Bill Text: NY A07402 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits dental assistants and licensed practical nurses to perform the application of topical fluoride varnish.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A07402 Detail]

Download: New_York-2023-A07402-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7402

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2023
                                       ___________

        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Higher Education

        AN ACT to amend the education law,  in  relation  to  permitting  dental
          assistants and licensed practical nurses 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:

     1    Section 1. Section 6608 of the education law, as  amended  by  chapter
     2  512 of the laws of 2022, is amended to read as follows:
     3    § 6608. Definition  of  practice  of  registered dental assisting. The
     4  practice of registered dental assisting is defined as providing support-
     5  ive services to a dentist in his or her performance of  dental  services
     6  authorized  under  this  article.  Such  support shall include providing
     7  patient education, taking preliminary medical histories and vital  signs
     8  to be reviewed by the dentist, placing and removing rubber dams, select-
     9  ing  and  prefitting provisional crowns, selecting and prefitting ortho-
    10  dontic bands, removing orthodontic arch wires and ligature ties, placing
    11  and removing matrix bands, taking impressions for study casts  or  diag-
    12  nostic  casts,  removing  periodontal  dressings,  placing  and removing
    13  temporary restorations, application of  topical  fluoride  varnish,  and
    14  such other dental supportive services authorized by the dentist consist-
    15  ent with regulations promulgated by the commissioner, provided that such
    16  functions  are  performed  under  the  direct  personal supervision of a
    17  licensed dentist in the course of the performance  of  dental  services.
    18  Such  services  shall  not include diagnosing and/or performing surgical
    19  procedures, irreversible procedures or procedures that would  alter  the
    20  hard  or  soft  tissue  of  the oral and maxillofacial area or any other
    21  procedures determined by the  department.  The  practice  of  registered
    22  dental  assisting may be conducted in the office of any licensed dentist
    23  or in any appropriately equipped school or public institution  but  must
    24  be  done  under  the  direct personal supervision of a licensed dentist.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11382-03-3
        A. 7402                             2

     1  Direct personal supervision, for purposes of this section, means  super-
     2  vision  of  dental  procedures based on instructions given by a licensed
     3  dentist in the course of a procedure who remains in  the  dental  office
     4  where  the supportive services are being performed, personally diagnoses
     5  the condition to be treated, personally authorizes the  procedures,  and
     6  before  dismissal  of the patient, who remains the responsibility of the
     7  licensed dentist, evaluates the services  performed  by  the  registered
     8  dental  assistant. Nothing herein authorizes a registered dental assist-
     9  ant to perform any of the services or functions defined as part  of  the
    10  practice of dental hygiene in accordance with the provisions of subdivi-
    11  sion  one of section sixty-six hundred six of this article, except those
    12  functions authorized pursuant to this  section.  All  dental  supportive
    13  services  provided  in this section may be performed by currently regis-
    14  tered dental hygienists either under a dentist's supervision, as defined
    15  in regulations of the commissioner, or, in  the  case  of  a  registered
    16  dental  hygienist  working  for a hospital as defined in article twenty-
    17  eight of the public health law, pursuant to a collaborative  arrangement
    18  with  a  licensed  dentist in accordance with subdivision one of section
    19  sixty-six hundred six of this article.  Such  collaborative  arrangement
    20  shall  not  obviate  or  supersede  any law or regulation which requires
    21  identified services to be performed under the personal supervision of  a
    22  dentist.
    23    § 2. Subdivision 2 of section 6902 of the education law, as amended by
    24  chapter 781 of the laws of 1990, is amended to read as follows:
    25    2. The practice of nursing as a licensed practical nurse is defined as
    26  performing  tasks and responsibilities within the framework of casefind-
    27  ing, health teaching, health  counseling,  the  application  of  topical
    28  fluoride varnish, and provision of supportive and restorative care under
    29  the  direction of a registered professional nurse or licensed physician,
    30  dentist or other licensed health care provider legally authorized  under
    31  this title and in accordance with the commissioner's regulations.
    32    § 3. This act shall take effect immediately.