Bill Text: IA SSB1235 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the practice of dentistry, including the practice of dental hygiene and the services of dental assistants, and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-05 - Subcommittee Meeting: 03/05/2019 2:00PM G17. [SSB1235 Detail]
Download: Iowa-2019-SSB1235-Introduced.html
Senate
Study
Bill
1235
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MILLER-MEEKS)
A
BILL
FOR
An
Act
relating
to
the
practice
of
dentistry,
including
the
1
practice
of
dental
hygiene
and
the
services
of
dental
2
assistants,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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1194XC
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S.F.
_____
Section
1.
Section
153.15,
Code
2019,
is
amended
to
read
as
1
follows:
2
153.15
Dental
hygienists
——
scope
of
term.
3
A
licensed
dental
hygienist
may
perform
those
services
4
which
are
educational,
therapeutic,
and
preventive
in
nature
5
which
attain
or
maintain
optimal
oral
health
as
determined
by
6
the
board
and
may
include
but
are
not
necessarily
limited
to
7
complete
oral
prophylaxis,
application
of
preventive
agents
8
to
oral
structures,
exposure
and
processing
of
radiographs,
9
administration
of
medicaments
prescribed
by
a
licensed
10
dentist,
obtaining
and
preparing
nonsurgical,
clinical
and
11
oral
diagnostic
tests
for
interpretation
by
the
dentist,
and
12
preparation
of
preliminary
written
records
of
oral
conditions
13
for
interpretation
by
the
dentist.
Such
services,
except
14
educational
services,
shall
be
performed
under
supervision
of
a
15
licensed
dentist
and
in
a
dental
office,
a
public
or
private
16
school,
public
health
agencies,
hospitals,
and
the
armed
17
forces
,
but
nothing
herein
shall
be
construed
to
authorize
18
a
dental
hygienist
to
practice
dentistry.
Educational
19
services
shall
be
limited
to
assessing
the
need
for,
planning,
20
implementing,
and
evaluating
oral
health
education
programs
21
for
individual
patients
and
community
groups;
and
conducting
22
workshops
and
in-service
training
sessions
on
dental
health
23
for
nurses,
school
personnel,
institutional
staff,
community
24
groups,
and
other
agencies
providing
consultation
and
technical
25
assistance
for
promotional,
preventive,
and
educational
26
services.
27
Sec.
2.
Section
153.33,
subsection
1,
Code
2019,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
f.
(1)
To
impose
a
monetary
penalty
of
up
30
to
$500
upon
any
licensee,
registrant,
or
trainee,
by
rule,
who
31
does
any
of
the
following:
32
(a)
Works
without
a
current
license,
registration,
permit,
33
or
qualification.
34
(b)
Employs
an
individual
without
a
current
license,
35
-1-
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1194XC
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1/
4
S.F.
_____
registration,
permit,
or
qualification.
1
(c)
Fails
to
complete
the
continuing
education
required
for
2
renewal
of
a
license
or
registration.
3
(2)
Notwithstanding
section
153.34,
the
assessment
and
4
payment
of
any
monetary
penalty
under
this
paragraph
shall
not
5
be
considered
a
disciplinary
action
or
reported
as
discipline
6
and
shall
be
confidential.
A
licensee,
registrant,
or
trainee
7
shall
be
provided
the
opportunity
to
appeal
the
assessment,
8
which
shall
initiate
a
contested
case
proceeding
under
chapter
9
17A.
Nothing
in
this
paragraph
shall
prohibit
the
board
from
10
imposing
discipline
upon
a
licensee,
registrant,
or
trainee
11
for
willful
or
repeated
violations.
Any
monetary
penalties
12
collected
pursuant
to
this
paragraph
shall
be
deposited
into
13
a
fund,
established
by
the
board,
designed
to
create
training
14
opportunities
for
licensees
and
registrants
of
the
board.
15
Sec.
3.
Section
153.38,
Code
2019,
is
amended
by
striking
16
the
section
and
inserting
in
lieu
thereof
the
following:
17
153.38
Dental
assistants
——
scope
of
practice.
18
1.
A
registered
dental
assistant
may
perform
those
services
19
of
assistance
to
a
licensed
dentist
as
determined
by
the
board
20
by
rule.
Such
services
shall
be
performed
under
supervision
of
21
a
licensed
dentist.
Every
licensed
dentist
who
utilizes
the
22
services
of
a
registered
dental
assistant
for
the
purpose
of
23
assistance
in
the
practice
of
dentistry
shall
be
responsible
24
for
acts
delegated
to
the
registered
dental
assistant.
A
25
dentist
shall
delegate
to
a
registered
dental
assistant
only
26
those
acts
which
are
authorized
to
be
delegated
to
registered
27
dental
assistants
by
the
board.
28
2.
A
registered
dental
assistant
with
additional
education
29
and
training,
as
established
by
the
board
by
rule,
may
become
30
certified
to
perform
expanded
functions
or
become
qualified
31
to
participate
in
dental
radiography.
Only
dental
assistants
32
who
have
successfully
completed
expanded
function
training
33
through
the
university
of
Iowa
or
a
program
accredited
by
the
34
commission
on
dental
accreditation
may
be
permitted
to
place
35
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4
S.F.
_____
sealants.
1
3.
Nothing
herein
shall
be
construed
to
authorize
a
dental
2
assistant
to
practice
dentistry
or
dental
hygiene.
The
3
dental
board
shall
not
adopt
rules
that
would
allow
a
dental
4
assistant
to
administer
local
anesthesia,
or
remove,
except
by
5
toothbrush,
floss,
or
rubber
cap
coronal
polish,
any
plaque,
6
stain,
calculus,
or
hard
natural
material.
7
Sec.
4.
REPEAL.
2000
Iowa
Acts,
chapter
1002,
section
7,
8
is
repealed.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
practice
of
dentistry
in
Iowa.
The
13
bill
removes
the
requirement
that
dental
hygiene
services
only
14
be
performed
in
a
dental
office,
public
or
private
school,
15
public
health
agency,
hospital,
or
the
armed
forces.
16
The
bill
allows
the
dental
board
to
issue
a
monetary
penalty
17
of
up
to
$500
to
any
licensee,
registrant,
or
trainee
who
18
works
without
a
current
license,
registration,
permit
or
19
qualification,
employs
such
a
person,
or
fails
to
complete
20
continuing
education
requirements.
Such
a
penalty
shall
not
be
21
considered
a
disciplinary
action
or
reported
as
discipline
and
22
shall
remain
confidential.
The
bill
allows
a
person
assessed
23
such
a
penalty
to
appeal
the
penalty.
The
bill
directs
such
24
penalties
to
be
deposited
in
a
fund
designed
to
create
training
25
opportunities
for
licensees
and
registrants
of
the
board.
26
The
bill
allows
registered
dental
assistants
with
additional
27
education
and
training
to
perform
expanded
functions
according
28
to
rules
adopted
by
the
board.
The
bill
prohibits
the
board
29
from
adopting
rules
that
would
allow
a
dental
assistant
to
30
administer
local
anesthesia
or
remove
calculus
or
hard
natural
31
materials.
32
The
bill
repeals
2000
Iowa
Acts,
chapter
1002,
section
33
7,
prohibiting
the
dental
board
from
adopting
rules
allowing
34
dental
hygienists
to
perform
administration
of
local
35
-3-
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4