Bill Text: NY S05848 | 2019-2020 | General Assembly | Amended
Bill Title: Provides that a dental hygienist shall not administer anesthesia without a certificate and except under the personal supervision of a dentist authorized by law and in accordance with regulations promulgated by the commissioner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-01-29 - PRINT NUMBER 5848C [S05848 Detail]
Download: New_York-2019-S05848-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5848--C 2019-2020 Regular Sessions IN SENATE May 15, 2019 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report -- amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third read- ing -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to infiltration anes- thesia, nitrous oxide, and dental assisting practice The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 6605-b of the education law, as 2 added by chapter 437 of the laws of 2001, is amended to read as follows: 3 1. A dental hygienist shall not administer or monitor nitrous oxide 4 analgesia or local infiltration anesthesia in the practice of dental 5 hygiene without a dental hygiene restricted local infiltration 6 anesthesia/nitrous oxide analgesia certificate and except under the 7 personal supervision of a dentist [and in conjunction with the perform-8ance of dental hygiene procedures] authorized by law and in accordance 9 with regulations promulgated by the commissioner. Personal supervision, 10 for purposes of this section, means that the supervising dentist remains 11 in the dental office where the local infiltration anesthesia or nitrous 12 oxide analgesia services are being performed, personally authorizes and 13 prescribes the use of local infiltration anesthesia or nitrous oxide 14 analgesia for the patient and, before dismissal of the patient, 15 personally examines the condition of the patient after the use of local 16 infiltration anesthesia or nitrous oxide analgesia is completed. It is 17 professional misconduct for a dentist to fail to provide the supervision EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03787-14-0S. 5848--C 2 1 required by this section, and any dentist found guilty of such miscon- 2 duct under the procedures prescribed in section sixty-five hundred ten 3 of this title shall be subject to the penalties prescribed in section 4 sixty-five hundred eleven of this title. 5 § 2. Section 6608 of the education law, as amended by chapter 390 of 6 the laws of 2019, is amended to read as follows: 7 § 6608. Definition of practice of registered dental assisting. The 8 practice of registered dental assisting is defined as providing support- 9 ive services to a dentist in his or her performance of dental services 10 authorized under this article. Such support shall include providing 11 patient education, taking preliminary medical histories and vital signs 12 to be reviewed by the dentist, placing and removing rubber dams, select- 13 ing and prefitting provisional crowns, selecting and prefitting ortho- 14 dontic bands, removing orthodontic arch wires and ligature ties, placing 15 and removing matrix bands, taking impressions for study casts or diag- 16 nostic casts, removing periodontal dressings, placing and removing 17 temporary restorations, and such other dental supportive services 18 authorized by the dentist consistent with regulations promulgated by the 19 commissioner, provided that such functions are performed under the 20 direct personal supervision of a licensed dentist in the course of the 21 performance of dental services. Such services shall not include diagnos- 22 ing and/or performing surgical procedures, irreversible procedures or 23 procedures that would alter the hard or soft tissue of the oral and 24 maxillofacial area or any other procedures determined by the department. 25 The practice of registered dental assisting may be conducted in the 26 office of any licensed dentist or in any appropriately equipped school 27 or public institution but must be done under the direct personal super- 28 vision of a licensed dentist. Direct personal supervision, for purposes 29 of this section, means supervision of dental procedures based on 30 instructions given by a licensed dentist in the course of a procedure 31 who remains in the dental office where the supportive services are being 32 performed, personally diagnoses the condition to be treated, personally 33 authorizes the procedures, and before dismissal of the patient, who 34 remains the responsibility of the licensed dentist, evaluates the 35 services performed by the registered dental assistant. Nothing herein 36 authorizes a registered dental assistant to perform any of the services 37 or functions defined as part of the practice of dental hygiene in 38 accordance with the provisions of subdivision one of section sixty-six 39 hundred six of this article, except those functions authorized pursuant 40 to this section. All dental supportive services provided in this section 41 may be performed by currently registered dental hygienists either under 42 a dentist's supervision, as defined in regulations of the commissioner, 43 or, in the case of a registered dental hygienist working for a hospital 44 as defined in article twenty-eight of the public health law, pursuant to 45 a collaborative arrangement with a licensed dentist in accordance with 46 subdivision one of section sixty-six hundred six of this article. Such 47 collaborative arrangement shall not obviate or supersede any law or 48 regulation which requires identified services to be performed under the 49 personal supervision of a dentist. 50 § 3. This act shall take effect immediately.
