STATE OF NEW YORK
________________________________________________________________________
988
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
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Introduced by M. of A. PHEFFER, PAULIN, GABRYSZAK, REILLY, MAISEL --
Multi-Sponsored by -- M. of A. HEASTIE, WEISENBERG -- read once and
referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to allowing dental
hygienists to perform anesthesia
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 6606 of the education law, as
2 amended by chapter 437 of the laws of 2001, is amended to read as
3 follows:
4 1. The practice of the profession of dental hygiene is defined as the
5 performance of dental services which shall include removing calcareous
6 deposits, accretions and stains from the exposed surfaces of the teeth
7 which begin at the epithelial attachment and applying topical agents
8 indicated for a complete dental prophylaxis, removing cement, placing or
9 removing rubber dam, removing sutures, placing matrix band, providing
10 patient education, applying topical medication, placing and exposing
11 X-ray films, performing topical fluoride applications and topical anes-
12 thetic applications, polishing teeth, taking medical history, charting
13 caries, taking impressions for study casts, placing and removing tempo-
14 rary restorations, administering and monitoring nitrous oxide analgesia
15 and administering and monitoring local [infiltration] anesthesia,
16 subject to certification in accordance with section sixty-six hundred
17 five-b of this article, and any other function in the definition of the
18 practice of dentistry as may be delegated by a licensed dentist in
19 accordance with regulations promulgated by the commissioner. The prac-
20 tice of dental hygiene may be conducted in the office of any licensed
21 dentist or in any appropriately equipped school or public institution
22 but must be done under the supervision of a licensed dentist.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00531-01-1
A. 988 2
1 § 2. Section 6605-b of the education law, as added by chapter 437 of
2 the laws of 2001, is amended to read as follows:
3 § 6605-b. Dental hygiene [restricted] local [infiltration]
4 anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist
5 shall not administer or monitor nitrous oxide analgesia or local [infil-
6 tration] anesthesia in the practice of dental hygiene without a dental
7 hygiene [restricted] local [infiltration] anesthesia/nitrous oxide
8 analgesia certificate and except under the personal supervision of a
9 dentist [and in conjunction with the performance of dental hygiene
10 procedures authorized by law] and in accordance with regulations promul-
11 gated by the commissioner. Personal supervision, for purposes of this
12 section, means that the supervising dentist remains in the dental office
13 where the local [infiltration] anesthesia or nitrous oxide analgesia
14 services are being performed, personally authorizes and prescribes the
15 use of local [infiltration] anesthesia or nitrous oxide analgesia for
16 the patient and, before dismissal of the patient, personally examines
17 the condition of the patient after the use of local [infiltration] anes-
18 thesia or nitrous oxide analgesia is completed. It is professional
19 misconduct for a dentist to fail to provide the supervision required by
20 this section, and any dentist found guilty of such misconduct under the
21 procedures prescribed in section sixty-five hundred ten of this title
22 shall be subject to the penalties prescribed in section sixty-five
23 hundred eleven of this title.
24 2. The commissioner shall promulgate regulations establishing stand-
25 ards and procedures for the issuance of such certificate. Such standards
26 shall require completion of an educational program and/or course of
27 training or experience sufficient to ensure that a dental hygienist is
28 specifically trained in the administration and monitoring of nitrous
29 oxide analgesia and local [infiltration] anesthesia, the possible
30 effects of such use, and in the recognition of and response to possible
31 emergency situations.
32 3. The fee for a dental hygiene [restricted] local [infiltration]
33 anesthesia/nitrous oxide analgesia certificate shall be twenty-five
34 dollars and shall be paid on a triennial basis upon renewal of such
35 certificate. A certificate may be suspended or revoked in the same
36 manner as a license to practice dental hygiene.
37 § 3. This act shall take effect January 1, 2012.
