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Relates to infiltration anesthesia and nitrous oxide analgesia in the practice of dental hygiene
(D, WF) 40th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| May 09, 2022 | signed chap.198 |
| Apr 27, 2022 | delivered to governor |
| Mar 28, 2022 | returned to senate passed assembly ordered to third reading cal.505 substituted for a9478a referred to higher education delivered to assembly passed senate |
| Mar 21, 2022 | advanced to third reading |
| Mar 15, 2022 | 2nd report cal. |
| Mar 14, 2022 | 1st report cal.701 |
| Mar 08, 2022 | print number 6694b |
| Mar 08, 2022 | amend (t) and recommit to higher education |
| Mar 01, 2022 | print number 6694a |
| Mar 01, 2022 | amend and recommit to higher education |
| Jan 05, 2022 | referred to higher education returned to senate died in assembly |
| Jun 09, 2021 | referred to higher education delivered to assembly passed senate |
| Jun 07, 2021 | ordered to third reading cal.1568 committee discharged and committed to rules |
| May 12, 2021 | referred to higher education |
(D) 26th Senate District
Relates to infiltration anesthesia and nitrous oxide analgesia in the practice of registered dental hygiene.
BILL NUMBER: S6694 SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the education law, in relation to infiltration anes- thesia and nitrous oxide analgesia in the practice of dental assisting PURPOSE: This bill allows dental hygienists to use local infiltration and nitrous oxide anesthetic modalities to assist a dentist in performing any dental service and allows registered dental assistants to place and remove temporary restorations. SUMMARY OF PROVISIONS: This bill amends article 133, sections 6605-b and 6608 of the Education Law. Section 1 of the bill removes the restriction that dental hygienists can only use local infiltration anesthesia and nitrous oxide for dental
hygiene procedures and makes technical changes to refer to "article" instead of the incorrect term "title" of the Education Law. Section 2 of the bill adds placing and removing temporary restorations to the definition of practice of registered dental assisting. Section 3 of the bill provides that the bill shall take effect imme- diately. JUSTIFICATION: Dental hygienists are allowed to provide nitrous oxide analgesia and to administer and monitor local infiltration anesthesia, but are currently limited to using these modalities only for dental hygiene procedures when it would be much more logical and efficient for both dentists and patients that dental hygienists be able to use these modalities to assist dentists with any dental procedures. Many dental services require the use of local infiltration anesthesia and nitrous oxide and there are no public safety issues inherent in allowing a qualified, trained dental hygienist to administer those under the supervision of a dentist to help the dentist perform all necessary dental services. This legislation will allow dental offices to function more efficiently, thereby benefiting the patient and allowing dentists and dental hygienists to provide greater access to care. In 2007, the New York State Education Department mandated that regis- tered dental assisting programs teach and train registered dental assistants to place and remove temporary restorations, declaring in its official directive from then Deputy Commissioner for the Professions, Frank Munoz, to such academic programs that these procedures were within the scope of practice of registered dental assistants and they needed to be educated and trained to perform them. However, the registered dental assisting scope of practice law was never updated to match that direc- tive that has been carried out ever since 2007. The bill fixes that technical glitch to match the existing education standards and training of registered dental assistants to their scope of practice law. LEGISLATIVE HISTORY: S.5848-C from 1/29/2020, amending S.5848-B passed in the Senate 6/20/2019. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately upon being signed into law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 6694 2021-2022 Regular Sessions I N S E N A T E May 12, 2021 ___________ Introduced by Sens. HARCKHAM, GOUNARDES -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion AN ACT to amend the education law, in relation to infiltration anes- thesia and nitrous oxide analgesia in the practice of dental assisting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 6605-b of the education law, as added by chapter 437 of the laws of 2001, is amended to read as follows: 1. A dental hygienist shall not administer or monitor nitrous oxide analgesia or local infiltration anesthesia in the practice of dental hygiene without a dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia certificate and except under the personal supervision of a dentist [and in conjunction with the perform- ance of dental hygiene procedures] authorized by law and in accordance with regulations promulgated by the commissioner. Personal supervision, for purposes of this section, means that the supervising dentist remains in the dental office where the local infiltration anesthesia or nitrous oxide analgesia services are being performed, personally authorizes and prescribes the use of local infiltration anesthesia or nitrous oxide analgesia for the patient and, before dismissal of the patient, personally examines the condition of the patient after the use of local infiltration anesthesia or nitrous oxide analgesia is completed. It is professional misconduct for a dentist to fail to provide the supervision required by this section, and any dentist found guilty of such miscon- duct under the procedures prescribed in section sixty-five hundred ten of this [title] ARTICLE shall be subject to the penalties prescribed in section sixty-five hundred eleven of this [title] ARTICLE. § 2. Section 6608 of the education law, as amended by chapter 390 of the laws of 2019, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11407-01-1
S. 6694 2 § 6608. Definition of practice of registered dental assisting. The practice of registered dental assisting is defined as providing support- ive services to a dentist in his or her performance of dental services authorized under this article. Such support shall include providing patient education, taking preliminary medical histories and vital signs to be reviewed by the dentist, placing and removing rubber dams, select- ing and prefitting provisional crowns, selecting and prefitting ortho- dontic bands, removing orthodontic arch wires and ligature ties, placing and removing matrix bands, taking impressions for study casts or diag- nostic casts, removing periodontal dressings, PLACING AND REMOVING TEMPORARY RESTORATIONS, and such other dental supportive services authorized by the dentist consistent with regulations promulgated by the commissioner, provided that such functions are performed under the direct personal supervision of a licensed dentist in the course of the performance of dental services. Such services shall not include diagnos- ing and/or performing surgical procedures, irreversible procedures or procedures that would alter the hard or soft tissue of the oral and maxillofacial area or any other procedures determined by the department. The practice of registered dental assisting may be conducted in the office of any licensed dentist or in any appropriately equipped school or public institution but must be done under the direct personal super- vision of a licensed dentist. Direct personal supervision, for purposes of this section, means supervision of dental procedures based on instructions given by a licensed dentist in the course of a procedure who remains in the dental office where the supportive services are being performed, personally diagnoses the condition to be treated, personally authorizes the procedures, and before dismissal of the patient, who remains the responsibility of the licensed dentist, evaluates the services performed by the registered dental assistant. Nothing herein authorizes a registered dental assistant to perform any of the services or functions defined as part of the practice of dental hygiene in accordance with the provisions of subdivision one of section sixty-six hundred six of this article, except those functions authorized pursuant to this section. All dental supportive services provided in this section may be performed by currently registered dental hygienists either under a dentist's supervision, as defined in regulations of the commissioner, or, in the case of a registered dental hygienist working for a hospital as defined in article twenty-eight of the public health law, pursuant to a collaborative arrangement with a licensed dentist in accordance with subdivision one of section sixty-six hundred six of this article. Such collaborative arrangement shall not obviate or supersede any law or regulation which requires identified services to be performed under the personal supervision of a dentist. § 3. This act shall take effect immediately.
