- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jun 07, 2024 | referred to rules |
| Jun 06, 2024 | delivered to senate passed assembly ordered to third reading rules cal.475 rules report cal.475 reported reported referred to rules |
| Jun 04, 2024 | reference changed to ways and means |
| May 15, 2024 | print number 488c |
| May 15, 2024 | amend and recommit to higher education |
| Mar 15, 2024 | print number 488b |
| Mar 15, 2024 | amend and recommit to higher education |
| Feb 06, 2024 | print number 488a |
| Feb 06, 2024 | amend and recommit to higher education |
| Jan 03, 2024 | referred to higher education |
| Jan 09, 2023 | referred to higher education |
Bill Amendments
Original A B C (Active)2023-A488 - Details
See Senate Version of this Bill: S8759 Current Committee: Senate Rules Law Section: Education Law Laws Affected: Amd §6606, Ed L Versions Introduced in Other Legislative Sessions: 2011-2012: A111
2013-2014: A5096
2015-2016: A1959
2017-2018: A2553
2019-2020: A335
2021-2022: A3934
2023-A488 - Summary
Authorizes a licensed dental hygienist, collaborative practice to provide services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.
2023-A488 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 488 2023-2024 Regular Sessions I N A S S E M B L Y January 9, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to registered dental hygienists working without supervision but within a collaborative practice agreement with a licensed dentist THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 6607-a to read as follows: § 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1. THE PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS ARTICLE, MAY BE PERFORMED IN COLLABORATION WITH A LICENSED DENTIST PROVIDED SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC- TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A COLLABO- RATIVE PRACTICE AGREEMENT. UNDER A COLLABORATIVE PRACTICE AGREEMENT, DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU- LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND MAY BE PERFORMED WITHOUT SUPERVISION IN A COLLABORATIVE PRACTICE SETTING. 2. (A) THE COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER- ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC MEDICAL CONDITIONS, AND AGE- AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF DENTAL HYGIENE SERVICES AND A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD OCCUR. (B) THE COLLABORATIVE AGREEMENT SHALL BE: (I) SIGNED AND MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST, AND THE FACILITY, PROGRAM, OR ORGANIZATION; (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN- IST; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02162-01-3
A. 488 2 (III) MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES UPON REQUEST. (C) ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE AT A TIME. 3. BEFORE PERFORMING ANY SERVICES AUTHORIZED UNDER THIS SECTION, A DENTAL HYGIENIST MUST PROVIDE THE PATIENT WITH A WRITTEN STATEMENT ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL HYGIENIST MAKES ANY REFERRALS TO THE PATIENT FOR FURTHER DENTAL PROCE- DURES, THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE A COPY OF THE FORM TO THE COLLABORATING DENTIST. 4. THE COLLABORATIVE PRACTICE DENTAL HYGIENIST MAY ENTER INTO A CONTRACTUAL ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND REGISTERED DENTIST, HEALTH CARE FACILITY, PROGRAM, AND/OR NON-PROFIT ORGANIZATION TO PERFORM DENTAL HYGIENE SERVICES IN THE FOLLOWING SETTINGS: DENTAL OFFICES; LONGTERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC OR PRIVATE SCHOOLS; PUBLIC HEALTH AGENCIES/FEDERALLY QUALIFIED HEALTH CENTERS; CORRECTIONAL FACILITIES; PUBLIC INSTITUTIONS/MENTAL HEALTH FACILITIES; AND PRIVATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE TO BE RELOCATED FOR NECESSARY TREATMENT. 5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO MORE THAN SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS. THE DEPARTMENT MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON A CASE-BY-CASE BASIS. 6. A DENTAL HYGIENIST MUST MAKE APPLICATION TO THE NEW YORK STATE EDUCATION DEPARTMENT TO PRACTICE AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) AND PAY A FEE SET BY THE DEPARTMENT. AS A CONDITION OF COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST MUST HAVE BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND FIVE HUNDRED PRACTICE HOURS AND MUST COMPLETE AN EIGHT HOUR CONTINUING EDUCATION PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCE- DURES, RISK MANAGEMENT, DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL ETHICS. § 2. This act shall take effect immediately.
2023-A488A - Details
See Senate Version of this Bill: S8759 Current Committee: Senate Rules Law Section: Education Law Laws Affected: Amd §6606, Ed L Versions Introduced in Other Legislative Sessions: 2011-2012: A111
2013-2014: A5096
2015-2016: A1959
2017-2018: A2553
2019-2020: A335
2021-2022: A3934
2023-A488A - Summary
Authorizes a licensed dental hygienist, collaborative practice to provide services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.
