Update Dental Assistant Rules

Section 1. The article heading of article 133 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:

DENTISTRY [AND], DENTAL HYGIENE, AND

REGISTERED DENTAL ASSISTING

§ 2. Section 6600 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:

§ 6600. Introduction. This article applies to the professions of dentistry [and], dental hygiene, and registered dental assisting. The general provisions for all professions contained in article one hundred thirty of this title apply to this article.

§ 3. Section 6603 of the education law, as amended by chapter 393 of the laws of 1999, is amended to read as follows:

§ 6603. State board for dentistry. A state board for dentistry shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than thirteen dentists licensed in this state for at least five years, not less than three dental hygienists licensed in this state for at least five years, and not less than one [certified] registered dental assistant licensed in this state for 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

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appointed by the board of regents on recommendation of the commissioner and shall be a dentist licensed in this state.

§ 4. Section 6608 of the education law, as amended by chapter 239 of the laws of 2013, is amended to read as follows:

§ 6608. Definition of practice of [certified] registered dental assisting. The practice of [certified] registered dental assisting is defined as providing supportive services to a dentist in [his/her] 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, selecting and prefitting provisional crowns, selecting and prefitting orthodontic bands, removing orthodontic arch wires and ligature ties, placing and removing matrix bands, taking impressions for study casts or diagnostic casts, removing periodontal dressings, 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 diagnosing 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 [certified] 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 supervision 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.

§ 5. Section 6608-a of the education law, as added by chapter 494 of the laws of 1994, is amended to read as follows:

§ 6608-a. Practice of [certified] registered dental assisting and use of title "[certified] registered dental assistant". Only a person certified under section sixty-six hundred eight-b of this article or exempt pursuant to section sixty-six hundred ten of this article shall practice [certified] registered dental assisting. Only a person certified pursuant to section sixty-six hundred eight-b of this article shall use the title "[certified] registered dental assistant".

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§ 6. Section 6608-b of the education law, as added by chapter 494 of the laws of 1994, subdivision 4 as amended by chapter 300 of the laws of 2006 and subdivision 5 as amended by chapter 565 of the laws of 1995, is amended to read as follows:

§ 6608-b. Requirements for certification as a [certified] registered dental assistant. To qualify for certification as a [certified] registered dental assistant, an applicant shall fulfill the following requirements:

(1) Application: file an application with the department;

(2) Age: be at least [seventeen] eighteen years of age;

(3) Fees: pay a fee of forty-five dollars to the department for initial certification and a fee of fifty dollars for each triennial registration period;

(4) Education and experience: (A) have received a high school diploma, or its equivalent, and (B) have successfully completed, in accordance with the commissioner's regulations, (i) an approved one-year course of study in dental assisting in a degree-granting institution or a board of cooperative educational services program which includes at least two hundred hours of clinical experience, or an equivalent approved course of study in dental assisting in a non-degree granting institution which shall not be a professional association or professional organization or (ii) an alternate course of study in dental assisting acceptable to the department which shall be provided by a degree-granting institution or a board of cooperative educational services program which includes at least one thousand hours of relevant work experience; [and]

(5) Examination: pass an examination in dental assisting given by an organization which administers such examinations [for certifying dental assistants] and which is acceptable to the department[.]; and

(6) Character: be of good moral character as determined by the department.

§ 7. This act shall take effect immediately.