NY State Senate Bill 2009-S1041

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Jan 22, 2009	referred to higher education

co-Sponsors

2009-S1041 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§6603-a, 6603-b & 6607-a, amd §§6605-b, 6606 & 6607, Ed L

2009-S1041 (ACTIVE) - Summary

Establishes a state board for dentistry and a state board for dental hygiene; relates to the use of the title "registered dental hygienist"; provides for limited permits to practice dental hygiene.

2009-S1041 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1041

 TITLE OF BILL :

An act to amend the education law, in relation to establishing a state
board for dentistry and a state board for dental hygiene


 PURPOSE :

The purpose of this legislation is to establish state boards for
dentistry and for dental hygiene so that the Board of Regents can be
advised appropriately in these critical areas of health. This bill
defines the practice of dental hygiene. Also it provides limited
permits for dental hygienists in certain categories and allows dental
hygienists to perform local infiltration anesthesia and nitrous oxide
analgesia services for the patient with certification.

 SUMMARY OF PROVISIONS :

Section 1 amends the education law by adding two new sections which
establish state boards for dentistry and for dental hygiene, with
members appointed by the Board of Regents upon recommendation of the
commissioner for the purpose of assisting the Board of Regents and the
department in matters regarding professional licensing and conduct.

Section 2 provides for certification for dental hygienists to
administer or monitor nitrous oxide analgesia or local anesthesia in
conjunction with the performance of dental procedures, certification
criteria would be promulgated by the commissioner. The commissioner
would also promulgate regulations to establish procedures, standards
and an educational program to ensure that proper training or
experience is completed by the dental hygienist before the issuance of
the certificate.  The definition of practice of dental hygiene is
amended to include a broader sense of duties which would allow dental
hygienists to deliver oral health through education, prevention and
use of therapeutic treatments through services such as risk
assessments, dental hygiene diagnosis and care. This section also
lifts the impediment of care settings, allowing the dental hygienist
to provide services outside of the traditional office environment
under the supervision of a licensed dentist.

The title "registered dental hygienist" and use of this title will be
limited to those persons licensed under section 6609 of this article
or exempt, with limited permit qualifiers.  Section 6607 explains the
limited permit provisions and exemptions, which include:

* those who have met the requirements of the department but have not
passed the examination required;
* limited permits are valid for one year;
* allow the practice of dental hygiene under the personal supervision
of a licensed dentist or registered dental hygienist.

A limited permit for clinical instruction in a New York State
registered program can be granted to those not licensed and can be
valid for three years.

 JUSTIFICATION :

Dental hygienists are licensed, non-assistive health care providers
who are educated and specialize in preventative oral health care. The
profession is poised to reach those citizens who are not receiving
basic oral health screenings and preventative dental hygiene services.
This legislation will enable the profession to reach those in need of
oral health care in New York.  The State Board for Dental Hygiene
enables the profession to advise the regents on licensing and
professional conduct issues. The profession of dental hygiene has been
in existence for almost ninety years and requires a board to set
standards of practice and to promote oral health access in New York
State.

The legislation will add "block" local anesthesia into dental hygiene
practice in addition to the existing infiltration anesthesia. Block
anesthesia numbs the teeth and supporting structures of the teeth
while infiltration only anesthetizes the gums around the tooth. Block
anesthesia is a more predictable and longer lasting pain control
method for dental hygiene procedures than infiltration alone.
Clinically adequate pain management during dental and dental hygiene
treatment is necessary to complete many dental hygiene procedures in
the absence of pain.

The new definition allows for a patient's individual assessment of
need and allows a dental hygienist to perform treatment accordingly
and within the practice setting most appropriate for patient need and
care. Current law prohibits dental hygienists to provide care to
homebound patients or those in hospice. Regardless of location and
under the general supervision of a dentist, dental hygienists would,
with enactment of these provisions, have the ability to reach those
patients who would otherwise go without treatment.

Limited permits would allow graduates from accredited dental hygiene
educational institutions to begin clinical practice under the personal
supervision of a licensed dentist or dental hygienist while waiting
for their official license. The second category of limited permits
will provide dental hygienists from other states to assist in
educational programs by employing visitors as clinical instructors.