2023-A488A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 488--A 2023-2024 Regular Sessions I N A S S E M B L Y January 9, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Educa- tion in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to registered dental hygienists working without supervision but within a collaborative practice agreement with a licensed dentist THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6606 of the education law, as amended by chapter 244 of the laws of 1973, subdivision 1 as amended by chapter 239 of the laws of 2013, is amended to read as follows: § 6606. Definition of practice of dental hygiene. 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 anes- thetic applications, polishing teeth, taking medical history, charting caries, taking impressions for study casts, placing and removing tempo- rary restorations, administering and monitoring nitrous oxide analgesia and administering and monitoring local infiltration 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02162-03-4
A. 488--A 2 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 health] MAY BE PERFORMED BY A REGISTERED DENTAL HYGIENIST DESIGNATED AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) IN COLLABORATION WITH A LICENSED DENTIST PROVIDED SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A COLLABORATIVE PRACTICE AGREEMENT. UNDER A COLLABORATIVE PRACTICE AGREEMENT, DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGULATION UNDER GENERAL SUPER- VISION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND MAY BE PERFORMED WITHOUT SUPERVISION IN A COLLABORATIVE PRACTICE SETTING. 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.] 2. (A) THE COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER- ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC MEDICAL CONDITIONS, AND AGE- AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF DENTAL HYGIENE SERVICES AND A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD OCCUR. (B) THE COLLABORATIVE PRACTICE AGREEMENT SHALL BE: (I) SIGNED AND MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST AND THE FACILITY, PROGRAM OR ORGANIZATION; AND (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN- IST; AND (III) MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES UPON REQUEST. (C) A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) SHALL HAVE NO MORE THAN ONE COLLABORATIVE PRACTICE AGREEMENT WITH A COLLABORATIVE DENTIST AT ONE TIME. 3. BEFORE PERFORMING SERVICES AUTHORIZED UNDER THIS SECTION, A DENTAL HYGIENIST MUST PROVIDE THE PATIENT WITH A WRITTEN STATEMENT ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL HYGIENIST MAKES ANY REFERRALS TO THE PATIENT FOR FURTHER PROCEDURES, THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE A COPY OF THE FORM TO THE COLLABORATING DENTIST. 4. A CONTRACTUAL ARRANGEMENT UNDER THIS SECTION MAY BE MADE BY EITHER A NEW YORK STATE LICENSED AND REGISTERED DENTIST OR A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) IN THE FOLLOWING SETTINGS: A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, ANY APPROPRIATELY EQUIPPED SCHOOL, FEDERALLY QUALIFIED HEALTH CENTERS, LONG-TERM CARE FACILITIES, GROUP HOMES SERVICING THE INTELLECTUALLY AND DEVELOPMENTALLY DISABLED POPULATION, FACILITIES SERVING VETERANS, FACILITIES SERVICING THE HOMELESS, PRISONS, DRUG TREATMENT FACILITIES, DOMESTIC VIOLENCE SHELTERS, AND APPROPRIATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE TO BE RELOCATED FOR NECESSARY TREATMENT. A. 488--A 3 5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO MORE THAN SIX RDH-CPS. THE DEPARTMENT MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON A CASE-BY-CASE BASIS. 6. A DENTAL HYGIENIST MUST MAKE APPLICATION TO THE DEPARTMENT TO PRAC- TICE AS AN RDH-CP AND PAY A FEE SET BY THE DEPARTMENT. AS A CONDITION OF COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST MUST HAVE BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND FIVE HUNDRED PRACTICE HOURS AND SHALL COMPLETE AN EIGHT-HOUR CONTINUING EDUCATION PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCEDURES, RISK MANAGEMENT, DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL ETHICS. 7. The commissioner shall promulgate regulations defining the func- tions a dental hygienist may perform that are consistent with the train- ing and qualifications for a license as a dental hygienist. § 2. This act shall take effect immediately.
2023-A488B - Details
See Senate Version of this Bill: S8759 Current Committee: Senate Rules Law Section: Education Law Laws Affected: Amd §6606, Ed L Versions Introduced in Other Legislative Sessions: 2011-2012: A111
2013-2014: A5096
2015-2016: A1959
2017-2018: A2553
2019-2020: A335
2021-2022: A3934
2023-A488B - Summary
Authorizes a licensed dental hygienist, collaborative practice to provide services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.
