Bill Text: HI SB2584 | 2020 | Regular Session | Introduced
Bill Title: Relating To Dental Assistants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - This measure has been deleted from the meeting scheduled on Monday 03-16-20 2:00PM in conference room 329. [SB2584 Detail]
Download: Hawaii-2020-SB2584-Introduced.html
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THE SENATE |
S.B. NO. |
2584 |
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THIRTIETH LEGISLATURE, 2020 |
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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 the proper standardization and regulation of dental assistants is necessary to ensure the health, safety, and well-being of the State's citizens. Currently, Hawaii is one of only a handful of states that does not require dental assistants to be certified, and the legislature finds that this exposes patients to unnecessary risks. The legislature further finds that establishing minimum requirements for dental assistants, including educational requirements, will ensure that dental patients receive the best available care.
Accordingly, the purpose of this Act is to establish minimum requirements for dental assistants in Hawaii, including:
(1) Requiring an individual hired as a dental assistant on or after July 1, 2021, to hold a cardiopulmonary resuscitation certification and complete a two-semester program accredited by the American Dental Association Commission on Dental Accreditation;
(2) Requiring all dental assistants employed as of July 1, 2020, to obtain a cardiopulmonary resuscitation certification by July 1, 2021;
(3) Requiring an individual employed as a dental assistant for less than five years as of July 1, 2020, to provide proof of enrollment in a two-semester program accredited by the American Dental Association Commission on Dental Accreditation;
(4) Exempting an individual employed as a dental assistant for at least five years as of July 1, 2020, from the education requirements for dental assistants; provided that the individual has no history of complaints filed with the board of dentistry; and
(5) Clarifying the allowable and prohibited practices of dental assistants.
SECTION 2. Chapter 448, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§448- Dental assistants; requirements; allowed
and prohibited practices. (a) All individuals hired as dental assistants in
this State on or after July 1, 2021, shall:
(1) Hold a
cardiopulmonary resuscitation certification; and
(2) Provide proof
to the board that the dental assistant has successfully completed a
two-semester program accredited by the American Dental Association Commission
on Dental Accreditation.
(b) An individual employed as a dental assistant
as of July 1, 2020, shall obtain a cardiopulmonary resuscitation certification by
July 1, 2021.
(c) An individual employed as a dental assistant
for less than five years as of July 1, 2020, shall provide proof to the board
that the individual has enrolled in a two-semester program accredited by the
American Dental Association Commission on Dental Accreditation by July 1, 2021.
(d) An individual employed as a dental assistant
for at least five years as of July 1, 2020, shall be exempt from the education
requirement under subsection (a)(2); provided that the individual has no history
of complaints filed with the board.
(e) A dental assistant may perform the following
supportive dental procedures under the direct supervision, direction,
evaluation, and responsibility of a licensed dentist:
(1) Assisting a licensed dentist who is actually
performing a dental procedure on a patient, including:
(A) Preparing procedural trays or armamentaria
set-ups;
(B) Retracting a patient's oral tissues to
maintain the field of operation during the dental procedure;
(C) Removing
debris, as is normally created and accumulated during or after operative
procedures by the dentist;
(D) Placing and removing the rubber dam;
(E) Mixing dental materials; and
(F) Transferring dental instruments or any other
concept of four-handed dentistry the dentist requires to perform the procedure;
(2) Assisting a licensed dental hygienist in
the performance of the duties of the dental hygienist; provided that the
assistance shall not include procedures included in subsection (f);
(3) Collecting medical and dental histories,
taking intra-oral and extra-oral photographs, and recording or charting
clinical findings as dictated by a licensed dentist or dental hygienist;
(4) Completing prescription and authorization
forms for drug or restorative, prosthodontic, or orthodontic appliance for the
supervising licensed dentist; provided that the licensed dentist signs the
forms;
(5) Conducting mouth mirror supragingival
inspections and reporting observations to the supervising licensed dentist;
provided that the inspection and reporting observations shall not be
interpreted as an oral cancer screening;
(6) Exposing, processing, mounting, and
labeling radiographs;
(7) Making impressions for study casts;
opposing models; occlusal appliances, such as splints and bite guards; mouth
guards; orthodontic retainers; and medicament trays;
(8) Making intra-oral measurements for
orthodontic procedures; performing the preliminary selection and sizing of
bands; checking for loose bands and bonded brackets; placing and removing orthodontic
separators, ligature ties, and inter-arch elastics, including chain elastics
and rubber bands; fitting and removing head appliances; and removing arch
wires;
(9) Measuring and recording vital signs;
(10) Monitoring the nitrous oxide/oxygen unit and
reporting to the supervising dentist any adverse observations; provided that
the licensed dentist shall evaluate, initiate, and administer the sedation;
(11) Placing matrix retainers;
(12) Placing non-aerosol topical anesthetics;
(13) Relating pre-operative and post-operative
instructions and patient education in oral hygiene as instructed by the
supervising licensed dentist or licensed dental hygienist;
(14) Removing dressing and sutures;
(15) Removing excess supragingival cement after
a licensed dentist has placed a permanent or temporary prosthetic restoration,
appliance, or orthodontic band with hand instruments; and
(16) Performing a try-in with any removable
prosthetic or orthodontic appliance; provided that the supervising licensed
dentist shall make the adjustments.
