Senate Bill S7353

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

                                  7353

                            I N  S E N A T E

                               May 2, 2012
                               ___________

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;
  (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
IST; AND
  (III)  MADE  AVAILABLE  TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
UPON REQUEST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15676-01-2
              

S. 7353                             2

  (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.