senate Bill S1944

Authorizes dental hygienists to provide such services in collaboration with a licensed dentist

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Authorizes dental hygienists to provide such services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5096
Versions:
S1944
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add ยง6607-a, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7353, A111A
2009-2010: A10721, S7353
2007-2008: S6636

Sponsor Memo

BILL NUMBER:S1944

TITLE OF BILL: An act to amend the education law, in relation to regis-
tered dental hygienists working without supervision but within a colla-
borative practice agreement with a licensed dentist

PURPOSE: To create the category of registered dental hygienist, colla-
borative practice, which authorizes dental hygienists to practice with-
out supervision but within a collaborative practice agreement with a
licensed dentist.

SUMMARY OF PROVISIONS:

Section one adds a new section 6607-a to the education law which creates
and defines the practice of collaborative practice dental hygiene. This
section provides that the practice of dental hygiene may be performed in
collaboration with a licensed dentist provided such services are
performed in accordance with a written practice agreement and written
practice protocols.

This section also establishes the required content and procedures
pertaining to the written collaborative practice agreement and collabo-
rative practice arrangements.

Section one of this bill also requires dental hygienists to provide a
patient with a written statement advising the patient that dental
hygiene services are not a substitute for a dental examination by a
licensed dentist, and to make referrals for further dental procedures as
necessary.

Section two provides for the immediate enactment of this bill.

JUSTIFICATION: According to the Department of Health's Oral Health Plan
for New York State (2005), approximately 50% of children in New York
experience tooth decay by the third grade and about 18% of New Yorkers
65 years and older have lost all their teeth. Because of current dispar-
ities that exist in oral health, these numbers are even higher among
low-income and minority populations. Increasing access to dental hygiene
services will help to ensure that all New Yorkers are able to receive
quality oral healthcare.

Dental hygienists fulfill a critical role in the provision of dental
care, both in private-practice and public health settings. In fact, a
2010 report issued by the Pew Center on the States found that adding
dental hygienists to a practice enables most private-practice dentists
to serve more patients while increasing profitability and productivity.
With the enactment of the federal health care reform law in 2010, which
will extend dental insurance to an estimated 5.3 million more children
nationally by 2014, patient demand for dental care will continue to
increase. Thus, it is imperative that dental hygienists' skills and
training are fully utilized freeing up dentists to treat more patients.

Medicaid Redesign Team (MRT) supports this action as one of its top five
priorities of their twelve final recommendations. According to the 2011
published recommendations from MRT, this bill will allow fox the maximum
utilization of the dental hygienists in New York State, in keeping with
their education, training, and expertise as oral health prevention
specialists. Collaborative Practice will serve to improve the oral
health status of New Yorkers and promote the prevention of disease and
oral health.

Collaborative practice is another way to increase access to dental
hygiene care and disease prevention. Collaborative practice dental
hygienists would be able to practice, pursuant to the terms of the
collaborative practice agreement, without the supervision of the
dentist. This makes it much easier for dental hygienists to practice in
under served communities, where there is a great need for prophylactic
treatments and oral health counseling. Collaborative practice dental
hygienists would also screen patients for disease and refer them to the
collaborating dentist for dental examinations and other treatments. This
creates more opportunities for New Yorkers to receive dental hygiene
care, and decreases their risk of developing oral disease and tooth
decay.

Moreover this bill requires registered dental hygienist to apply for a
new certification with the New York State Education Department for
Collaborative Practice (RDH-CP). As a prerequisite, three years experi-
ence and continuing education requirements are provided for.

LEGISLATIVE HISTORY: S7353 of 2012 - referred to education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1944

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. RITCHIE -- 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  working  without  supervision  but  within a collaborative
  practice agreement with a licensed dentist

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6607-a
to read as follows:
  S 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF
TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1.
THE  PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS
ARTICLE, MAY BE PERFORMED  IN  COLLABORATION  WITH  A  LICENSED  DENTIST
PROVIDED  SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC-
TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A  COLLABO-
RATIVE  PRACTICE  AGREEMENT.  UNDER  A COLLABORATIVE PRACTICE AGREEMENT,
DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU-
LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND
MAY  BE  PERFORMED  WITHOUT  SUPERVISION  IN  A  COLLABORATIVE  PRACTICE
SETTING.
  2.  (A)  THE  COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER-
ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC  MEDICAL  CONDITIONS,
AND  AGE-  AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT
LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF  DENTAL  HYGIENE
SERVICES  AND  A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD
OCCUR.
  (B) THE COLLABORATIVE AGREEMENT SHALL BE:
  (I) SIGNED AND MAINTAINED BY THE DENTIST, THE  DENTAL  HYGIENIST,  AND
THE FACILITY, PROGRAM, OR ORGANIZATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06537-01-3

S. 1944                             2

  (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
IST; AND
  (III)  MADE  AVAILABLE  TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
UPON REQUEST.
  (C) ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND  REGISTERED
DENTAL  HYGIENIST,  COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE AT A
TIME.
  3. BEFORE PERFORMING ANY SERVICES AUTHORIZED  UNDER  THIS  SECTION,  A
DENTAL  HYGIENIST  MUST  PROVIDE  THE  PATIENT  WITH A WRITTEN STATEMENT
ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A
SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL
HYGIENIST MAKES ANY REFERRALS TO THE PATIENT FOR FURTHER  DENTAL  PROCE-
DURES,  THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE A
COPY OF THE FORM TO THE COLLABORATING DENTIST.
  4. THE COLLABORATIVE  PRACTICE  DENTAL  HYGIENIST  MAY  ENTER  INTO  A
CONTRACTUAL  ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND REGISTERED
DENTIST, HEALTH CARE FACILITY, PROGRAM, AND/OR  NON-PROFIT  ORGANIZATION
TO  PERFORM  DENTAL  HYGIENE  SERVICES IN THE FOLLOWING SETTINGS: DENTAL
OFFICES; LONGTERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC  OR
PRIVATE  SCHOOLS;  PUBLIC  HEALTH  AGENCIES/FEDERALLY  QUALIFIED  HEALTH
CENTERS;  CORRECTIONAL  FACILITIES;  PUBLIC  INSTITUTIONS/MENTAL  HEALTH
FACILITIES; AND PRIVATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE
TO BE RELOCATED FOR NECESSARY TREATMENT.
  5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO
MORE  THAN  SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS. THE DEPARTMENT
MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS  ON
A CASE-BY-CASE BASIS.
  6.  A  DENTAL  HYGIENIST  MUST  MAKE APPLICATION TO THE NEW YORK STATE
EDUCATION DEPARTMENT TO  PRACTICE  AS  A  REGISTERED  DENTAL  HYGIENIST,
COLLABORATIVE  PRACTICE (RDH-CP) AND PAY A FEE SET BY THE DEPARTMENT. AS
A CONDITION OF COLLABORATIVE PRACTICE, THE DENTAL  HYGIENIST  MUST  HAVE
BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND
FIVE  HUNDRED  PRACTICE HOURS AND MUST COMPLETE AN EIGHT HOUR CONTINUING
EDUCATION PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY  PROCE-
DURES,  RISK  MANAGEMENT,  DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL
ETHICS.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.