(f) A dental assistant shall not perform any
activity deemed to be irreversible so as to cause change in the affected hard
or soft tissues and is permanent, may require reconstructive or corrective procedures,
or represents the practice of dentistry and dental hygiene or requires the
knowledge, skill, and training of a licensed dentist or licensed dental
hygienist, including the following procedures and intra-oral functions:
(1) Administering local anesthetic, sedation,
or general anesthesia;
(2) Cementing, bonding, and adjusting any part
of a prosthesis or appliance worn in the mouth;
(3) Cementing or re-cementing, finishing
margins, performing a try-in, and adjusting the occlusion of a temporary or
permanent fixed prosthetic restoration, or placing cement bases;
(4) Cementing bands and brackets or activating
any orthodontic appliance;
(5) Establishing occlusal vertical dimension,
making bite registrations, or making face-bow transfers;
(6) Examining, diagnosing, or prescribing a
treatment plan;
(7) Making final impressions, which would lead
to the fabrication of any appliance or prosthesis that, when worn by the
patient, would come in direct contact with hard or soft tissues with the
exception of the procedures listed in subsection (e)(7);
(8) Performing any endodontic procedure to
ream, file, irrigate, medicate, dry, try-in cores, or fill root canals, or
establishing the length of the tooth;
(9) Performing any surgical or cutting
procedures on hard or soft tissues, extracting teeth, or suturing;
(10) Placing, condensing, carving, finishing, or
adjusting the occlusion of final restorations; or placing cavity liners,
medicaments, or pulp cap materials;
(11) Placings materials subgingivally including
but not limited to prescriptive medicaments, retraction cords, and other
devices that are used for tissue displacement;
(12) Prescribing medications or authorizing the
fabrication of any restorative, prosthodontic, or orthodontic appliances;
(13) Performing pulp vitality tests or other
non-surgical clinical and laboratory oral diagnostic tests;
(14) Using ultrasonic instruments or polishing
natural or restored surfaces;
(15) Applying pit and fissure sealants;
(16) Performing non-surgical periodontal scaling
and root planing, and periodontal maintenance;
(17) Performing dental prophylaxis, coronal
polish natural or restored surfaces, or removing overhangs;
(18) Placing periodontal dressing;
(19) Collecting, documenting, and assessing
comprehensive patient data including but not limited to screenings for oral
cancer, periodontal chartings, indices, and risk assessments, which identify
dental hygiene needs;
(20) Establishing a dental hygiene care plan that
reflects dental hygiene goals and strategies; or
(21) Providing dental hygiene care including but not limited to pain management, full mouth debridement, care of restorations, behavior modification, or preventative education and nutrition counseling as it relates to oral health."
SECTION 3. 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 the 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 of the dental
assistant and regulatory directives shall be delineated under rules which the board
of dentistry may from time to time adopt.] pursuant to section 488- ."
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, 2020.
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INTRODUCED BY: |
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Report Title:
Dental Assistants; Minimum Requirements; Certifications
Description:
Establishes minimum requirements for dental assistants. Clarifies the allowable and prohibited practices by dental assistants.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