2023-A488B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 488--B 2023-2024 Regular Sessions I N A S S E M B L Y January 9, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Educa- tion in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to registered dental hygienists working without supervision but within a collaborative practice agreement with a licensed dentist THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6606 of the education law, as amended by chapter 244 of the laws of 1973, subdivision 1 as amended by chapter 239 of the laws of 2013, is amended to read as follows: § 6606. Definition of practice of dental hygiene. 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 anes- thetic applications, polishing teeth, taking medical history, charting caries, taking impressions for study casts, placing and removing tempo- rary restorations, administering and monitoring nitrous oxide analgesia and administering and monitoring local infiltration 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02162-05-4
A. 488--B 2 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 health] MAY BE PERFORMED BY A REGISTERED DENTAL HYGIENIST DESIGNATED AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) IN COLLABORATION WITH A LICENSED DENTIST PROVIDED SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A COLLABORATIVE PRACTICE AGREEMENT. UNDER A COLLABORATIVE PRACTICE AGREEMENT, DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGULATION UNDER GENERAL SUPER- VISION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND MAY BE PERFORMED WITHOUT SUPERVISION IN A COLLABORATIVE PRACTICE SETTING. 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.] 2. (A) THE COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER- ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC MEDICAL CONDITIONS, AND AGE- AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF DENTAL HYGIENE SERVICES AND A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD OCCUR. (B) THE COLLABORATIVE PRACTICE AGREEMENT SHALL BE: (I) SIGNED AND MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST AND THE FACILITY, PROGRAM OR ORGANIZATION; AND (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN- IST; AND (III) MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES UPON REQUEST. (C) A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) SHALL HAVE NO MORE THAN ONE COLLABORATIVE PRACTICE AGREEMENT WITH A COLLABORATIVE DENTIST AT ONE TIME. 3. BEFORE PERFORMING SERVICES AUTHORIZED UNDER THIS SECTION, A DENTAL HYGIENIST MUST PROVIDE THE PATIENT WITH A WRITTEN STATEMENT ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL HYGIENIST MAKES ANY REFERRALS TO THE PATIENT FOR FURTHER PROCEDURES, THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE A COPY OF THE FORM TO THE COLLABORATING DENTIST. 4. A CONTRACTUAL ARRANGEMENT UNDER THIS SECTION MAY BE MADE BY EITHER A NEW YORK STATE LICENSED AND REGISTERED DENTIST OR A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) IN THE FOLLOWING SETTINGS: A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, ANY APPROPRIATELY EQUIPPED SCHOOL, FEDERALLY QUALIFIED HEALTH CENTERS, LONG-TERM CARE FACILITIES, GROUP HOMES SERVICING THE INTELLECTUALLY AND DEVELOPMENTALLY DISABLED POPULATION, FACILITIES SERVING VETERANS, FACILITIES SERVICING THE HOMELESS, PRISONS, DRUG TREATMENT FACILITIES, A. 488--B 3 DOMESTIC VIOLENCE SHELTERS, AND APPROPRIATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE TO BE RELOCATED FOR NECESSARY TREATMENT. 5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO MORE THAN SIX RDH-CPS. THE DEPARTMENT MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON A CASE-BY-CASE BASIS. 6. A DENTAL HYGIENIST MUST MAKE APPLICATION TO THE DEPARTMENT TO PRAC- TICE AS AN RDH-CP AND PAY A FEE SET BY THE DEPARTMENT. AS A CONDITION OF COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST MUST HAVE BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND FIVE HUNDRED PRACTICE HOURS AND SHALL COMPLETE AN EIGHT-HOUR CONTINUING EDUCATION PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCEDURES, RISK MANAGEMENT, DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL ETHICS. 7. The commissioner shall promulgate regulations defining the func- tions a dental hygienist may perform that are consistent with the train- ing and qualifications for a license as a dental hygienist. § 2. This act shall take effect nine months after it shall have become a law.
2023-A488C (ACTIVE) - Details
See Senate Version of this Bill: S8759 Current Committee: Senate Rules Law Section: Education Law Laws Affected: Amd §6606, Ed L Versions Introduced in Other Legislative Sessions: 2011-2012: A111
2013-2014: A5096
2015-2016: A1959
2017-2018: A2553
2019-2020: A335
2021-2022: A3934
2023-A488C (ACTIVE) - Summary
Authorizes a licensed dental hygienist, collaborative practice to provide services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.
