Bill Text: HI SB380 | 2017 | Regular Session | Introduced
Bill Title: Relating To Dental Hygienists.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2017-03-09 - Referred to HLT/IAC, CPC, referral sheet 27 [SB380 Detail]
Download: Hawaii-2017-SB380-Introduced.html
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THE SENATE |
S.B. NO. |
380 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to dental hygienists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that dental hygienists are highly-trained, important members of an oral health team who administer a range of oral health services to patients. However, under current law, licensed dental hygienists must operate under the direct supervision of a licensed dentist in most circumstances, meaning a supervising licensed dentist must examine and diagnose the condition to be treated, authorize each procedure, and remain in the office or facility while the procedure is being performed.
The legislature further finds that when a dental hygienist operates under general supervision, the supervising licensed dentist must still examine and diagnose a condition to be treated and authorize each procedure to be carried out, but the supervising licensed dentist is not required to be physically present during the delegated act or procedure. Under general supervision, the dentist must still be available for consultation even if not physically present during the delegated act or procedure and is still responsible for all delegated acts and procedures performed by licensed dental hygienists. Permitting licensed dental hygienists to operate under general supervision, rather than direct supervision, will give dentists more flexibility in their practices and enable the dentistry profession to keep pace with increased patient need, while still maintaining certain safeguards for patients.
Accordingly, the purpose of this Act is to permit licensed dental hygienists in the State to operate under general supervision of a licensed dentist.
SECTION 2. Section 447-1, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) No person shall practice dental
hygiene, either gratuitously or for pay, or shall offer or attempt so to
practice, or shall advertise or announce publicly or privately as being
prepared or qualified so to practice without having a license as provided in
this section. The original or a copy of the certificate of licensure shall be
prominently displayed at all times in the workplace where the dental hygienist
is employed or practices. A dental hygienist's pocket identification card
shall be readily available for viewing upon request to ensure the license is
current. A licensed dental hygienist shall practice only under the supervision
of a licensed dentist as provided in this chapter; provided that a licensed
dental hygienist shall administer under the [direct] general supervision
of a licensed dentist only those categories of intra-oral block anesthesia
listed in the course content submitted to the board pursuant to subsection (a)."
SECTION 3. Section 447-3, Hawaii Revised Statutes, is amended by amending subsections (b), (c), and (d) to read as follows:
"(b) Clinical dental hygiene may be practiced by a licensed dental hygienist. The practice of clinical dental hygiene is defined as the removal of hard and soft deposits and stains from the portion of the crown and root surfaces to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, the application of preventive chemical agents to the coronal surfaces of teeth, which chemical agents have been approved by the board of dental examiners, and the use of mouth washes approved by the board, but shall not include the performing of any repair work or the preparation thereof, or any other operation on the teeth or tissues of the mouth; provided that nothing in this subsection shall prohibit a dental hygienist from using or applying topically any chemical agent which has been approved in writing by the department of health for any of the purposes set forth in part V of chapter 321, and other procedures delegated by a dentist in accordance with the rules of the board of dental examiners.
In addition, a licensed dental hygienist may
administer intra-oral infiltration local anesthesia and intra-oral block
anesthesia under the [direct] general supervision of a dentist
after being certified by the board, and for those categories of intra-oral
infiltration local anesthesia and intra-oral block anesthesia for which the
licensed dental hygienist has been certified through a course of study meeting
the requirements of this chapter.
(c) A licensed dental hygienist may operate in
the office of any licensed dentist, or legally incorporated eleemosynary dental
dispensary or infirmary, private school, welfare center, hospital, nursing
home, adult day care center or assisted living facility, mental institution,
nonprofit health clinic, or in any building owned or occupied by the State or
any county, but only under the aforesaid employment and under the [direct or]
general supervision of a licensed dentist[; provided that in the private
practice of dentistry, the hygienist shall be under the direct supervision of a
licensed dentist]. No dental hygienist may establish or operate any
separate care facility which exclusively renders dental hygiene services.
(d) A licensed dental hygienist may operate
under the general [or direct] supervision of any licensed dentist
providing dental services in a public health setting. As used in this
subsection, "public health setting" includes dental services in a
legally incorporated eleemosynary dental dispensary or infirmary, private
school, welfare center, hospital, nursing home, adult day care center or
assisted living facility, mental institution, nonprofit health clinic, or the
State or any county. A licensed dental hygienist employed in a public health
setting may perform dental education, dental screenings, and fluoride
applications. Other permissible duties shall be pre-screened and authorized by
a supervising licensed dentist, subject to the dentist's determination that the
equipment and facilities are appropriate and satisfactory to carry out the
recommended treatment plan. No direct reimbursements shall be provided to
licensed dental hygienists."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Dental Hygienists; Dentists; General Supervision
Description:
Permits licensed dental hygienists in the State to operate under general, rather than direct, supervision of a licensed dentist.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
