Assembly Bill A5096

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

                                  5096

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. PAULIN, CAHILL -- Multi-Sponsored by -- M. of A.
  GABRYSZAK, ORTIZ, 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. 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

              

A. 5096                             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.