2023-A488C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 488--C 2023-2024 Regular Sessions I N A S S E M B L Y January 9, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Educa- tion in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the education law, in relation to registered dental hygienists working without supervision but within a collaborative practice agreement with a licensed dentist THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6606 of the education law, as amended by chapter 244 of the laws of 1973, subdivision 1 as amended by chapter 239 of the laws of 2013, is amended to read as follows: § 6606. Definition of practice of dental hygiene. 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 anes- thetic applications, polishing teeth, taking medical history, charting caries, taking impressions for study casts, placing and removing tempo- rary restorations, administering and monitoring nitrous oxide analgesia EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02162-11-4
A. 488--C 2 and administering and monitoring local infiltration 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] SHALL 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 collabora- tive 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 health] MAY BE PERFORMED BY A REGISTERED DENTAL HYGIENIST DESIGNATED AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE IN COLLABORATION WITH A LICENSED DENTIST PROVIDED SUCH SERVICES ARE PERFORMED IN ACCORD- ANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A COLLABORATIVE PRACTICE AGREEMENT. UNDER A COLLABORATIVE PRACTICE AGREEMENT, DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGULATION UNDER GENERAL SUPERVISION WITHOUT PRIOR EVALU- ATION OF A DENTIST OR MEDICAL PROFESSIONAL AND MAY BE PERFORMED WITHOUT SUPERVISION IN AN AUTHORIZED SETTING AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION. Such collaborative [arrangement] AGREEMENTS 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.] 2. THE COLLABORATIVE PRACTICE AGREEMENT SHALL: (A) BE SIGNED AND MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST AND AUTHORIZED SETTING; (B) BE REVIEWED ANNUALLY BY THE DENTIST AND DENTAL HYGIENIST; (C) INCLUDE CONSIDERATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC MEDICAL CONDITIONS, AND AGE- AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF DENTAL HYGIENE SERVICES AND A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD OCCUR; AND (D) BE MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES UPON REQUEST. 3. BEFORE PERFORMING SERVICES PURSUANT TO A COLLABORATIVE PRACTICE AGREEMENT, A DENTAL HYGIENIST, COLLABORATIVE PRACTICE SHALL PROVIDE THE PATIENT WITH A WRITTEN STATEMENT ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL HYGIENIST MAKES ANY REFERRALS TO THE PATIENT FOR FURTHER PROCEDURES, THE DENTAL HYGIENIST SHALL FILL OUT A REFERRAL FORM AND PROVIDE A COPY OF THE FORM TO THE COLLABORATING DENTIST. 4. THE PERFORMANCE OF SERVICES PURSUANT TO A COLLABORATIVE AGREEMENT IS AUTHORIZED IN THE FOLLOWING SETTINGS: A HOSPITAL AS DEFINED IN ARTI- CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, AN APPROPRIATELY EQUIPPED SCHOOL, A FEDERALLY QUALIFIED HEALTH CENTER, A LONG-TERM CARE FACILITY, A GROUP HOME SERVICING PEOPLE WITH INTELLECTUAL AND DEVELOPMENTAL DISA- BILITIES, A FACILITY SERVING VETERANS, A TEMPORARY HOUSING FACILITY, A PRISON, A DRUG TREATMENT FACILITY, A DOMESTIC VIOLENCE SHELTER, AND APPROPRIATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE TO BE RELO- CATED FOR NECESSARY TREATMENT. A. 488--C 3 5. A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE SHALL HAVE NO MORE THAN ONE COLLABORATIVE AGREEMENT WITH A DENTIST AT ONE TIME. 6. A DENTIST SHALL NOT HAVE A COLLABORATIVE AGREEMENT WITH MORE THAN SIX REGISTERED DENTAL HYGIENISTS, COLLABORATIVE PRACTICE AT ONE TIME. THE DEPARTMENT MAY GRANT AN EXCEPTION TO SUCH LIMITATION FOR PUBLIC HEALTH SETTINGS ON A CASE-BY-CASE BASIS. 7. A DENTAL HYGIENIST SHALL FILE AN APPLICATION WITH THE DEPARTMENT TO PRACTICE AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE AND PAY A FEE DETERMINED BY THE DEPARTMENT. AS A CONDITION OF COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST SHALL HAVE BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND FIVE HUNDRED PRACTICE HOURS AND SHALL COMPLETE AN EIGHT-HOUR CONTINUING EDUCATION PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCEDURES, RISK MANAGEMENT, DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL ETHICS. 8. The commissioner shall promulgate regulations defining the func- tions a dental hygienist may perform that are consistent with the train- ing and qualifications for a license as a dental hygienist. § 2. This act shall take effect eighteen months after it shall have become a law.
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