S T A T E O F N E W Y O R K
________________________________________________________________________
111
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, CAHILL -- Multi-Sponsored by -- M. of A.
GABRYSZAK, ORTIZ, REILLY, TITONE -- read once and referred 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. 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 calcare-
ous 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 anesthetic applications, polishing teeth, taking medical histo-
ry, charting caries, taking impressions for study casts, placing and
removing temporary 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 defi-
nition 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00919-01-1
A. 111 2
dentist] FOR THE CONTROL OF ORAL DISEASE AND THE PROMOTION OF ORAL
HEALTH THROUGH EDUCATION AND THE DELIVERY OF PREVENTATIVE AND THERAPEU-
TIC TREATMENTS TO MINIMIZE ORAL DISEASE. SUCH SERVICES SHALL INCLUDE BUT
NOT BE LIMITED TO ASSESSMENT, DENTAL HYGIENE DIAGNOSIS, DENTAL HYGIENE
CARE PLANNING, ORAL HEALTH TEACHING, ORAL HEALTH COUNSELING, AND
PROVISION OF TREATMENT SUPPORTIVE TO THE DENTAL HYGIENE CARE 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. A REGIS-
TERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE, AUTHORIZED PURSUANT TO
SECTION SIX THOUSAND SIX HUNDRED SEVEN-A OF THIS ARTICLE SHALL PRACTICE
WITHOUT SUPERVISION BUT WITHIN THE COLLABORATIVE PRACTICE AGREEMENT
BETWEEN A LICENSED DENTIST AND SUCH DENTAL HYGIENIST.
S 2. 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". 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 COLLABORATIVE PRACTICE AGREEMENTS,
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.
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 QUALIFIED DENTIST, HEALTH CARE FACILI-
TY, 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 FACILI-
TIES; PUBLIC INSTITUTIONS/MENTAL HEALTH FACILITIES; AND PRIVATE SETTINGS
IN WHICH HOMEBOUND RESIDENTS ARE UNABLE TO BE RELOCATED FOR NECESSARY
TREATMENT.
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5. A COLLABORATIVE PRACTICE DENTAL HYGIENIST MAY HAVE MORE THAN ONE
COLLABORATING DENTIST OR ORGANIZATION. A COLLABORATING DENTIST SHALL
HAVE COLLABORATIVE AGREEMENTS WITH NO MORE THAN SIX COLLABORATIVE PRAC-
TICE DENTAL HYGIENISTS. THE DEPARTMENT MAY GRANT EXCEPTIONS TO THESE
LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON A CASE-BY-CASE BASIS.
S 3. This act shall take effect immediately.