Bill Text: HI SB344 | 2017 | Regular Session | Amended
Bill Title: Relating To Dental Assistants.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2017-03-09 - Referred to HLT/IAC, CPC, referral sheet 27 [SB344 Detail]
Download: Hawaii-2017-SB344-Amended.html
|
THE SENATE |
S.B. NO. |
344 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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 duty and scope of practice for licensed dental hygienists. It is also important that unlicensed persons do not infringe upon a particular 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.
The legislature's intent is to make clear that if the board of dental examiners wishes to amend the scope of practice for licensed professionals or auxiliary personnel under the board's purview, then the board must approach the legislature, so such a change can be made in statute.
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,
overlap with, or conflict with the duties and scope of practice for any other
licensed professional. 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, 2017.
Report Title:
Dental Hygienists; Dental Assistants; Licensing; Scope of Practice
Description:
Clarifies the allowable and prohibited practices requirements for dental assistants. Clarifies that rules shall not infringe upon, overlap with, or conflict with the duties and scope of practice for other licensed professionals. Prohibits persons from employing, directing, or ordering a dental assistant or other person to perform services or procedures within the scope of practice of dental hygiene. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
