S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10865
 
                           I N  A S S E M B L Y
 
                               May 24, 2018
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  registered  dental
   assisting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 133 of the education law, as
 added by chapter 987 of the laws of 1971, is amended to read as follows:
                   DENTISTRY [AND], DENTAL HYGIENE, AND
                        REGISTERED DENTAL ASSISTING
   § 2. Section 6600 of the education law, as added by chapter 987 of the
 laws of 1971, is amended to read as follows:
   § 6600. Introduction.   This article applies  to  the  professions  of
 dentistry  [and],  dental hygiene, AND REGISTERED DENTAL ASSISTING.  The
 general provisions for all professions contained in article one  hundred
 thirty of this title apply to this article.
   §  3.  Section 6603 of the education law, as amended by chapter 393 of
 the laws of 1999, is amended to read as follows:
   § 6603. State board for dentistry. A state board for  dentistry  shall
 be  appointed  by  the board of regents on recommendation of the commis-
 sioner for the purpose of assisting the board of regents and the depart-
 ment on matters of professional licensing and  professional  conduct  in
 accordance  with  section  sixty-five  hundred  eight of this title. The
 board shall be composed of not less than thirteen dentists  licensed  in
 this  state  for at least five years, not less than three dental hygien-
 ists licensed in this state for at least five years, and not  less  than
 one  [certified]  REGISTERED dental assistant licensed in this state for
 at least one  year.  An  executive  secretary  to  the  board  shall  be
 appointed  by the board of regents on recommendation of the commissioner
 and shall be a dentist licensed in this state.
   § 4. Section 6608 of the education law, as amended by chapter  239  of
 the laws of 2013, is amended to read as follows:
   § 6608. Definition   of  practice  of  [certified]  REGISTERED  dental
 assisting. The practice of [certified] REGISTERED  dental  assisting  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15948-02-8

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 defined  as  providing supportive services to a dentist in [his/her] HIS
 OR HER performance of dental services  authorized  under  this  article.
 Such  support shall include providing patient education, taking prelimi-
 nary  medical  histories  and vital signs to be reviewed by the dentist,
 placing and removing rubber dams, selecting and  prefitting  provisional
 crowns, selecting and prefitting orthodontic bands, removing orthodontic
 arch  wires and ligature ties, placing and removing matrix bands, taking
 impressions for study casts or diagnostic  casts,  removing  periodontal
 dressings,  and  such other dental supportive services authorized by the
 dentist consistent with regulations  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 procedures, irreversible  procedures  or  procedures
 that  would  alter the hard or soft tissue of the oral and maxillofacial
 area or any other procedures determined by the department. The  practice
 of  [certified]  REGISTERED  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 super-
 vision 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 condition 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 REGISTERED dental assistant. Nothing herein
 authorizes a REGISTERED 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.
   §  5.  Section 6608-a of the education law, as added by chapter 494 of
 the laws of 1994, is amended to read as follows:
   § 6608-a. Practice of [certified] REGISTERED dental assisting and  use
 of  title  "[certified]  REGISTERED  dental  assistant".   Only a person
 certified under section sixty-six hundred eight-b  of  this  article  or
 exempt  pursuant  to section sixty-six hundred ten of this article shall
 practice [certified] REGISTERED dental assisting.  Only a person  certi-
 fied pursuant to section sixty-six hundred eight-b of this article shall
 use the title "[certified] REGISTERED dental assistant".
   §  6.  Section 6608-b of the education law, as added by chapter 494 of
 the laws of 1994, subdivision 4 as amended by chapter 300 of the laws of
 2006 and subdivision 5 as amended by chapter 565 of the laws of 1995, is
 amended to read as follows:
   § 6608-b. Requirements for certification as a  [certified]  REGISTERED
 dental  assistant.  To qualify for certification as a [certified] REGIS-

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 TERED  dental  assistant,  an  applicant  shall  fulfill  the  following
 requirements:
   (1) Application: file an application with the department;
   (2) Age: be at least [seventeen] EIGHTEEN years of age;
   (3)  Fees:  pay  a  fee  of  forty-five  dollars to the department for
 initial certification and a fee of  fifty  dollars  for  each  triennial
 registration period;
   (4) Education and experience: (A) have received a high school diploma,
 or  its  equivalent,  and (B) have successfully completed, in accordance
 with the commissioner's regulations, (i) an approved one-year course  of
 study in dental assisting in a degree-granting institution or a board of
 cooperative  educational  services  program  which includes at least two
 hundred hours of clinical experience, or an equivalent  approved  course
 of  study in dental assisting in a non-degree granting institution which
 shall not be a professional association or professional organization  or
 (ii)  an alternate course of study in dental assisting acceptable to the
 department which shall be provided by a degree-granting institution or a
 board of cooperative educational  services  program  which  includes  at
 least one thousand hours of relevant work experience; [and]
   (5)  Examination:  pass an examination IN DENTAL ASSISTING given by an
 organization which administers SUCH examinations [for certifying  dental
 assistants] and which is acceptable to the department[.]; AND
   (6) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   § 7. This act shall take effect immediately.