Montana Administrative Register Notice 24-138-79 No. 22   11/20/2020    
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                                 BEFORE THE BOARD OF DENTISTRY

                             DEPARTMENT OF LABOR AND INDUSTRY

                                               STATE OF MONTANA


 In the matter of the amendment of ARM

24.138.504 pertaining to approved clinical exam criteria for dentists and dental hygienists







TO: All Concerned Persons


            1. On December 11, 2020, at 10:00 a.m., a public hearing will be held via remote conferencing to consider the proposed amendment of the above-stated rule. Because there currently exists a state of emergency in Montana due to the public health crisis caused by the coronavirus, there will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/96785421962, Meeting ID: 967 8542 1962, Passcode: 698718; or

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656, Meeting ID: 967 8542 1962, Passcode: 698718.


            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.


            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Dentistry no later than 5:00 p.m., on December 4, 2020, to advise us of the nature of the accommodation that you need. Please contact Kevin Bragg, Board of Dentistry, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2390; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or dlibsdden@mt.gov (board's e-mail).


            3. The rule proposed to be amended is as follows, stricken matter interlined, new matter underlined:



            (2) Dental students who graduate in the year 2020 during the state of emergency declared in the Governor of Montana's Executive Order 2-2020 shall be allowed to substitute the Western Regional Examining Board's a board-approved manikin-based operative exam in lieu of the patient-based examinations required in (1)(a) and (1)(b). All remaining non-patient-based requirements shall remain in effect. The exception outlined in this section shall expire on December 31, 2020 90 days after the Governor of the State of Montana ends the state of emergency declared in Executive Order 2-2020.

            (3) through (6) remain the same.


            AUTH: 37-1-131, 37-4-205, 37-4-402, MCA

            IMP:     37-1-131, 37-4-301, 37-4-402, MCA


REASON:  The board determined it is reasonably necessary to amend this rule in response to the ongoing COVID-19 pandemic. In MAR Notice No. 24-138-78, the board added (2) to allow 2020 graduates to substitute the Western Regional Examination Board (WREB) manikin examination for patient-based examinations. Without amendment, this exemption to patient-based examinations will end December 31, 2020.

            Following this change in August, graduates continue to request accommodations regarding patient-based examinations due to the pandemic.  Therefore, the board is amending (2) to accommodate graduates beyond 2020 by extending the time period for alternative clinical examinations to correspond with the declared state of emergency. Additionally, the amendments will allow the board to add approved manikin-based examinations that satisfy the current clinical examination requirements without having to expressly endorse or limit providers.


            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Dentistry, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to dlibsdden@mt.gov, and must be received no later than 5:00 p.m., December 18, 2020.


            5. An electronic copy of this notice of public hearing is available at dentistry.mt.gov (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.


            6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Dentistry, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to dlibsdden@mt.gov; or made by completing a request form at any rules hearing held by the agency.


            7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


            8. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.138.504 will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determination is available upon request to the Board of Dentistry, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2390; facsimile (406) 841-2305; or to dlibsdden@mt.gov.


            9. Kevin Bragg, Executive Officer, has been designated to preside over and conduct this hearing.









Darcee L. Moe

Rule Reviewer


Brenda Nordlund, Acting Commissioner




            Certified to the Secretary of State November 10, 2020.



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