STATE OF NEW YORK
________________________________________________________________________
4064
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. HYNDMAN, WILLIAMS, TAYLOR, RIVERA, DICKENS,
D'URSO, MOSLEY, GOTTFRIED, MONTESANO, LAWRENCE, GALEF -- Multi-Spon-
sored by -- M. of A. SIMON -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to registered dental
assisting
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The article heading of article 133 of the education law, as
2 added by chapter 987 of the laws of 1971, is amended to read as follows:
3 DENTISTRY [AND], DENTAL HYGIENE, AND
4 REGISTERED DENTAL ASSISTING
5 § 2. Section 6600 of the education law, as added by chapter 987 of the
6 laws of 1971, is amended to read as follows:
7 § 6600. Introduction. This article applies to the professions of
8 dentistry [and], dental hygiene, and registered dental assisting. The
9 general provisions for all professions contained in article one hundred
10 thirty of this title apply to this article.
11 § 3. Section 6603 of the education law, as amended by chapter 393 of
12 the laws of 1999, is amended to read as follows:
13 § 6603. State board for dentistry. A state board for dentistry shall
14 be appointed by the board of regents on recommendation of the commis-
15 sioner for the purpose of assisting the board of regents and the depart-
16 ment on matters of professional licensing and professional conduct in
17 accordance with section sixty-five hundred eight of this title. The
18 board shall be composed of not less than thirteen dentists licensed in
19 this state for at least five years, not less than three dental hygien-
20 ists licensed in this state for at least five years, and not less than
21 one [certified] registered dental assistant licensed in this state for
22 at least one year. An executive secretary to the board shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08322-01-9
A. 4064 2
1 appointed by the board of regents on recommendation of the commissioner
2 and shall be a dentist licensed in this state.
3 § 4. Section 6608 of the education law, as amended by chapter 239 of
4 the laws of 2013, is amended to read as follows:
5 § 6608. Definition of practice of [certified] registered dental
6 assisting. The practice of [certified] registered dental assisting is
7 defined as providing supportive services to a dentist in [his/her] his
8 or her performance of dental services authorized under this article.
9 Such support shall include providing patient education, taking prelimi-
10 nary medical histories and vital signs to be reviewed by the dentist,
11 placing and removing rubber dams, selecting and prefitting provisional
12 crowns, selecting and prefitting orthodontic bands, removing orthodontic
13 arch wires and ligature ties, placing and removing matrix bands, taking
14 impressions for study casts or diagnostic casts, removing periodontal
15 dressings, and such other dental supportive services authorized by the
16 dentist consistent with regulations promulgated by the commissioner,
17 provided that such functions are performed under the direct personal
18 supervision of a licensed dentist in the course of the performance of
19 dental services. Such services shall not include diagnosing and/or
20 performing surgical procedures, irreversible procedures or procedures
21 that would alter the hard or soft tissue of the oral and maxillofacial
22 area or any other procedures determined by the department. The practice
23 of [certified] registered dental assisting may be conducted in the
24 office of any licensed dentist or in any appropriately equipped school
25 or public institution but must be done under the direct personal super-
26 vision of a licensed dentist. Direct personal supervision, for purposes
27 of this section, means supervision of dental procedures based on
28 instructions given by a licensed dentist in the course of a procedure
29 who remains in the dental office where the supportive services are being
30 performed, personally diagnoses the condition to be treated, personally
31 authorizes the procedures, and before dismissal of the patient, who
32 remains the responsibility of the licensed dentist, evaluates the
33 services performed by the registered dental assistant. Nothing herein
34 authorizes a registered dental assistant to perform any of the services
35 or functions defined as part of the practice of dental hygiene in
36 accordance with the provisions of subdivision one of section sixty-six
37 hundred six of this article, except those functions authorized pursuant
38 to this section. All dental supportive services provided in this section
39 may be performed by currently registered dental hygienists either under
40 a dentist's supervision, as defined in regulations of the commissioner,
41 or, in the case of a registered dental hygienist working for a hospital
42 as defined in article twenty-eight of the public health law, pursuant to
43 a collaborative arrangement with a licensed dentist in accordance with
44 subdivision one of section sixty-six hundred six of this article. Such
45 collaborative arrangement shall not obviate or supersede any law or
46 regulation which requires identified services to be performed under the
47 personal supervision of a dentist.
48 § 5. Section 6608-a of the education law, as added by chapter 494 of
49 the laws of 1994, is amended to read as follows:
50 § 6608-a. Practice of [certified] registered dental assisting and use
51 of title "[certified] registered dental assistant". Only a person
52 certified under section sixty-six hundred eight-b of this article or
53 exempt pursuant to section sixty-six hundred ten of this article shall
54 practice [certified] registered dental assisting. Only a person certi-
55 fied pursuant to section sixty-six hundred eight-b of this article shall
56 use the title "[certified] registered dental assistant".
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1 § 6. Section 6608-b of the education law, as added by chapter 494 of
2 the laws of 1994, subdivision 4 as amended by chapter 300 of the laws of
3 2006 and subdivision 5 as amended by chapter 565 of the laws of 1995, is
4 amended to read as follows:
5 § 6608-b. Requirements for certification as a [certified] registered
6 dental assistant. To qualify for certification as a [certified] regis-
7 tered dental assistant, an applicant shall fulfill the following
8 requirements:
9 (1) Application: file an application with the department;
10 (2) Age: be at least [seventeen] eighteen years of age;
11 (3) Fees: pay a fee of forty-five dollars to the department for
12 initial certification and a fee of fifty dollars for each triennial
13 registration period;
14 (4) Education and experience: (A) have received a high school diploma,
15 or its equivalent, and (B) have successfully completed, in accordance
16 with the commissioner's regulations, (i) an approved one-year course of
17 study in dental assisting in a degree-granting institution or a board of
18 cooperative educational services program which includes at least two
19 hundred hours of clinical experience, or an equivalent approved course
20 of study in dental assisting in a non-degree granting institution which
21 shall not be a professional association or professional organization or
22 (ii) an alternate course of study in dental assisting acceptable to the
23 department which shall be provided by a degree-granting institution or a
24 board of cooperative educational services program which includes at
25 least one thousand hours of relevant work experience; [and]
26 (5) Examination: pass an examination in dental assisting given by an
27 organization which administers such examinations [for certifying dental
28 assistants] and which is acceptable to the department[.]; and
29 (6) Character: be of good moral character as determined by the depart-
30 ment.
31 § 7. This act shall take effect immediately.