S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5727
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  COONEY, WEBB -- 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 local block anesthesia
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6605-b of the education law, as  added  by  chapter
 437  of  the laws of 2001 and subdivision 1 as amended by chapter 198 of
 the laws of 2022, is amended to read as follows:
   § 6605-b.    Dental    hygiene    restricted    local     infiltration
 anesthesia/nitrous  oxide  analgesia certificate.  1. A dental hygienist
 shall not administer or monitor nitrous oxide analgesia or local  infil-
 tration  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 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  anes-
 thesia   or  nitrous  oxide  analgesia  services  are  being  performed,
 personally authorizes and prescribes the use of local infiltration anes-
 thesia 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  misconduct  under the procedures prescribed in section
 sixty-five hundred ten of this title shall be subject to  the  penalties
 prescribed in section sixty-five hundred eleven of this title.
   2.    DENTAL  HYGIENE BLOCK ANESTHESIA CERTIFICATE. A DENTAL HYGIENIST
 SHALL NOT ADMINISTER OR MONITOR BLOCK  ANESTHESIA  IN  THE  PRACTICE  OF
 DENTAL  HYGIENE  WITHOUT  A DENTAL HYGIENE RESTRICTED LOCAL INFILTRATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00803-01-5
              

 S. 5727                             2
 
 ANESTHESIA/NITROUS OXIDE ANALGESIA  CERTIFICATE  AND  A  DENTAL  HYGIENE
 BLOCK  ANESTHESIA  CERTIFICATE AND EXCEPT UNDER THE PERSONAL SUPERVISION
 OF A DENTIST 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  BLOCK  ANESTHESIA  SERVICES  ARE  BEING  PERFORMED,
 PERSONALLY AUTHORIZES AND PRESCRIBES THE USE OF BLOCK ANESTHESIA FOR THE
 PATIENT AND, BEFORE DISMISSAL OF THE PATIENT,  PERSONALLY  EXAMINES  THE
 CONDITION OF THE PATIENT AFTER THE USE OF BLOCK ANESTHESIA 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  MISCONDUCT  UNDER  THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE
 HUNDRED TEN OF THIS TITLE SHALL BE SUBJECT TO THE  PENALTIES  PRESCRIBED
 IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE.
   3.  The  commissioner shall promulgate regulations establishing stand-
 ards and procedures for the issuance of such [certificate] CERTIFICATES.
 Such standards shall require completion of an educational program and/or
 course of training or experience APPROPRIATE  TO  EACH  CERTIFICATE  AND
 sufficient  to ensure that a dental hygienist is specifically trained in
 the administration and monitoring of nitrous oxide analgesia  and  local
 infiltration ANESTHESIA OR IS SPECIFICALLY TRAINED IN THE ADMINISTRATION
 AND  MONITORING  OF  BLOCK anesthesia, the possible effects of such use,
 and in the recognition of and response to possible emergency situations.
   [3.] 4. The fee for a dental  hygiene  restricted  local  infiltration
 anesthesia/nitrous  oxide  analgesia  certificate  shall  be twenty-five
 dollars AND THE FEE FOR A DENTAL HYGIENE  BLOCK  ANESTHESIA  CERTIFICATE
 SHALL BE TWENTY-FIVE DOLLARS and shall be paid on a triennial basis upon
 renewal  of  such certificate. A certificate may be suspended or revoked
 in the same manner as a license to practice dental hygiene.
   § 2. Subdivision 1 of section 6606 of the education law, as amended by
 chapter 239 of the laws of 2013, is amended to read as follows:
   1. The practice of the profession of dental hygiene is defined as  the
 performance  of  dental services which shall include removing calcareous
 deposits, accretions and stains from the exposed surfaces of  the  teeth
 which  begin  at  the  epithelial attachment and applying topical agents
 indicated for a complete dental prophylaxis, removing cement, placing or
 removing rubber dam, removing sutures, placing  matrix  band,  providing
 patient  education,  applying  topical  medication, placing and exposing
 diagnostic dental X-ray films, performing topical fluoride  applications
 and  topical  anesthetic  applications,  polishing teeth, taking medical
 history, charting caries, taking impressions for  study  casts,  placing
 and   removing  temporary  restorations,  administering  and  monitoring
 nitrous oxide analgesia and administering and  monitoring  local  infil-
 tration  AND  ADMINISTERING  AND MONITORING BLOCK anesthesia, subject to
 certification in accordance with section  sixty-six  hundred  five-b  of
 this  article,  and any other function in the definition of the practice
 of dentistry as may be delegated by a  licensed  dentist  in  accordance
 with regulations promulgated by the commissioner. The practice of dental
 hygiene may be conducted in the office of any licensed dentist or in any
 appropriately  equipped  school  or  public institution but must be done
 either under the supervision of a licensed dentist 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 and registered  dentist  who  has  a  formal
 relationship  with  the  same  hospital  in  accordance with regulations
 promulgated by the department in consultation  with  the  department  of
 S. 5727                             3
 
 health.  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.  When  dental  hygiene
 services are provided pursuant to a collaborative agreement, such dental
 hygienist  shall  instruct  individuals  to visit a licensed dentist for
 comprehensive examination or treatment.
   § 3. This act shall take effect one year after it shall have become  a
 law.