Bill Text: HI HB374 | 2017 | Regular Session | Amended
Bill Title: Relating To Dental Assistants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-07-07 - Act 084, 07/05/2017 (Gov. Msg. No. 1185). [HB374 Detail]
Download: Hawaii-2017-HB374-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
374 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DENTAL ASSISTANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that existing law permits duly licensed and registered dentists to employ auxiliary personnel, known as dental assistants, to assist a dentist in the dentist's practice. Like dental hygienists, dental assistants are a valuable part of a dental team. However, dental assistants are not currently licensed or certified in Hawaii and are not required to meet the same stringent standards of training and care as licensed dental hygienists. The legislature notes that some concerns have been raised over proposed expansion by rule of the duties of a dental assistant and whether those duties would overlap with duties currently within the scope of practice for licensed dental hygienists.
The legislature additionally finds that it is important for those in the field of dentistry to be aware of and adhere to legislatively determined parameters regarding the duty and scope of practice for licensed dental hygienists. It is also important that unlicensed persons do not infringe upon any licensed profession's scope of practice. The legislature also finds that training and education for dental assistants are important. However, it is not appropriate for unlicensed auxiliary personnel to be expected or required to perform duties, activities, or functions that, if performed by a dental hygienist, would require licensure.
Accordingly, the purpose of this Act is to clarify the allowable and prohibited practices for dental assistants.
SECTION 2. Section 448-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A duly licensed and registered
dentist may employ auxiliary personnel, other than registered dental
hygienists, to assist the dentist in executing the dentist's
practice of dentistry. These employees shall be known as dental assistants and
shall perform all duties assigned to them under the supervision, direction,
and responsibility of the dentist. [Duties] Additional duties of
the dental assistant and regulatory directives [shall] may be
delineated under rules which the board of dental examiners may from time to
time adopt[.]; provided that the rules shall not infringe upon or
overlap or conflict with the duties and scope of practice for licensed dental
hygienists under chapter 447. No person shall employ, direct, or otherwise
order a dental assistant or other person to perform services or procedures
within the scope of practice of dental hygiene as provided in chapter 447,
unless the person who performs the services or procedures is a licensed dental
hygienist under section 447-1."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2090.
Report Title:
Dental Hygienists; Dental Assistants; Licensing
Description:
Clarifies the allowable and prohibited practice requirements for dental assistants. Prohibits the ordering of a person without a dental hygienist license to perform services or procedures within the scope of practice of dental hygiene. (HB374 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
