as part of a dentist's
scope of practice; 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. 32 MRSA §18325, sub-§1, ¶O, as amended by PL 2015, c. 488, §33, is
further amended to read:
O. A violation of this chapter or a rule adopted by the board; and
Sec. 2. 32 MRSA §18325, sub-§1, ¶P, as enacted by PL 2015, c. 488, §34, is
amended to read:
Page 1 - 130LR0118(03)
 P. Failure to comply with the requirements of Title 22, section 7253.; and
Sec. 3. 32 MRSA §18325, sub-§1, ¶Q is enacted to read:
Q. Administering botulinum toxins or dermal fillers to a patient when that
administration is not supported by a diagnosed dental condition or is not part of a
patient's dental treatment plan. This paragraph does not apply to a dentist who has
successfully completed postgraduate training and certification in oral and maxillofacial
surgery from a program accredited by the American Dental Association Commission
on Dental Accreditation or its successor organization.
Sec. 4. 32 MRSA §18371, sub-§1, ¶M, as enacted by PL 2015, c. 429, §21, is
amended to read:
M. Prescribe drugs or medicine and administer local anesthesia, analgesia including
nitrous oxide and oxygen inhalation and, with the appropriate permit issued by the
board, administer sedation and general anesthesia necessary for proper dental
treatment; and
Sec. 5. 32 MRSA §18371, sub-§1, ¶N, as enacted by PL 2015, c. 429, §21, is
amended to read:
N. Take case histories and perform physical examinations to the extent the activities
are necessary in the exercise of due care in conjunction with the provision of dental
treatment or the administration of anesthesia. A dentist is not permitted to perform
physical examinations within a hospital licensed by the Department of Health and
Human Services unless this activity is permitted by the hospital.; and
Sec. 6. 32 MRSA §18371, sub-§1, ¶O is enacted to read:
O. Administer botulinum toxins or dermal fillers to a patient with a diagnosed dental
condition or when that administration is identified as part of a patient's dental treatment
plan. A dentist who has successfully completed postgraduate training and certification
in oral and maxillofacial surgery from a program accredited by the American Dental
Association Commission on Dental Accreditation or its successor organization may
administer botulinum toxin or dermal fillers in the course of treatment for oral or
maxillofacial disease, disfigurement or disjunction.
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 LD 26, SP 34: 32.18325, 32.18371
Bill Text ACTPUB , Chapter 134: 32.18325, 32.18371