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

                                  5757

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 12, 2013
                               ___________

Introduced by Sens. HANNON, YOUNG -- 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

  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  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  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11370-02-3
              

S. 5757                             2

REGISTERED  DENTIST WHO HAS A FORMAL RELATIONSHIP WITH THE SAME HOSPITAL
IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT IN  CONSUL-
TATION  WITH  THE  DEPARTMENT  OF HEALTH. SUCH COLLABORATIVE ARRANGEMENT
SHALL  NOT  OBVIATE  OR  SUPERSEDE  ANY LAW OR REGULATION WHICH REQUIRES
IDENTIFIED SERVICES TO BE PERFORMED UNDER THE PERSONAL SUPERVISION OF  A
DENTIST.  WHEN DENTAL HYGIENE SERVICES ARE PROVIDED PURSUANT TO A COLLA-
BORATIVE AGREEMENT, SUCH DENTAL HYGIENIST SHALL INSTRUCT INDIVIDUALS  TO
VISIT A LICENSED DENTIST FOR COMPREHENSIVE EXAMINATION OR TREATMENT.
  S  2.  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
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 EITHER under
a dentist's supervision, as defined in regulations of the  commissioner,
OR,  IN THE CASE OF A REGISTERED DENTAL HYGIENIST WORKING FOR A HOSPITAL
AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, PURSUANT TO
A COLLABORATIVE ARRANGEMENT WITH A LICENSED DENTIST IN  ACCORDANCE  WITH
SUBDIVISION  ONE  OF SECTION SIXTY-SIX HUNDRED SIX OF THIS ARTICLE. SUCH
COLLABORATIVE ARRANGEMENT SHALL NOT OBVIATE  OR  SUPERSEDE  ANY  LAW  OR
REGULATION  WHICH REQUIRES IDENTIFIED SERVICES TO BE PERFORMED UNDER THE
PERSONAL SUPERVISION OF A DENTIST.
  S 3. 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

S. 5757                             3

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 4. This act shall take effect January 1, 2015, provided that  effec-
tive  immediately,  the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation  of  such  sections  on  the
effective  date  of  this act are authorized and directed to be made and
completed on or before such effective date.