 LEGISLATIVE HISTORY :
2007-08, S.5478.

 FISCAL IMPLICATIONS :


 EFFECTIVE DATE :
This act will take effect immediately.

2009-S1041 (ACTIVE) - Bill Text download pdf

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

                                  1041

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by Sens. LAVALLE, SAMPSON -- 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 establishing  a  state
  board for dentistry and a state board for dental hygiene

  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  two  new  sections
6603-a and 6603-b to read as follows:
  S 6603-A. STATE BOARD FOR DENTISTRY. A STATE BOARD FOR DENTISTRY SHALL
BE  APPOINTED  BY  THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMIS-
SIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPART-
MENT ON MATTERS OF PROFESSIONAL LICENSING AND  PROFESSIONAL  CONDUCT  IN
ACCORDANCE  WITH  SECTION  SIXTY-FIVE  HUNDRED  EIGHT OF THIS TITLE. THE
BOARD SHALL BE COMPOSED OF NOT LESS THAN THIRTEEN DENTISTS  LICENSED  IN
THIS  STATE  FOR AT LEAST FIVE YEARS, NOT LESS THAN THREE DENTAL HYGIEN-
ISTS LICENSED IN THIS STATE FOR AT LEAST FIVE YEARS, AND NOT  LESS  THAN
ONE  CERTIFIED  DENTAL ASSISTANT LICENSED IN THIS STATE FOR AT LEAST ONE
YEAR. AN EXECUTIVE SECRETARY TO THE BOARD  SHALL  BE  APPOINTED  BY  THE
BOARD  OF  REGENTS  ON RECOMMENDATION OF THE COMMISSIONER AND SHALL BE A
DENTIST LICENSED IN THIS STATE. MEMBERS OF THE BOARD AND  THE  EXECUTIVE
SECRETARY  SHALL  SERVE  AT  THE  PLEASURE  OF THE BOARD OF REGENTS. THE
MEMBERS OF THE BOARD  AND  THE  EXECUTIVE  SECRETARY  SHALL  RECEIVE  NO
COMPENSATION  FOR  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  S 6603-B. STATE BOARD FOR DENTAL HYGIENE. 1. A STATE BOARD FOR  DENTAL
HYGIENE SHALL BE APPOINTED BY THE BOARD OF REGENTS ON THE RECOMMENDATION
OF  THE  COMMISSIONER  FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS
AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL
CONDUCT IN ACCORDANCE WITH SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS
TITLE.  THE BOARD SHALL BE COMPOSED OF NOT LESS THAN TWELVE INDIVIDUALS.
MEMBERS OF THE BOARD SHALL BE  APPOINTED  FOR  A  TERM  OF  FOUR  YEARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05391-01-9

