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A07732 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 11, 2017
        Introduced  by  M.  of  A.  PAULIN,  HARRIS,  THIELE, ORTIZ, ABINANTI --
          Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
          Committee on Higher Education
        AN ACT to amend the education law, in relation to local block anesthesia
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 6605-b of the education law, as  added  by  chapter
     2  437 of the laws of 2001, is amended to read as follows:
     3    § 6605-b.  Dental  hygiene  restricted  local  infiltration  and block
     4  anesthesia/nitrous oxide analgesia certificate. 1.  A  dental  hygienist
     5  shall  not administer or monitor nitrous oxide analgesia or local infil-
     6  tration or block anesthesia in the practice of dental hygiene without  a
     7  dental    hygiene    restricted    local    infiltration    and    block
     8  anesthesia/nitrous oxide analgesia  certificate  and  except  under  the
     9  personal  supervision  of a dentist and in conjunction with the perform-
    10  ance of dental hygiene procedures authorized by law  and  in  accordance
    11  with  regulations promulgated by the commissioner. Personal supervision,
    12  for purposes of this section, means that the supervising dentist remains
    13  in the dental office where the local infiltration or block anesthesia or
    14  nitrous oxide analgesia services are being performed, personally author-
    15  izes and prescribes the use of local infiltration or block anesthesia or
    16  nitrous oxide analgesia for the patient and,  before  dismissal  of  the
    17  patient,  personally examines the condition of the patient after the use
    18  of local infiltration or block anesthesia or nitrous oxide analgesia  is
    19  completed.  It  is  professional  misconduct  for  a  dentist to fail to
    20  provide the supervision required by this section, and any dentist  found
    21  guilty  of  such  misconduct  under the procedures prescribed in section
    22  sixty-five hundred ten of this [title] article shall be subject  to  the
    23  penalties  prescribed  in  section  sixty-five  hundred  eleven  of this
    24  [title] article.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7732                             2
     1    2. The commissioner shall promulgate regulations  establishing  stand-
     2  ards and procedures for the issuance of such certificate. Such standards
     3  shall  require  completion  of  an  educational program and/or course of
     4  training or experience sufficient to ensure that a dental  hygienist  is
     5  specifically  trained  in  the  administration and monitoring of nitrous
     6  oxide analgesia and local infiltration or block anesthesia, the possible
     7  effects of such use, and in the recognition of and response to  possible
     8  emergency situations.
     9    3.  The  fee  for  a  dental hygiene restricted local infiltration and
    10  block anesthesia/nitrous oxide analgesia certificate  shall  be  twenty-
    11  five dollars and shall be paid on a triennial basis upon renewal of such
    12  certificate.  A  certificate  may  be  suspended  or revoked in the same
    13  manner as a license to practice dental hygiene.
    14    § 2. Subdivision 1 of section 6606 of the education law, as amended by
    15  chapter 239 of the laws of 2013, is amended to read as follows:
    16    1. The practice of the profession of dental hygiene is defined as  the
    17  performance  of  dental services which shall include removing calcareous
    18  deposits, accretions and stains from the exposed surfaces of  the  teeth
    19  which  begin  at  the  epithelial attachment and applying topical agents
    20  indicated for a complete dental prophylaxis, removing cement, placing or
    21  removing rubber dam, removing sutures, placing  matrix  band,  providing
    22  patient  education,  applying  topical  medication, placing and exposing
    23  diagnostic dental X-ray films, performing topical fluoride  applications
    24  and  topical  anesthetic  applications,  polishing teeth, taking medical
    25  history, charting caries, taking impressions for  study  casts,  placing
    26  and   removing  temporary  restorations,  administering  and  monitoring
    27  nitrous oxide analgesia and administering and  monitoring  local  infil-
    28  tration  and  block  anesthesia,  subject to certification in accordance
    29  with section sixty-six hundred five-b of this  article,  and  any  other
    30  function in the definition of the practice of dentistry as may be deleg-
    31  ated by a licensed dentist in accordance with regulations promulgated by
    32  the commissioner. The practice of dental hygiene may be conducted in the
    33  office  of  any licensed dentist or in any appropriately equipped school
    34  or public institution but must be done either under the supervision of a
    35  licensed dentist or, in the case of a registered dental hygienist  work-
    36  ing  for  a  hospital  as  defined in article twenty-eight of the public
    37  health law, pursuant to a collaborative arrangement with a licensed  and
    38  registered  dentist who has a formal relationship with the same hospital
    39  in accordance with regulations promulgated by the department in  consul-
    40  tation  with  the  department  of health. Such collaborative arrangement
    41  shall not obviate or supersede any  law  or  regulation  which  requires
    42  identified  services to be performed under the personal supervision of a
    43  dentist. When dental hygiene services are provided pursuant to a  colla-
    44  borative  agreement, such dental hygienist shall instruct individuals to
    45  visit a licensed dentist for comprehensive examination or treatment.
    46    § 3. This act shall take effect immediately.
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