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Authorizes dental hygienists to provide such services in collaboration with a licensed dentist
Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
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Jan 05, 2022 | referred to higher education |
Jan 29, 2021 | referred to higher education |
Current Committee: Assembly Higher Education Law Section: Education Law Laws Affected: Add §6607-a, Ed L Versions Introduced in Other Legislative Sessions: 2011-2012: A111
2013-2014: A5096
2015-2016: A1959
2017-2018: A2553
2019-2020: A335
2023-2024: A488
Authorizes dental hygienists to provide such services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.
S T A T E O F N E W Y O R K ________________________________________________________________________ 3934 2021-2022 Regular Sessions I N A S S E M B L Y January 29, 2021 ___________ Introduced by M. of A. PAULIN, CAHILL -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to registered dental hygienists working without supervision but within a collaborative practice agreement with a licensed dentist THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 6607-a to read as follows: § 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1. THE PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS ARTICLE, MAY BE PERFORMED IN COLLABORATION WITH A LICENSED DENTIST PROVIDED SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC- TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A COLLABO- RATIVE PRACTICE AGREEMENT. UNDER A COLLABORATIVE PRACTICE AGREEMENT, DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU- LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND MAY BE PERFORMED WITHOUT SUPERVISION IN A COLLABORATIVE PRACTICE SETTING. 2. (A) THE COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER- ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC MEDICAL CONDITIONS, AND AGE- AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF DENTAL HYGIENE SERVICES AND A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD OCCUR. (B) THE COLLABORATIVE AGREEMENT SHALL BE: (I) SIGNED AND MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST, AND THE FACILITY, PROGRAM, OR ORGANIZATION; (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN- IST; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD01897-01-1 A. 3934 2 (III) MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES UPON REQUEST. (C) ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE AT A TIME. 3. BEFORE PERFORMING ANY SERVICES AUTHORIZED UNDER THIS SECTION, A DENTAL HYGIENIST MUST PROVIDE THE PATIENT WITH A WRITTEN STATEMENT ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL HYGIENIST MAKES ANY REFERRALS TO THE PATIENT FOR FURTHER DENTAL PROCE- DURES, THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE A COPY OF THE FORM TO THE COLLABORATING DENTIST. 4. THE COLLABORATIVE PRACTICE DENTAL HYGIENIST MAY ENTER INTO A CONTRACTUAL ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND REGISTERED DENTIST, HEALTH CARE FACILITY, PROGRAM, AND/OR NON-PROFIT ORGANIZATION TO PERFORM DENTAL HYGIENE SERVICES IN THE FOLLOWING SETTINGS: DENTAL OFFICES; LONGTERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC OR PRIVATE SCHOOLS; PUBLIC HEALTH AGENCIES/FEDERALLY QUALIFIED HEALTH CENTERS; CORRECTIONAL FACILITIES; PUBLIC INSTITUTIONS/MENTAL HEALTH FACILITIES; AND PRIVATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE TO BE RELOCATED FOR NECESSARY TREATMENT. 5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO MORE THAN SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS. THE DEPARTMENT MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON A CASE-BY-CASE BASIS. 6. A DENTAL HYGIENIST MUST MAKE APPLICATION TO THE NEW YORK STATE EDUCATION DEPARTMENT TO PRACTICE AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) AND PAY A FEE SET BY THE DEPARTMENT. AS A CONDITION OF COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST MUST HAVE BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND FIVE HUNDRED PRACTICE HOURS AND MUST COMPLETE AN EIGHT HOUR CONTINUING EDUCATION PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCE- DURES, RISK MANAGEMENT, DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL ETHICS. § 2. This act shall take effect immediately.
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