S. 1041                             2

INITIAL  APPOINTMENTS  TO  THE  STATE BOARD SHALL BE SUCH THAT THE TERMS
SHALL BE STAGGERED. HOWEVER, NO INDIVIDUAL SHALL  SERVE  MORE  THAN  TWO
TERMS.
  2. THE STATE BOARD FOR DENTAL HYGIENE SHALL BE COMPOSED OF THE FOLLOW-
ING MEMBERS:
  A.  SEVEN MEMBERS SHALL BE PERSONS LICENSED TO PRACTICE DENTAL HYGIENE
IN NEW YORK STATE.
  (1) ONE OF THE SEVEN REGISTERED DENTAL HYGIENE  MEMBERS  SHALL  BE  OR
HAVE BEEN ENGAGED PRIMARILY IN PUBLIC HEALTH DENTAL HYGIENE PRACTICE.
  (2)  ONE  OF  THE  SEVEN REGISTERED DENTAL HYGIENE MEMBERS SHALL BE OR
HAVE BEEN ENGAGED PRIMARILY IN PRIVATE PRACTICE.
  (3) ONE OF THE SEVEN REGISTERED DENTAL HYGIENE  MEMBERS  SHALL  BE  OR
HAVE BEEN ENGAGED PRIMARILY IN SPECIAL NEEDS DENTAL HYGIENE PRACTICE.
  (4)  ONE  OF  THE  SEVEN REGISTERED DENTAL HYGIENE MEMBERS SHALL BE OR
HAVE BEEN ENGAGED PRIMARILY IN DENTAL HYGIENE EDUCATION.
  B. TWO MEMBERS SHALL BE PERSONS LICENSED TO PRACTICE DENTISTRY IN  NEW
YORK STATE.
  (1)  ONE  OF  THE  TWO  DENTIST  MEMBERS SHALL BE OR HAVE BEEN ENGAGED
PRIMARILY IN PRIVATE GENERAL PRACTICE DENTISTRY.
  (2) ONE OF THE TWO DENTIST MEMBERS  SHALL  BE  OR  HAVE  BEEN  ENGAGED
PRIMARILY  IN  PUBLIC HEALTH DENTISTRY AND SHALL ALSO POSSESS A MASTER'S
DEGREE IN PUBLIC HEALTH OR A MASTER'S DEGREE IN DENTAL PUBLIC HEALTH.
  C. THREE MEMBERS OF THE STATE BOARD SHALL BE INDIVIDUALS NOT  POSSESS-
ING  EITHER  LICENSURE  OR  TRAINING  IN DENTAL HYGIENE OR DENTISTRY AND
SHALL REPRESENT THE CONSUMER PUBLIC.
  3. AN EXECUTIVE SECRETARY SHALL BE APPOINTED TO THE BOARD ON RECOMMEN-
DATION OF THE COMMISSIONER AND SHALL BE A  REGISTERED  DENTAL  HYGIENIST
LICENSED TO PRACTICE IN THIS STATE. THE APPOINTMENT OF THE INITIAL EXEC-
UTIVE SECRETARY OF THE BOARD SHALL BE FROM CANDIDATES RECOMMENDED BY THE
DENTAL HYGIENISTS' ASSOCIATION OF THE STATE OF NEW YORK, INC.  VACANCIES
IN  THE  BOARD  SHALL BE FILLED IN THE MANNER OF THEIR ORIGINAL APPOINT-
MENT. THE MEMBERS OF THE BOARD AND THE EXECUTIVE SECRETARY SHALL RECEIVE
NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  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]   LOCAL
anesthesia/nitrous oxide analgesia certificate FOR DENTAL HYGIENISTS. 1.
A  dental  hygienist [shall not] MAY administer or monitor nitrous oxide
analgesia or local [infiltration] anesthesia [in the practice of  dental
hygiene without] WITH 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  perform-
ance  of dental [hygiene] procedures authorized by law and in accordance
with regulations promulgated 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  anesthesia  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  miscon-
duct  under  the procedures prescribed in section sixty-five hundred ten

S. 1041                             3

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  FOR  DENTAL  HYGIENISTS
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. Section 6606 of the education law, as amended by chapter  244  of
the laws of 1973, subdivision 1 as amended by chapter 437 of the laws of
2001, is amended to read as follows:
  S 6606. Definition  of practice of dental hygiene.  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, perform-
ing topical fluoride applications and topical  anesthetic  applications,
polishing   teeth,  taking  medical  history,  charting  caries,  taking
impressions for study casts, placing  and  removing  temporary  restora-
tions, administering and monitoring nitrous oxide analgesia and adminis-
tering  and monitoring local infiltration anesthesia, subject to certif-
ication 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
under  the supervision of a licensed dentist] AIM TO PROMOTE ORAL HEALTH
THROUGH EDUCATION, PREVENTION, AND DELIVERY OF THERAPEUTIC TREATMENTS TO
MINIMIZE ORAL DISEASE THROUGH SUCH SERVICES AS RISK  ASSESSMENT,  DENTAL
HYGIENE  DIAGNOSIS,  DISEASE  MANAGEMENT,  CASE FINDING, HEALTH AND ORAL
HEALTH TEACHING, BIOLOGICAL, BEHAVIORAL, SOCIAL, AND ORAL  HEALTH  COUN-
SELING, ANTICIPATORY GUIDANCE, AND PROVISION OF TREATMENT AND HEALTHCARE
DELIVERY  SUPPORTIVE  TO  OR  RESTORATIVE  OF  DENTAL  HYGIENE  CARE AND
WELL-BEING AND  EXISTING  REGIMENS  PRESCRIBED  BY  A  LICENSED  DENTIST
CONSISTENT  WITH  REGULATIONS  SET  FORTH BY THE COMMISSIONER. UNDER THE
SUPERVISION OF A LICENSED DENTIST, THE PRACTICE OF DENTAL HYGIENE  SHALL
NOT  BE  IMPEDED BY THE SETTING IN WHICH A LICENSED DENTAL HYGIENIST MAY
PROVIDE DENTAL HYGIENE SERVICES.
  2. The commissioner shall promulgate regulations  defining  the  func-
tions  a  dental  hygienist  may  perform  that  are consistent with the
[training] EDUCATION and  qualifications  for  a  license  as  a  dental
hygienist.
  S 4. Section 6607 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:

