Bill Text: NY S09308 | 2023-2024 | General Assembly | Amended

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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 1-0)

Status: (Introduced) 2024-05-22 - PRINT NUMBER 9308A [S09308 Detail]

Download: New_York-2023-S09308-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9308--A

                    IN SENATE

                                      May 10, 2024
                                       ___________

        Introduced by Sen. FERNANDEZ -- 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 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] such dentist's performance of
     6  dental services  authorized  under  this  article.  Such  support  shall
     7  include  providing  patient education, taking preliminary medical histo-
     8  ries and vital signs to be reviewed by the dentist, placing and removing
     9  rubber dams, selecting and prefitting provisional crowns, selecting  and
    10  prefitting  orthodontic bands, removing orthodontic arch wires and liga-
    11  ture ties, placing and removing matrix  bands,  taking  impressions  for
    12  study casts or diagnostic casts, removing periodontal dressings, placing
    13  and  removing  temporary  restorations,  application of topical fluoride
    14  varnish, and such other dental supportive  services  authorized  by  the
    15  dentist  consistent  with  regulations  promulgated by the commissioner,
    16  provided that such functions are performed  under  the  direct  personal
    17  supervision  of  a  licensed dentist in the course of the performance of
    18  dental services. Such  services  shall  not  include  diagnosing  and/or
    19  performing  surgical  procedures,  irreversible procedures or procedures
    20  that would alter the hard or soft tissue of the oral  and  maxillofacial
    21  area  or any other procedures determined by the department. The practice
    22  of registered dental assisting may be conducted in  the  office  of  any
    23  licensed  dentist  or  in  any  appropriately  equipped school or public
    24  institution but must be done under the direct personal supervision of  a
    25  licensed  dentist.  Direct  personal  supervision,  for purposes of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11382-07-4
        S. 9308--A                          2

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