S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7402--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2023
                                ___________
 
 Introduced by M. of A. PEOPLES-STOKES, FAHY -- read once and referred to
   the  Committee  on Higher Education -- recommitted to the Committee on
   Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee

 AN  ACT  to  amend  the education law, in relation to permitting certain
   persons to perform the application of topical fluoride varnish
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6608 of the education law, as amended by chapter
 512 of the laws of 2022, is amended to read as follows:
   § 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,  APPLICATION  OF  TOPICAL FLUORIDE VARNISH, and
 such other dental supportive services authorized by the dentist consist-
 ent 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 registered
 dental assisting may be conducted in the office of any licensed  dentist
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11382-04-4
              

 A. 7402--A                          2
 
 or  in  any appropriately equipped school or public institution but must
 be done under the direct personal supervision  of  a  licensed  dentist.
 Direct  personal supervision, for purposes of this section, means super-
 vision  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 assist-
 ant to perform any of the services or functions defined as part  of  the
 practice of dental hygiene in accordance with the provisions of subdivi-
 sion  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 regis-
 tered 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.
   § 2. Subdivision 2 of section 6902 of the education law, as amended by
 chapter 781 of the laws of 1990, is amended to read as follows:
   2. The practice of nursing as a licensed practical nurse is defined as
 performing  tasks and responsibilities within the framework of casefind-
 ing, health teaching, health  counseling,  THE  APPLICATION  OF  TOPICAL
 FLUORIDE VARNISH, and provision of supportive and restorative care under
 the  direction of a registered professional nurse or licensed physician,
 dentist or other licensed health care provider legally authorized  under
 this title and in accordance with the commissioner's regulations.
   §  3.  Section  6610  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. THE APPLICATION OF TOPICAL FLUORIDE VARNISH TO A CHILD'S  TEETH  BY
 SUCH CHILD'S PARENT OR LEGAL GUARDIAN, PROVIDED THAT SUCH APPLICATION IS
 DONE  UNDER  THE  DIRECTION  AND  SUPERVISION OF A LICENSED PRACTITIONER
 AUTHORIZED TO APPLY TOPICAL FLUORIDE VARNISH.  A  LICENSED  PRACTITIONER
 ACTING  WITHIN  THEIR  SCOPE  OF PRACTICE MAY PRESCRIBE TOPICAL FLUORIDE
 VARNISH FOR THE PURPOSES OF THIS SUBDIVISION PROVIDED THAT SUCH  PRACTI-
 TIONER  DISPENSES  WRITTEN  SAFETY  INSTRUCTIONS  TO THE PARENT OR LEGAL
 GUARDIAN.
   § 4. This act shall take effect immediately;  provided,  however  that
 section  three  of  this  act shall take effect eighteen months after it
 shall have become a law. Effective immediately, the addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.