Relates to the practice of registered dental hygienists.
TITLE OF BILL: An act to amend the education law, in relation to registered dental hygienists
This bill would allow registered dental hygienists working in certain facilities overseen by the Department of Health, pursuant to a collaborative agreement with a licensed and registered dentist to provide dental services.
SUMMARY OF PROVISIONS:
Section 1 of this bill would allow a dental hygienist working for a hospital as defined in Article 28 of the public health law (this includes community health centers, hospital based dental clinics, local health department dental clinics, school-based dental health centers, and nursing homes), pursuant to a collaborative agreement with a licensed and registered dentist who has a formal relationship with the same hospital, to provide certain dental services that are currently provided under general supervision. The collaborative agreement would be in accordance with regulations promulgated by the State Education Department (SED) in consultation with the Department of Health (DOH). The dental hygienist would be required to instruct patients to visit a licensed dentist for comprehensive examination or treatment.
Section 2 allows for dental supportive services to be conducted by a registered dental hygienist working for an Article 28 hospital and under a collaborative agreement with a licensed and registered dentist who has a formal relationship with the same hospital.
Section 3 requires registered dental hygienists working for an Article 28 hospital and under a collaborative agreement with a licensed dentist to become certified in CPR and maintain certification as part of mandatory continuing education hours.
Section 4 is the effective date.
Current disparities in the access to quality oral healthcare have become a public health concern for New Yorkers, especially among traditionally underserved populations. This bill would create greater access for New Yorkers to receive important dental services, such as teeth cleaning and patient education, by allowing registered dental hygienists to work, pursuant to a collaborative agreement with a licensed and registered dentist, in community health centers, hospital based dental clinics, local health department dental clinics, school-based dental health centers, and nursing homes.
None to the state.
The act shall take effect January 1, 2015, provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of such sections on the effective date of this aft are authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 5757 2013-2014 Regular Sessions IN SENATE June 12, 2013 ___________Introduced by Sens. HANNON, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to registered dental hygienists THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 6606 of the education law, as amended by chapter 437 of the laws of 2001, is amended to read as follows: 1. The practice of the profession of dental hygiene is defined as the performance of dental services which shall include removing calcareous deposits, accretions and stains from the exposed surfaces of the teeth which begin at the epithelial attachment and applying topical agents indicated for a complete dental prophylaxis, removing cement, placing or removing rubber dam, removing sutures, placing matrix band, providing patient education, applying topical medication, placing and exposing DIAGNOSTIC DENTAL X-ray films, performing topical fluoride applications and topical anesthetic applications, polishing teeth, taking medical history, charting caries, taking impressions for study casts, placing and removing temporary restorations, administering and monitoring nitrous oxide analgesia and administering and monitoring local infil- tration anesthesia, subject to certification in accordance with section sixty-six hundred five-b of this article, and any other function in the definition of the practice of dentistry as may be delegated by a licensed dentist in accordance with regulations promulgated by the commissioner. The practice of dental hygiene may be conducted in the office of any licensed dentist or in any appropriately equipped school or public institution but must be done EITHER under the supervision of a licensed dentist OR, IN THE CASE OF A REGISTERED DENTAL HYGIENIST WORK- ING FOR A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, PURSUANT TO A COLLABORATIVE ARRANGEMENT WITH A LICENSED ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11370-02-3 S. 5757 2
REGISTERED DENTIST WHO HAS A FORMAL RELATIONSHIP WITH THE SAME HOSPITAL IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH. SUCH COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE OR SUPERSEDE ANY LAW OR REGULATION WHICH REQUIRES IDENTIFIED SERVICES TO BE PERFORMED UNDER THE PERSONAL SUPERVISION OF A DENTIST. WHEN DENTAL HYGIENE SERVICES ARE PROVIDED PURSUANT TO A COLLA- BORATIVE AGREEMENT, SUCH DENTAL HYGIENIST SHALL INSTRUCT INDIVIDUALS TO VISIT A LICENSED DENTIST FOR COMPREHENSIVE EXAMINATION OR TREATMENT. S 2. Section 6608 of the education law, as amended by chapter 300 of the laws of 2006, is amended to read as follows: S 6608. Definition of practice of certified dental assisting. The practice of certified dental assisting is defined as providing support- ive services to a dentist in his/her performance of dental services authorized under this article. Such support shall include providing patient education, taking preliminary medical histories and vital signs to be reviewed by the dentist, placing and removing rubber dams, select- ing and prefitting provisional crowns, selecting and prefitting ortho- dontic bands, removing orthodontic arch wires and ligature ties, placing and removing matrix bands, taking impressions for study casts or diag- nostic casts, removing periodontal dressings, and such other dental supportive services authorized by the dentist consistent with regu- lations promulgated by the commissioner, provided that such functions are performed under the direct personal supervision of a licensed dentist in the course of the performance of dental services. Such services shall not include diagnosing and/or performing surgical proce- dures, irreversible procedures or procedures that would alter the hard or soft tissue of the oral and maxillofacial area or any other proce- dures determined by the department. The practice of certified dental assisting may be conducted in the office of any licensed dentist or in any appropriately equipped school or public institution but must be done under the direct personal supervision of a licensed dentist. Direct personal supervision, for purposes of this section, means supervision of dental procedures based on instructions given by a licensed dentist in the course of a procedure who remains in the dental office where the supportive services are being performed, personally diagnoses the condi- tion to be treated, personally authorizes the procedures, and before dismissal of the patient, who remains the responsibility of the licensed dentist, evaluates the services performed by the dental assistant. Noth- ing herein authorizes a dental assistant to perform any of the services or functions defined as part of the practice of dental hygiene in accordance with the provisions of subdivision one of section sixty-six hundred six of this article, except those functions authorized pursuant to this section. All dental supportive services provided in this section may be performed by currently registered dental hygienists EITHER under a dentist's supervision, as defined in regulations of the commissioner, OR, IN THE CASE OF A REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, PURSUANT TO A COLLABORATIVE ARRANGEMENT WITH A LICENSED DENTIST IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED SIX OF THIS ARTICLE. SUCH COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE OR SUPERSEDE ANY LAW OR REGULATION WHICH REQUIRES IDENTIFIED SERVICES TO BE PERFORMED UNDER THE PERSONAL SUPERVISION OF A DENTIST. S 3. Subdivision 10 of section 6611 of the education law, as amended by chapter 65 of the laws of 2011, is amended to read as follows: 10.
[Beginning January first, two thousand nine, each]EACH dentist AND REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPITAL AS DEFINED INS. 5757 3
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHO PRACTICES IN COLLAB- ORATION WITH A LICENSED DENTIST shall become certified in cardiopulmo- nary resuscitation (CPR) from an approved provider and thereafter main- tain current certification, which shall be included in the mandatory hours of continuing education acceptable for dentists to the extent provided in the commissioner's regulations. In the event the dentist OR REGISTERED DENTAL HYGIENIST cannot physically perform CPR, the commis- sioner's regulations shall allow the dentist OR REGISTERED DENTAL HYGIENIST to make arrangements for another individual in the office to administer CPR. All dental facilities shall have an automatic external defibrillator or other defibrillator at the facility. S 4. This act shall take effect January 1, 2015, provided that effec- tive immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of such sections on the effective date of this act are authorized and directed to be made and completed on or before such effective date.