Establishes a state board for dentistry and a state board for dental hygiene

Section 2 provides for certification for dental hygienists to administer or monitor nitrous oxide analgesia or local anesthesia in conjunction with the performance of dental procedures, certification criteria would be promulgated by the commissioner. The commissioner would also promulgate regulations to establish procedures, standards and an educational program to ensure that proper training or experience is completed by the dental hygienist before the issuance of the certificate. The definition of practice of dental hygiene is amended to include a broader sense of duties which would allow dental hygienists to deliver oral health through education, prevention and use of therapeutic treatments through services such as risk assessments, dental hygiene diagnosis and care. This section also lifts the impediment of care settings, allowing the dental hygienist to provide services outside of the traditional office environment under the supervision of a licensed dentist.

The title "registered dental hygienist" and use of this title will be limited to those persons licensed under section 6609 of this article or exempt, with limited permit qualifiers. Section 6607 explains the limited permit provisions and exemptions, which include:

* those who have met the requirements of the department but have not passed the examination required; * limited permits are valid for one year; * allow the practice of dental hygiene under the personal supervision of a licensed dentist or registered dental hygienist.

A limited permit for clinical instruction in a New York State registered program can be granted to those not licensed and can be valid for three years.

Justification

Dental hygienists are licensed, non-assistive health care providers who are educated and specialize in preventative oral health care. The profession is poised to reach those citizens who are not receiving basic oral health screenings and preventative dental hygiene services. This legislation will enable the profession to reach those in need of oral health care in New York. The State Board for Dental Hygiene enables the profession to advise the regents on licensing and professional conduct issues. The profession of dental hygiene has been in existence for almost ninety years and requires a board to set standards of practice and to promote oral health access in New York State.

The legislation will add "block" local anesthesia into dental hygiene practice in addition to the existing infiltration anesthesia. Block anesthesia numbs the teeth and supporting structures of the teeth while infiltration only anesthetizes the gums around the tooth. Block anesthesia is a more predictable and longer lasting pain control method for dental hygiene procedures than infiltration alone. Clinically adequate pain management during dental and dental hygiene treatment is necessary to complete many dental hygiene procedures in the absence of pain.

The new definition allows for a patient's individual assessment of need and allows a dental hygienist to perform treatment accordingly and within the practice setting most appropriate for patient need and care. Current law prohibits dental hygienists to provide care to homebound patients or those in hospice. Regardless of location and under the general supervision of a dentist, dental hygienists would, with enactment of these provisions, have the ability to reach those patients who would otherwise go without treatment.

Limited permits would allow graduates from accredited dental hygiene educational institutions to begin clinical practice under the personal supervision of a licensed dentist or dental hygienist while waiting for their official license. The second category of limited permits will provide dental hygienists from other states to assist in educational programs by employing visitors as clinical instructors.

Legislative history

2007-08, S.5478.

Fiscal implications

EFFECTIVE DATE : This act will take effect immediately.