S T A T E O F N E W Y O R K
________________________________________________________________________
6232
2013-2014 Regular Sessions
I N A S S E M B L Y
March 18, 2013
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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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 6605-b of the education law, as
added by chapter 437 of the laws of 2001, is amended to read as follows:
1. [A] NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, A dental
hygienist shall not administer or monitor nitrous oxide analgesia or
local infiltration 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 proce-
dures 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 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.
S 2. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09751-01-3
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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
DIAGNOSTIC DENTAL X-ray films, performing topical fluoride applications
and topical anesthetic applications, polishing teeth, taking medical
history, charting caries, taking impressions for study casts, placing
and removing temporary restorations, administering and monitoring
nitrous oxide analgesia and administering and monitoring local infil-
tration 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 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 EITHER under the supervision of a
licensed dentist OR, IN THE CASE OF A REGISTERED DENTAL HYGIENIST WORK-
ING FOR A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW, PURSUANT TO A COLLABORATIVE ARRANGEMENT WITH A LICENSED
DENTIST PURSUANT TO REGULATIONS PROMULGATED PURSUANT TO ARTICLE TWENTY-
EIGHT OF THE PUBLIC HEALTH LAW.
S 3. Section 6608 of the education law, as amended by chapter 300 of
the laws of 2006, is amended to read as follows:
S 6608. Definition of practice of certified dental assisting. The
practice of certified dental assisting is defined as providing support-
ive services to a dentist in his/her performance of dental services
authorized under this article. Such support shall include providing
patient education, taking preliminary medical histories and vital signs
to be reviewed by the dentist, placing and removing rubber dams, select-
ing and prefitting provisional crowns, selecting and prefitting ortho-
dontic bands, removing orthodontic arch wires and ligature ties, placing
and removing matrix bands, taking impressions for study casts or diag-
nostic casts, removing periodontal dressings, and such other dental
supportive services authorized by the dentist consistent with regu-
lations promulgated by the commissioner, provided that such functions
are performed under the direct personal supervision of a licensed
dentist in the course of the performance of dental services. Such
services shall not include diagnosing and/or performing surgical proce-
dures, irreversible procedures or procedures that would alter the hard
or soft tissue of the oral and maxillofacial area or any other proce-
dures determined by the department. The practice of certified dental
assisting 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 direct personal supervision of a licensed dentist. Direct
personal supervision, for purposes of this section, means supervision of
dental procedures based on instructions given by a licensed dentist in
the course of a procedure who remains in the dental office where the
supportive services are being performed, personally diagnoses the condi-
tion to be treated, personally authorizes the procedures, and before
dismissal of the patient, who remains the responsibility of the licensed
dentist, evaluates the services performed by the dental assistant. Noth-
ing herein authorizes a dental assistant to perform any of the services
or functions defined as part of the practice of dental hygiene in
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accordance with the provisions of subdivision one of section sixty-six
hundred six of this article, except those functions authorized pursuant
to this section. All dental supportive services provided in this section
may be performed by currently registered dental hygienists under a
dentist's supervision OR BY A REGISTERED DENTAL HYGIENIST WORKING FOR A
HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHO
PRACTICES IN COLLABORATION WITH A LICENSED DENTIST IN ACCORDANCE WITH
SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED SIX OF THIS ARTICLE, as
defined in regulations of the commissioner.
S 4. Subdivision 10 of section 6611 of the education law, as amended
by chapter 65 of the laws of 2011, is amended to read as follows:
10. [Beginning January first, two thousand nine, each] EACH dentist
AND REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPITAL AS DEFINED IN
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHO PRACTICES IN COLLAB-
ORATION WITH A LICENSED DENTIST shall become certified in cardiopulmo-
nary resuscitation (CPR) from an approved provider and thereafter main-
tain current certification, which shall be included in the mandatory
hours of continuing education acceptable for dentists to the extent
provided in the commissioner's regulations. In the event the dentist OR
REGISTERED DENTAL HYGIENIST cannot physically perform CPR, the commis-
sioner's regulations shall allow the dentist OR REGISTERED DENTAL
HYGIENIST to make arrangements for another individual in the office to
administer CPR. All dental facilities shall have an automatic external
defibrillator or other defibrillator at the facility.
S 5. Subdivision 2 of section 903 of the education law, as added by
chapter 281 of the laws of 2007, is amended to read as follows:
2. a. A dental health certificate shall be requested from each
student. Each student is requested to furnish a dental health certif-
icate at the same time that health certificates are required. An [exam-
ination] ASSESSMENT and dental health history of any child may be
requested by the local school authorities at any time in their
discretion to promote the educational interests of such child. Each
certificate shall be signed by a duly licensed dentist, OR A REGISTERED
DENTAL HYGIENIST who is authorized by law to practice in this state, and
consistent with any applicable written practice agreement, or by a duly
licensed dentist OR REGISTERED DENTAL HYGIENIST who is authorized to
practice in the jurisdiction in which the [examination] ASSESSMENT was
given, provided that the commissioner has determined that such jurisdic-
tion has standards of licensure and practice comparable to those of New
York. Each such certificate shall describe the dental health condition
of the student when the [examination] ASSESSMENT was made, which shall
not be more than twelve months prior to the commencement of the school
year in which the [examination] ASSESSMENT is requested, and shall state
whether such student is in fit condition of dental health to permit his
or her attendance at the public schools.
b. A notice of request for dental health certificates shall be
distributed at the same time that parents or person in parental
relationship to students are notified of health examination requirements
and shall state that a list of DENTAL PRACTICES, dentists AND REGISTERED
DENTAL HYGIENISTS to which children [who need comprehensive dental exam-
inations] may be referred for [treatment] DENTAL SERVICES on a free or
reduced cost basis is available upon request at the child's school. The
department shall, in collaboration with the department of health,
compile and maintain a list of DENTAL PRACTICES, dentists AND REGISTERED
DENTAL HYGIENISTS to which children [who need comprehensive dental exam-
inations] may be referred for [treatment] DENTAL SERVICES on a free or
A. 6232 4
reduced cost basis. Such list shall be made available to all public
schools and be made available to parents or person in parental relation-
ship upon request. The department shall promulgate regulations to ensure
the gathering and dissemination of the proper information to interested
parties.
S 6. This act shall take effect April 1, 2014, provided that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of such sections on the effec-
tive date of this act are authorized and directed to be made and
completed on or before such effective date.