Bill Text: HI SB3085 | 2016 | Regular Session | Introduced
Bill Title: Dental Hygienists; Dental Assistants; Licensing; Training
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2016-03-30 - The committee(s) on CPC recommend(s) that the measure be deferred. [SB3085 Detail]
Download: Hawaii-2016-SB3085-Introduced.html
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THE SENATE |
S.B. NO. |
3085 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Clarify the requirements for who may become a dental hygienist; and
(2) Ensure patient safety by prohibiting dental assistants from rendering dental services that require a degree of knowledge, skill, and training not attained by these unlicensed employees.
SECTION 2. Section 447-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person:
(1) Eighteen years of age or over;
(2) Who has a diploma or proper certificate of graduation from a dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation that requires at least a two year course and is recognized by the board of dental examiners;
(3) Who has been officially certified in the
administration of intra-oral infiltration local anesthesia [and intra-oral
block anesthesia] by an accredited dental hygiene school or by a
certification program previously approved by the board; [and]
(4) Who has been officially certified in the administration of intra-oral block anesthesia by an accredited dental hygiene school or by a certification program previously approved by the board; and
[(4)] (5) Who has passed the National
Board Dental Hygiene Examination;
upon written application made to and filed with the board may be examined for qualification as a dental hygienist.
An application shall be accompanied by the applicant's certificate of graduation from an accredited dental hygiene school, documentary proof of the applicant's certification in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia, and documentary proof of the applicant's passage of the National Board Dental Hygiene Examination. At the time of filing the application, the applicant shall pay to the board an application fee, which together with all other fees or charges in this chapter, shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o)."
SECTION 3. Section 448-3, Hawaii Revised Statutes, is amended to read as follows:
"§448-3 Practice by unlicensed employee prohibited; penalty. (a) Except as provided in section 447-3, no person who manages or conducts as manager, proprietor, conductor, or otherwise a place where dental operations are performed, shall employ any person as operator in dental surgery or as a practitioner, or cause to permit any person to so act, who is not duly licensed to practice dentistry; provided that nothing in this chapter shall prohibit any unlicensed person from performing merely mechanical work upon inert matter in a dental laboratory.
(b) A duly licensed and registered dentist may
employ auxiliary personnel, other than registered dental hygienists, to assist
the dentist in the practice of dentistry. These employees shall be known as
dental assistants and shall perform all duties assigned to them under the
supervision, direction and responsibility of the dentist. [Duties of the
dental assistant and regulatory directives shall be delineated under rules
which the board of dental examiners may from time to time adopt.]
(c) Dental assistants shall not perform any activity that is deemed to be irreversible so as to cause change in the affected hard or soft tissues and be permanent, may require reconstructive or corrective procedures, or represents the practice of dentistry and dental hygiene or requires the knowledge, skill, and training of a licensed dentist or licensed dental hygienist, including the following intra-oral functions:
(1) Administering local anesthetic, sedation, or general anesthesia;
(2) Cementing, bonding, or adjusting any part of a prosthesis or appliance worn in the mouth;
(3) Cementing or re-cementing, finishing margins, performing a try-in, adjusting the occlusion of any temporary or permanent fixed prosthetic restoration, or placing cement bases;
(4) Cementing bands and brackets or activating any orthodontic appliance;
(5) Establishing occlusal vertical dimension, making bite registrations, or making face-bow transfers;
(6) Examining, diagnosing, or prescribing a treatment plan;
(7) Making final impressions, which would lead to the fabrication of any appliance or prosthesis that, when worn by the patient, would come in direct contact with hard or soft tissues; provided that this paragraph shall not apply to the making of impressions for study casts, opposing models, occlusal appliances, mouth guards, orthodontic retainers, or medicament trays;
(8) Performing any endodontic procedure to ream, file, irrigate, medicate, dry, try-in cores, or fill root canals, or to establish the length of the tooth;
(9) Performing any surgical or cutting procedures on hard or soft tissues, extracting teeth, or suturing;
(10) Placing, condensing, carving, finishing, or adjusting the occlusion of final restorations; or placing cavity liners, medicaments, or pulp cap materials;
(11) Placing subgingivally materials such as prescriptive medicaments, retraction cords, and other devices that are used for tissue displacement;
(12) Prescribing medications or authorizing the fabrication of any restorative, prosthodontic, or orthodontic appliances;
(13) Testing pulp variety;
(14) Using ultrasonic instruments and polishing natural or restored surfaces;
(15) Removing hard and soft deposits and stains from the portion of the crown and root surfaces to the depth of the gingival sulcus;
(16) Polishing natural and restored surfaces of teeth; and
(17) Applying preventive chemical agents to the coronal surfaces of teeth.
[(c)] (d) Any person violating
this section shall be fined not less than $100 nor more than $1,000 for the
first violation. Any person violating this section a second time shall be
fined not less than $500 nor more than $2,000 and, in addition to the fine, the
person's license shall be revoked."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Dental Hygienists; Dental Assistants; Licensing
Description:
Clarifies requirements for licensure as a dental hygienist. Prohibits dental assistants from performing certain intra-oral functions and related activities.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
