S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6694
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced by Sens. HARCKHAM, GOUNARDES -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Higher Educa-
   tion
 
 AN  ACT  to  amend  the education law, in relation to infiltration anes-
   thesia and nitrous oxide analgesia in the practice of dental assisting

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 6605-b of the education law, as
 added by chapter 437 of the laws of 2001, is amended to read as follows:
   1. A dental hygienist shall not administer or  monitor  nitrous  oxide
 analgesia  or  local  infiltration  anesthesia in the practice of dental
 hygiene  without  a  dental  hygiene   restricted   local   infiltration
 anesthesia/nitrous  oxide  analgesia  certificate  and  except under the
 personal supervision of a dentist [and in conjunction with the  perform-
 ance  of  dental hygiene procedures] authorized by law and in accordance
 with regulations promulgated by the commissioner. Personal  supervision,
 for purposes of this section, means that the supervising dentist remains
 in  the dental office where the local infiltration anesthesia or nitrous
 oxide analgesia services are being performed, personally authorizes  and
 prescribes  the  use  of  local infiltration anesthesia or nitrous oxide
 analgesia  for  the  patient  and,  before  dismissal  of  the  patient,
 personally  examines the condition of the patient after the use of local
 infiltration anesthesia or nitrous oxide analgesia is completed.  It  is
 professional misconduct for a dentist to fail to provide the supervision
 required  by  this section, and any dentist found guilty of such miscon-
 duct under the procedures prescribed in section sixty-five  hundred  ten
 of  this [title] ARTICLE shall be subject to the penalties prescribed in
 section sixty-five hundred eleven of this [title] ARTICLE.
   § 2. Section 6608 of the education law, as amended by chapter  390  of
 the laws of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11407-01-1
              

 S. 6694                             2
 
   § 6608. Definition  of  practice  of  registered dental assisting. The
 practice of registered dental assisting is defined as providing support-
 ive services to a dentist in his or 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,  PLACING  AND  REMOVING
 TEMPORARY  RESTORATIONS,  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 diagnos-
 ing 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 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.
   § 3. This act shall take effect immediately.