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

                                 5704--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M.  of  A. PHEFFER, PAULIN, GABRYSZAK, REILLY, MAISEL --
  Multi-Sponsored by -- M. of A. DelMONTE, WEISENBERG -- read  once  and
  referred to the Committee on Higher Education -- committee discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the  education  law,  in  relation  to  allowing  dental
  hygienists to perform anesthesia

  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
X-ray films, performing topical fluoride applications and topical  anes-
thetic  applications,  polishing teeth, taking medical history, charting
caries, taking impressions for study casts, placing and removing  tempo-
rary  restorations, administering and monitoring nitrous oxide analgesia
and  administering  and  monitoring  local  [infiltration]   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  prac-
tice  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 under the supervision of a licensed dentist.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08766-02-9
              

A. 5704--A                          2

  S  2.  Section 6605-b of the education law, as added by chapter 437 of
the laws of 2001, is amended to read as follows:
  S 6605-b.    Dental    hygiene   [restricted]   local   [infiltration]
anesthesia/nitrous oxide analgesia certificate. 1.  A  dental  hygienist
shall not administer or monitor nitrous oxide analgesia or local [infil-
tration]  anesthesia  in the practice of dental hygiene without a dental
hygiene  [restricted]  local  [infiltration]  anesthesia/nitrous   oxide
analgesia  certificate  and  except  under the personal supervision of a
dentist [and in conjunction  with  the  performance  of  dental  hygiene
procedures authorized by law] and in accordance with regulations promul-
gated  by  the  commissioner. Personal supervision, for purposes of this
section, means that the supervising dentist remains in the dental office
where the local [infiltration] anesthesia  or  nitrous  oxide  analgesia
services  are  being performed, personally authorizes and prescribes the
use of local [infiltration] anesthesia or nitrous  oxide  analgesia  for
the  patient  and,  before dismissal of the patient, personally examines
the condition of the patient after the use of local [infiltration] anes-
thesia or nitrous oxide  analgesia  is  completed.  It  is  professional
misconduct  for a dentist to fail to provide the supervision required by
this section, and any dentist found guilty of such misconduct under  the
procedures  prescribed  in  section sixty-five hundred ten of this title
shall be subject to  the  penalties  prescribed  in  section  sixty-five
hundred eleven of this title.
  2.  The  commissioner shall promulgate regulations establishing stand-
ards and procedures for the issuance of such certificate. Such standards
shall require completion of an  educational  program  and/or  course  of
training  or  experience sufficient to ensure that a dental hygienist is
specifically trained in the administration  and  monitoring  of  nitrous
oxide  analgesia  and  local  [infiltration]  anesthesia,  the  possible
effects of such use, and in the recognition of and response to  possible
emergency situations.
  3.  The  fee  for  a  dental hygiene [restricted] local [infiltration]
anesthesia/nitrous oxide  analgesia  certificate  shall  be  twenty-five
dollars  and  shall  be  paid  on a triennial basis upon renewal of such
certificate. A certificate may be  suspended  or  revoked  in  the  same
manner as a license to practice dental hygiene.
  S 3. This act shall take effect January 1, 2010.