Bill Text: NY A00988 | 2011-2012 | General Assembly | Introduced

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Bill Title: Allows dental hygienists to perform anesthesia; requires a dental hygienist to be certified and supervised before performing anesthesia.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A00988 Detail]

Download: New_York-2011-A00988-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          988
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A. PHEFFER, PAULIN, GABRYSZAK, REILLY, MAISEL --
         Multi-Sponsored by -- M.  of A. HEASTIE, WEISENBERG -- read  once  and
         referred to the Committee on Higher Education
       AN  ACT  to  amend  the  education  law,  in relation to allowing dental
         hygienists to perform anesthesia
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section 6606 of the education law, as
    2  amended by chapter 437 of the laws  of  2001,  is  amended  to  read  as
    3  follows:
    4    1.  The practice of the profession of dental hygiene is defined as the
    5  performance of dental services which shall include  removing  calcareous
    6  deposits,  accretions  and stains from the exposed surfaces of the teeth
    7  which begin at the epithelial attachment  and  applying  topical  agents
    8  indicated for a complete dental prophylaxis, removing cement, placing or
    9  removing  rubber  dam,  removing sutures, placing matrix band, providing
   10  patient education, applying topical  medication,  placing  and  exposing
   11  X-ray  films, performing topical fluoride applications and topical anes-
   12  thetic applications, polishing teeth, taking medical  history,  charting
   13  caries,  taking impressions for study casts, placing and removing tempo-
   14  rary restorations, administering and monitoring nitrous oxide  analgesia
   15  and   administering  and  monitoring  local  [infiltration]  anesthesia,
   16  subject to certification in accordance with  section  sixty-six  hundred
   17  five-b  of this article, and any other function in the definition of the
   18  practice of dentistry as may be  delegated  by  a  licensed  dentist  in
   19  accordance  with  regulations promulgated by the commissioner. The prac-
   20  tice of dental hygiene may be conducted in the office  of  any  licensed
   21  dentist  or  in  any appropriately equipped school or public institution
   22  but must be done under the supervision of a licensed dentist.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00531-01-1
       A. 988                              2
    1    S 2. Section 6605-b of the education law, as added by chapter  437  of
    2  the laws of 2001, is amended to read as follows:
    3    S 6605-b.    Dental    hygiene   [restricted]   local   [infiltration]
    4  anesthesia/nitrous oxide analgesia certificate. 1.  A  dental  hygienist
    5  shall not administer or monitor nitrous oxide analgesia or local [infil-
    6  tration]  anesthesia  in the practice of dental hygiene without a dental
    7  hygiene  [restricted]  local  [infiltration]  anesthesia/nitrous   oxide
    8  analgesia  certificate  and  except  under the personal supervision of a
    9  dentist [and in conjunction  with  the  performance  of  dental  hygiene
   10  procedures authorized by law] and in accordance with regulations promul-
   11  gated  by  the  commissioner. Personal supervision, for purposes of this
   12  section, means that the supervising dentist remains in the dental office
   13  where the local [infiltration] anesthesia  or  nitrous  oxide  analgesia
   14  services  are  being performed, personally authorizes and prescribes the
   15  use of local [infiltration] anesthesia or nitrous  oxide  analgesia  for
   16  the  patient  and,  before dismissal of the patient, personally examines
   17  the condition of the patient after the use of local [infiltration] anes-
   18  thesia or nitrous oxide  analgesia  is  completed.  It  is  professional
   19  misconduct  for a dentist to fail to provide the supervision required by
   20  this section, and any dentist found guilty of such misconduct under  the
   21  procedures  prescribed  in  section sixty-five hundred ten of this title
   22  shall be subject to  the  penalties  prescribed  in  section  sixty-five
   23  hundred eleven of this title.
   24    2.  The  commissioner shall promulgate regulations establishing stand-
   25  ards and procedures for the issuance of such certificate. Such standards
   26  shall require completion of an  educational  program  and/or  course  of
   27  training  or  experience sufficient to ensure that a dental hygienist is
   28  specifically trained in the administration  and  monitoring  of  nitrous
   29  oxide  analgesia  and  local  [infiltration]  anesthesia,  the  possible
   30  effects of such use, and in the recognition of and response to  possible
   31  emergency situations.
   32    3.  The  fee  for  a  dental hygiene [restricted] local [infiltration]
   33  anesthesia/nitrous oxide  analgesia  certificate  shall  be  twenty-five
   34  dollars  and  shall  be  paid  on a triennial basis upon renewal of such
   35  certificate. A certificate may be  suspended  or  revoked  in  the  same
   36  manner as a license to practice dental hygiene.
   37    S 3. This act shall take effect January 1, 2012.