Bill Text: NY S05848 | 2019-2020 | General Assembly | Amended


Bill Title: Provides that a dental hygienist shall not administer anesthesia without a certificate and except under the personal supervision of a dentist authorized by law and in accordance with regulations promulgated by the commissioner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-29 - PRINT NUMBER 5848C [S05848 Detail]

Download: New_York-2019-S05848-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5848--C

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          reported  favorably  from  said  committee,  ordered  to first report,
          amended on first report,  ordered  to  a  second  report  and  ordered
          reprinted,  retaining  its  place  in  the  order  of second report --
          amended on second report, ordered  to  a  third  reading,  and  to  be
          reprinted  as amended, retaining its place in the order of third read-
          ing -- recommitted to the Committee on Higher Education in  accordance
          with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the education law, in  relation  to  infiltration  anes-
          thesia, nitrous oxide, and dental assisting practice

          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 6605-b of the  education  law,  as
     2  added by chapter 437 of the laws of 2001, is amended to read as follows:
     3    1.  A  dental  hygienist shall not administer or monitor nitrous oxide
     4  analgesia or local infiltration anesthesia in  the  practice  of  dental
     5  hygiene   without   a   dental  hygiene  restricted  local  infiltration
     6  anesthesia/nitrous oxide analgesia  certificate  and  except  under  the
     7  personal  supervision of a dentist [and in conjunction with the perform-
     8  ance of dental hygiene procedures] authorized by law and  in  accordance
     9  with  regulations promulgated by the commissioner. Personal supervision,
    10  for purposes of this section, means that the supervising dentist remains
    11  in the dental office where the local infiltration anesthesia or  nitrous
    12  oxide  analgesia services are being performed, personally authorizes and
    13  prescribes the use of local infiltration  anesthesia  or  nitrous  oxide
    14  analgesia  for  the  patient  and,  before  dismissal  of  the  patient,
    15  personally examines the condition of the patient after the use of  local
    16  infiltration  anesthesia  or nitrous oxide analgesia is completed. It is
    17  professional misconduct for a dentist to fail to provide the supervision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03787-14-0

        S. 5848--C                          2

     1  required by this section, and any dentist found guilty of  such  miscon-
     2  duct  under  the procedures prescribed in section sixty-five hundred ten
     3  of this title shall be subject to the penalties  prescribed  in  section
     4  sixty-five hundred eleven of this title.
     5    §  2.  Section 6608 of the education law, as amended by chapter 390 of
     6  the laws of 2019, is amended to read as follows:
     7    § 6608. Definition of practice of  registered  dental  assisting.  The
     8  practice of registered dental assisting is defined as providing support-
     9  ive  services  to a dentist in his or her performance of dental services
    10  authorized under this article.  Such  support  shall  include  providing
    11  patient  education, taking preliminary medical histories and vital signs
    12  to be reviewed by the dentist, placing and removing rubber dams, select-
    13  ing and prefitting provisional crowns, selecting and  prefitting  ortho-
    14  dontic bands, removing orthodontic arch wires and ligature ties, placing
    15  and  removing  matrix bands, taking impressions for study casts or diag-
    16  nostic casts,  removing  periodontal  dressings,  placing  and  removing
    17  temporary  restorations,  and  such  other  dental  supportive  services
    18  authorized by the dentist consistent with regulations promulgated by the
    19  commissioner, provided that  such  functions  are  performed  under  the
    20  direct  personal  supervision of a licensed dentist in the course of the
    21  performance of dental services. Such services shall not include diagnos-
    22  ing and/or performing surgical procedures,  irreversible  procedures  or
    23  procedures  that  would  alter  the  hard or soft tissue of the oral and
    24  maxillofacial area or any other procedures determined by the department.
    25  The practice of registered dental assisting  may  be  conducted  in  the
    26  office  of  any licensed dentist or in any appropriately equipped school
    27  or public institution but must be done under the direct personal  super-
    28  vision  of a licensed dentist. Direct personal supervision, for purposes
    29  of this  section,  means  supervision  of  dental  procedures  based  on
    30  instructions  given  by  a licensed dentist in the course of a procedure
    31  who remains in the dental office where the supportive services are being
    32  performed, personally diagnoses the condition to be treated,  personally
    33  authorizes  the  procedures,  and  before  dismissal of the patient, who
    34  remains the  responsibility  of  the  licensed  dentist,  evaluates  the
    35  services  performed  by  the registered dental assistant. Nothing herein
    36  authorizes a registered dental assistant to perform any of the  services
    37  or  functions  defined  as  part  of  the  practice of dental hygiene in
    38  accordance with the provisions of subdivision one of  section  sixty-six
    39  hundred  six of this article, except those functions authorized pursuant
    40  to this section. All dental supportive services provided in this section
    41  may be performed by currently registered dental hygienists either  under
    42  a  dentist's supervision, as defined in regulations of the commissioner,
    43  or, in the case of a registered dental hygienist working for a  hospital
    44  as defined in article twenty-eight of the public health law, pursuant to
    45  a  collaborative  arrangement with a licensed dentist in accordance with
    46  subdivision one of section sixty-six hundred six of this  article.  Such
    47  collaborative  arrangement  shall  not  obviate  or supersede any law or
    48  regulation which requires identified services to be performed under  the
    49  personal supervision of a dentist.
    50    § 3. This act shall take effect immediately.
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