Provides that a dental hygienist shall not administer local block anesthesia without a certificate and except under the personal supervision of a dentist and in conjunction with the performance of dental hygiene procedures authorized by law and in accordance with regulations promulgated by the commissioner.
STATE OF NEW YORK
________________________________________________________________________
462
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. PAULIN, THIELE, ORTIZ, ABINANTI -- Multi-Spon-
sored 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.
LBD03787-01-9
A. 462 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.