S. 1041                             4

  S 6607. Practice of dental hygiene and use of title "REGISTERED dental
hygienist".  Only a person licensed under section sixty-six hundred nine
of this article or exempt shall practice dental hygiene or use the title
"REGISTERED dental hygienist".
  S  5.  The  education law is amended by adding a new section 6607-a to
read as follows:
  S 6607-A. LIMITED PERMITS. 1. A  LIMITED  PERMIT  TO  PRACTICE  DENTAL
HYGIENE  MAY  BE GRANTED TO AN INDIVIDUAL WHO HAS TO THE SATISFACTION OF
THE DEPARTMENT MET ALL THE REQUIREMENTS  OF  SECTION  SIXTY-SIX  HUNDRED
NINE OF THIS ARTICLE, BUT HAS NOT YET PASSED THE EXAMINATION REQUIRED BY
SUBDIVISION FOUR OF SUCH SECTION.
  A. A LIMITED PERMIT UNDER THIS SUBDIVISION SHALL BE VALID FOR A PERIOD
NOT TO EXCEED ONE YEAR.
  B.  A  LIMITED  PERMIT  SHALL  ENTITLE  THE  HOLDER TO PRACTICE DENTAL
HYGIENE ONLY UNDER THE PERSONAL SUPERVISION OF  A  LICENSED  DENTIST  OR
REGISTERED DENTAL HYGIENIST.
  C.  THE  FEE  FOR A LIMITED PERMIT UNDER THIS SUBDIVISION SHALL BE ONE
HUNDRED FIVE DOLLARS.
  2. A LIMITED PERMIT TO PRACTICE DENTAL  HYGIENE  MAY  BE  GRANTED  FOR
CLINICAL  INSTRUCTION  OF  DENTAL  HYGIENE  TO  A  DENTAL  HYGIENIST NOT
LICENSED UNDER THIS ARTICLE, TO BE EMPLOYED BY A  REGISTERED  SCHOOL  OF
DENTAL HYGIENE. SUCH LIMITED PERMIT FOR CLINICAL INSTRUCTION SHALL ALLOW
FOR  CLINICAL  INSTRUCTION  OF  DENTAL  HYGIENE OR SUPERVISION OF DENTAL
HYGIENE STUDENTS IN A REGISTERED SCHOOL IN THE STATE, AND IN SO DOING TO
PRACTICE DENTAL HYGIENE AS DEFINED IN THIS  ARTICLE,  BUT  ONLY  IN  THE
PERFORMANCE OF HIS OR HER CLINICAL INSTRUCTION OF DENTAL HYGIENE.
  3.  A  LIMITED  PERMIT UNDER THIS SUBDIVISION SHALL BE VALID FOR THREE
YEARS.
  4. THE FEE FOR A LIMITED PERMIT UNDER THIS SUBDIVISION  AND  FOR  EACH
RENEWAL SHALL BE ONE HUNDRED SIXTY DOLLARS.
  S 6. This act shall take effect immediately.

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Senate Bill S1041

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

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co-Sponsors

2009-S1041 (ACTIVE) - Details

2009-S1041 (ACTIVE) - Summary

2009-S1041 (ACTIVE) - Sponsor Memo

2009-S1041 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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co-Sponsors

John L. Sampson

2009-S1041 (ACTIVE) - Details

2009-S1041 (ACTIVE) - Summary

2009-S1041 (ACTIVE) - Sponsor Memo

2009-S1041 (ACTIVE) - Bill Text download pdf

Comments