New York State Assembly

 
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A00488 Summary:

A00488 Actions:

A00488 Committee Votes:

Committee:RULES   Chair:Pretlow      
DATE:06/06/2024AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Excused
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/06/2024AYE/NAY:35/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

A00488 Floor Votes:

A00488 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         488--C
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Higher  Education -- recommitted to the Committee on Higher Educa-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said committee -- recommitted to the Committee on Higher Education
          in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to  the  Committee  on  Higher  Education  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02162-11-4
        A. 488--C                           2
 
     1  and  administering and monitoring local infiltration anesthesia, subject
     2  to certification in accordance with section sixty-six hundred five-b  of
     3  this  article,  and any other function in the definition of the practice
     4  of  dentistry  as  may  be delegated by a licensed dentist in accordance
     5  with regulations promulgated by the commissioner. The practice of dental
     6  hygiene may be conducted in the office of any licensed dentist or in any
     7  appropriately equipped school or public institution but [must] shall  be
     8  done either under the supervision of a licensed dentist or[, in the case
     9  of  a  registered  dental hygienist working for a hospital as defined in
    10  article twenty-eight of the public health law, pursuant to a  collabora-
    11  tive arrangement with a licensed and registered dentist who has a formal
    12  relationship  with  the  same  hospital  in  accordance with regulations
    13  promulgated by the department in consultation  with  the  department  of
    14  health]  may be performed by a registered dental hygienist designated as
    15  a registered dental hygienist, collaborative practice  in  collaboration
    16  with  a licensed dentist provided such services are performed in accord-
    17  ance with a written practice agreement and written practice protocols to
    18  be known as a collaborative practice agreement.  Under  a  collaborative
    19  practice agreement, dental hygienists may perform all services which are
    20  designated  in regulation under general supervision without prior evalu-
    21  ation of a dentist or medical professional and may be performed  without
    22  supervision  in  an authorized setting as defined in subdivision four of
    23  this section. Such  collaborative  [arrangement]  agreements  shall  not
    24  obviate  or  supersede  any  law or regulation which requires identified
    25  services to be performed under the personal supervision  of  a  dentist.
    26  [When  dental  hygiene services are provided pursuant to a collaborative
    27  agreement, such dental hygienist shall instruct individuals to  visit  a
    28  licensed dentist for comprehensive examination or treatment.]
    29    2. The collaborative practice agreement shall:
    30    (a)  be signed and maintained by the dentist, the dental hygienist and
    31  authorized setting;
    32    (b) be reviewed annually by the dentist and dental hygienist;
    33    (c) include consideration for medically compromised patients, specific
    34  medical conditions, and age- and procedure-specific practice  protocols,
    35  including,  but not limited to recommended intervals for the performance
    36  of  dental  hygiene services  and  a periodicity in which an examination
    37  by a dentist should occur; and
    38    (d) be made available to the department and other  interested  parties
    39  upon request.
    40    3.  Before  performing  services  pursuant to a collaborative practice
    41  agreement, a dental hygienist, collaborative practice shall provide  the
    42  patient  with  a  written statement advising the patient that the dental
    43  hygiene services provided are not a substitute for a dental  examination
    44  by  a  licensed  dentist. If the dental hygienist makes any referrals to
    45  the patient for further procedures, the dental hygienist shall fill  out
    46  a  referral  form  and  provide  a copy of the form to the collaborating
    47  dentist.
    48    4. The performance of services pursuant to a  collaborative  agreement
    49  is  authorized in the following settings: a hospital as defined in arti-
    50  cle twenty-eight of the public health  law,  an  appropriately  equipped
    51  school,  a federally qualified health center, a long-term care facility,
    52  a group home servicing people with intellectual and developmental  disa-
    53  bilities,  a  facility serving veterans, a temporary housing facility, a
    54  prison, a drug treatment facility,  a  domestic  violence  shelter,  and
    55  appropriate settings in which homebound residents are unable to be relo-
    56  cated for necessary treatment.
        A. 488--C                           3
 
     1    5.  A registered  dental  hygienist, collaborative practice shall have
     2  no more than one collaborative agreement  with  a dentist at one time.
     3    6.  A  dentist shall not have a collaborative agreement with more than
     4  six registered dental hygienists, collaborative practice  at  one  time.
     5  The  department  may  grant  an  exception to such limitation for public
     6  health settings on a case-by-case basis.
     7    7. A dental hygienist shall file an application with the department to
     8  practice as a registered dental hygienist,  collaborative  practice  and
     9  pay  a fee determined by the department. As a condition of collaborative
    10  practice, the dental hygienist shall have been engaged in  practice  for
    11  three  years with a minimum of four thousand five hundred practice hours
    12  and shall complete  an  eight-hour  continuing  education  program  that
    13  includes  instruction  in medical emergency procedures, risk management,
    14  dental hygiene jurisprudence and professional ethics.
    15    8. The commissioner shall promulgate regulations  defining  the  func-
    16  tions a dental hygienist may perform that are consistent with the train-
    17  ing and qualifications for a license as a dental hygienist.
    18    §  2.  This  act shall take effect eighteen months after it shall have
    19  become a law.