S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4064
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  HYNDMAN,  WILLIAMS, TAYLOR, RIVERA, DICKENS,
   D'URSO, MOSLEY, GOTTFRIED, MONTESANO, LAWRENCE, GALEF  --  Multi-Spon-
   sored by -- M. of A.  SIMON -- read once and referred 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

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

 A. 4064                             2
 
 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
 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".

 A. 4064                             3
 
   §  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-
 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.