Permits dental assistants, licensed practical nurses, and children's parents or legal guardians to perform the application of topical fluoride varnish.
STATE OF NEW YORK
________________________________________________________________________
7402--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 19, 2023
___________
Introduced by M. of A. PEOPLES-STOKES, FAHY -- read once and referred to
the Committee on Higher Education -- recommitted to the Committee on
Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the education law, in relation to permitting certain
persons 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 performance of dental services
6 authorized under this article. Such support shall include providing
7 patient education, taking preliminary medical histories and vital signs
8 to be reviewed by the dentist, placing and removing rubber dams, select-
9 ing and prefitting provisional crowns, selecting and prefitting ortho-
10 dontic bands, removing orthodontic arch wires and ligature ties, placing
11 and removing matrix bands, taking impressions for study casts or diag-
12 nostic casts, removing periodontal dressings, placing and removing
13 temporary restorations, application of topical fluoride varnish, and
14 such other dental supportive services authorized by the dentist consist-
15 ent with regulations promulgated by the commissioner, provided that such
16 functions are performed under the direct personal supervision of a
17 licensed dentist in the course of the performance of dental services.
18 Such services shall not include diagnosing and/or performing surgical
19 procedures, irreversible procedures or procedures that would alter the
20 hard or soft tissue of the oral and maxillofacial area or any other
21 procedures determined by the department. The practice of registered
22 dental assisting may be conducted in the office of any licensed dentist
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11382-04-4
A. 7402--A 2
1 or in any appropriately equipped school or public institution but must
2 be done under the direct personal supervision of a licensed dentist.
3 Direct personal supervision, for purposes of this section, means super-
4 vision of dental procedures based on instructions given by a licensed
5 dentist in the course of a procedure who remains in the dental office
6 where the supportive services are being performed, personally diagnoses
7 the condition to be treated, personally authorizes the procedures, and
8 before dismissal of the patient, who remains the responsibility of the
9 licensed dentist, evaluates the services performed by the registered
10 dental assistant. Nothing herein authorizes a registered dental assist-
11 ant to perform any of the services or functions defined as part of the
12 practice of dental hygiene in accordance with the provisions of subdivi-
13 sion one of section sixty-six hundred six of this article, except those
14 functions authorized pursuant to this section. All dental supportive
15 services provided in this section may be performed by currently regis-
16 tered dental hygienists either under a dentist's supervision, as defined
17 in regulations of the commissioner, or, in the case of a registered
18 dental hygienist working for a hospital as defined in article twenty-
19 eight of the public health law, pursuant to a collaborative arrangement
20 with a licensed dentist in accordance with subdivision one of section
21 sixty-six hundred six of this article. Such collaborative arrangement
22 shall not obviate or supersede any law or regulation which requires
23 identified services to be performed under the personal supervision of a
24 dentist.
25 § 2. Subdivision 2 of section 6902 of the education law, as amended by
26 chapter 781 of the laws of 1990, is amended to read as follows:
27 2. The practice of nursing as a licensed practical nurse is defined as
28 performing tasks and responsibilities within the framework of casefind-
29 ing, health teaching, health counseling, the application of topical
30 fluoride varnish, and provision of supportive and restorative care under
31 the direction of a registered professional nurse or licensed physician,
32 dentist or other licensed health care provider legally authorized under
33 this title and in accordance with the commissioner's regulations.
34 § 3. Section 6610 of the education law is amended by adding a new
35 subdivision 9 to read as follows:
36 9. The application of topical fluoride varnish to a child's teeth by
37 such child's parent or legal guardian, provided that such application is
38 done under the direction and supervision of a licensed practitioner
39 authorized to apply topical fluoride varnish. A licensed practitioner
40 acting within their scope of practice may prescribe topical fluoride
41 varnish for the purposes of this subdivision provided that such practi-
42 tioner dispenses written safety instructions to the parent or legal
43 guardian.
44 § 4. This act shall take effect immediately; provided, however that
45 section three of this act shall take effect eighteen months after it
46 shall have become a law. Effective immediately, the addition, amendment
47 and/or repeal of any rule or regulation necessary for the implementation
48 of this act on its effective date are authorized to be made and
49 completed on or before such date.
