S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4558
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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
   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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08322-01-9
              

 S. 4558                             2
 
   § 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
 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

 S. 4558                             3
 
 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-
 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.