Bill Text: NY S09084 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to registered dental assisting; increases the age for registered dental assisting from seventeen to eighteen years of age.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-15 - REFERRED TO RULES [S09084 Detail]

Download: New_York-2017-S09084-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9084
                    IN SENATE
                                      June 15, 2018
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the education law,  in  relation  to  registered  dental
          assisting
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The article heading of article 133 of the education law, as
     2  added by chapter 987 of the laws of 1971, is amended to read as follows:
     3                    DENTISTRY [AND], DENTAL HYGIENE, AND
     4                         REGISTERED DENTAL ASSISTING
     5    § 2. Section 6600 of the education law, as added by chapter 987 of the
     6  laws of 1971, is amended to read as follows:
     7    § 6600. Introduction.   This article applies  to  the  professions  of
     8  dentistry  [and],  dental hygiene, and registered dental assisting.  The
     9  general provisions for all professions contained in article one  hundred
    10  thirty of this title apply to this article.
    11    §  3.  Section 6603 of the education law, as amended by chapter 393 of
    12  the laws of 1999, is amended to read as follows:
    13    § 6603. State board for dentistry. A state board for  dentistry  shall
    14  be  appointed  by  the board of regents on recommendation of the commis-
    15  sioner for the purpose of assisting the board of regents and the depart-
    16  ment on matters of professional licensing and  professional  conduct  in
    17  accordance  with  section  sixty-five  hundred  eight of this title. The
    18  board shall be composed of not less than thirteen dentists  licensed  in
    19  this  state  for at least five years, not less than three dental hygien-
    20  ists licensed in this state for at least five years, and not  less  than
    21  one  [certified]  registered dental assistant licensed in this state for
    22  at least one  year.  An  executive  secretary  to  the  board  shall  be
    23  appointed  by the board of regents on recommendation of the commissioner
    24  and shall be a dentist licensed in this state.
    25    § 4. Section 6608 of the education law, as amended by chapter  239  of
    26  the laws of 2013, is amended to read as follows:
    27    § 6608. Definition   of  practice  of  [certified]  registered  dental
    28  assisting. The practice of [certified] registered  dental  assisting  is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15948-02-8

        S. 9084                             2
     1  defined  as  providing supportive services to a dentist in [his/her] his
     2  or her performance of dental services  authorized  under  this  article.
     3  Such  support shall include providing patient education, taking prelimi-
     4  nary  medical  histories  and vital signs to be reviewed by the dentist,
     5  placing and removing rubber dams, selecting and  prefitting  provisional
     6  crowns, selecting and prefitting orthodontic bands, removing orthodontic
     7  arch  wires and ligature ties, placing and removing matrix bands, taking
     8  impressions for study casts or diagnostic  casts,  removing  periodontal
     9  dressings,  and  such other dental supportive services authorized by the
    10  dentist consistent with regulations  promulgated  by  the  commissioner,
    11  provided  that  such  functions  are performed under the direct personal
    12  supervision of a licensed dentist in the course of  the  performance  of
    13  dental  services.  Such  services  shall  not  include diagnosing and/or
    14  performing surgical procedures, irreversible  procedures  or  procedures
    15  that  would  alter the hard or soft tissue of the oral and maxillofacial
    16  area or any other procedures determined by the department. The  practice
    17  of  [certified]  registered  dental  assisting  may  be conducted in the
    18  office of any licensed dentist or in any appropriately  equipped  school
    19  or  public institution but must be done under the direct personal super-
    20  vision of a licensed dentist.  Direct personal supervision, for purposes
    21  of this  section,  means  supervision  of  dental  procedures  based  on
    22  instructions  given  by  a licensed dentist in the course of a procedure
    23  who remains in the dental office where the supportive services are being
    24  performed, personally diagnoses the condition to be treated,  personally
    25  authorizes  the  procedures,  and  before  dismissal of the patient, who
    26  remains the  responsibility  of  the  licensed  dentist,  evaluates  the
    27  services  performed  by  the registered dental assistant. Nothing herein
    28  authorizes a registered dental assistant to perform any of the  services
    29  or  functions  defined  as  part  of  the  practice of dental hygiene in
    30  accordance with the provisions of subdivision one of  section  sixty-six
    31  hundred  six of this article, except those functions authorized pursuant
    32  to this section. All dental supportive services provided in this section
    33  may be performed by currently registered dental hygienists either  under
    34  a  dentist's supervision, as defined in regulations of the commissioner,
    35  or, in the case of a registered dental hygienist working for a  hospital
    36  as defined in article twenty-eight of the public health law, pursuant to
    37  a  collaborative  arrangement with a licensed dentist in accordance with
    38  subdivision one of section sixty-six hundred six of this  article.  Such
    39  collaborative  arrangement  shall  not  obviate  or supersede any law or
    40  regulation which requires identified services to be performed under  the
    41  personal supervision of a dentist.
    42    §  5.  Section 6608-a of the education law, as added by chapter 494 of
    43  the laws of 1994, is amended to read as follows:
    44    § 6608-a. Practice of [certified] registered dental assisting and  use
    45  of  title  "[certified]  registered  dental  assistant".   Only a person
    46  certified under section sixty-six hundred eight-b  of  this  article  or
    47  exempt  pursuant  to section sixty-six hundred ten of this article shall
    48  practice [certified] registered dental assisting.  Only a person  certi-
    49  fied pursuant to section sixty-six hundred eight-b of this article shall
    50  use the title "[certified] registered dental assistant".
    51    §  6.  Section 6608-b of the education law, as added by chapter 494 of
    52  the laws of 1994, subdivision 4 as amended by chapter 300 of the laws of
    53  2006 and subdivision 5 as amended by chapter 565 of the laws of 1995, is
    54  amended to read as follows:
    55    § 6608-b. Requirements for certification as a  [certified]  registered
    56  dental  assistant.  To qualify for certification as a [certified] regis-

        S. 9084                             3
     1  tered  dental  assistant,  an  applicant  shall  fulfill  the  following
     2  requirements:
     3    (1) Application: file an application with the department;
     4    (2) Age: be at least [seventeen] eighteen years of age;
     5    (3)  Fees:  pay  a  fee  of  forty-five  dollars to the department for
     6  initial certification and a fee of  fifty  dollars  for  each  triennial
     7  registration period;
     8    (4) Education and experience: (A) have received a high school diploma,
     9  or  its  equivalent,  and (B) have successfully completed, in accordance
    10  with the commissioner's regulations, (i) an approved one-year course  of
    11  study in dental assisting in a degree-granting institution or a board of
    12  cooperative  educational  services  program  which includes at least two
    13  hundred hours of clinical experience, or an equivalent  approved  course
    14  of  study in dental assisting in a non-degree granting institution which
    15  shall not be a professional association or professional organization  or
    16  (ii)  an alternate course of study in dental assisting acceptable to the
    17  department which shall be provided by a degree-granting institution or a
    18  board of cooperative educational  services  program  which  includes  at
    19  least one thousand hours of relevant work experience; [and]
    20    (5)  Examination:  pass an examination in dental assisting given by an
    21  organization which administers such examinations [for certifying  dental
    22  assistants] and which is acceptable to the department[.]; and
    23    (6) Character: be of good moral character as determined by the depart-
    24  ment.
    25    § 7. This act shall take effect immediately.
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