Assembly Bill A2553

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2553
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. PAULIN, CAHILL -- Multi-Sponsored by -- M. of A.
   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:
   § 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.
                                                            LBD06283-01-7
              

 A. 2553                             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.
   § 2. This act shall take effect immediately.