Bill Text: NY S08759 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes a licensed dental hygienist, collaborative practice to provide services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-20 - PRINT NUMBER 8759B [S08759 Detail]
Download: New_York-2023-S08759-Amended.html
Bill Title: Authorizes a licensed dental hygienist, collaborative practice to provide services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-20 - PRINT NUMBER 8759B [S08759 Detail]
Download: New_York-2023-S08759-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8759--A IN SENATE March 7, 2024 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- 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: 1 Section 1. Section 6606 of the education law, as amended by chapter 2 244 of the laws of 1973, subdivision 1 as amended by chapter 239 of the 3 laws of 2013, is amended to read as follows: 4 § 6606. Definition of practice of dental hygiene. 1. The practice of 5 the profession of dental hygiene is defined as the performance of dental 6 services which shall include removing calcareous deposits, accretions 7 and stains from the exposed surfaces of the teeth which begin at the 8 epithelial attachment and applying topical agents indicated for a 9 complete dental prophylaxis, removing cement, placing or removing rubber 10 dam, removing sutures, placing matrix band, providing patient education, 11 applying topical medication, placing and exposing diagnostic dental 12 X-ray films, performing topical fluoride applications and topical anes- 13 thetic applications, polishing teeth, taking medical history, charting 14 caries, taking impressions for study casts, placing and removing tempo- 15 rary restorations, administering and monitoring nitrous oxide analgesia 16 and administering and monitoring local infiltration anesthesia, subject 17 to certification in accordance with section sixty-six hundred five-b of 18 this article, and any other function in the definition of the practice 19 of dentistry as may be delegated by a licensed dentist in accordance 20 with regulations promulgated by the commissioner. The practice of dental 21 hygiene may be conducted in the office of any licensed dentist or in any 22 appropriately equipped school or public institution but must be done 23 either under the supervision of a licensed dentist or[, in the case of a24registered dental hygienist working for a hospital as defined in article25twenty-eight of the public health law, pursuant to a collaborativeEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02162-06-4S. 8759--A 2 1arrangement with a licensed and registered dentist who has a formal2relationship with the same hospital in accordance with regulations3promulgated by the department in consultation with the department of4health] may be performed by a registered dental hygienist designated as 5 a registered dental hygienist, collaborative practice (RDH-CP) in 6 collaboration with a licensed dentist provided such services are 7 performed in accordance with a written practice agreement and written 8 practice protocols to be known as a collaborative practice agreement. 9 Under a collaborative practice agreement, dental hygienists may perform 10 all services which are designated in regulation under general super- 11 vision without prior evaluation of a dentist or medical professional and 12 may be performed without supervision in a collaborative practice 13 setting. Such collaborative arrangement shall not obviate or supersede 14 any law or regulation which requires identified services to be performed 15 under the personal supervision of a dentist. [When dental hygiene16services are provided pursuant to a collaborative agreement, such dental17hygienist shall instruct individuals to visit a licensed dentist for18comprehensive examination or treatment.] 19 2. (a) The collaborative practice agreement shall include consider- 20 ation for medically compromised patients, specific medical conditions, 21 and age- and procedure-specific practice protocols, including, but not 22 limited to recommended intervals for the performance of dental hygiene 23 services and a periodicity in which an examination by a dentist should 24 occur. 25 (b) The collaborative practice agreement shall be: 26 (i) signed and maintained by the dentist, the dental hygienist and the 27 facility, program or organization; and 28 (ii) reviewed annually by the collaborating dentist and dental hygien- 29 ist; and 30 (iii) made available to the department and other interested parties 31 upon request. 32 (c) A registered dental hygienist, collaborative practice (RDH-CP) 33 shall have no more than one collaborative practice agreement with a 34 collaborative dentist at one time. 35 3. Before performing services authorized under this section, a dental 36 hygienist must provide the patient with a written statement advising the 37 patient that the dental hygiene services provided are not a substitute 38 for a dental examination by a licensed dentist. If the dental hygienist 39 makes any referrals to the patient for further procedures, the dental 40 hygienist must fill out a referral form and provide a copy of the form 41 to the collaborating dentist. 42 4. A contractual arrangement under this section may be made by either 43 a New York state licensed and registered dentist or a registered dental 44 hygienist, collaborative practice (RDH-CP) in the following settings: a 45 hospital as defined in article twenty-eight of the public health law, 46 any appropriately equipped school, federally qualified health centers, 47 long-term care facilities, group homes servicing the intellectually and 48 developmentally disabled population, facilities serving veterans, 49 facilities servicing the homeless, prisons, drug treatment facilities, 50 domestic violence shelters, and appropriate settings in which homebound 51 residents are unable to be relocated for necessary treatment. 52 5. A collaborating dentist shall have collaborative agreements with no 53 more than six RDH-CPs. The department may grant exceptions to these 54 limitations for public health settings on a case-by-case basis. 55 6. A dental hygienist must make application to the department to prac- 56 tice as an RDH-CP and pay a fee set by the department. As a condition ofS. 8759--A 3 1 collaborative practice, the dental hygienist must have been engaged in 2 practice for three years with a minimum of four thousand five hundred 3 practice hours and shall complete an eight-hour continuing education 4 program that includes instruction in medical emergency procedures, risk 5 management, dental hygiene jurisprudence and professional ethics. 6 7. The commissioner shall promulgate regulations defining the func- 7 tions a dental hygienist may perform that are consistent with the train- 8 ing and qualifications for a license as a dental hygienist. 9 § 2. This act shall take effect nine months after it shall have become 10 a law.