Bill Text: NY A00111 | 2011-2012 | General Assembly | Amended

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Bill Title: Authorizes dental hygienists to provide such services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-05-08 - print number 111a [A00111 Detail]

Download: New_York-2011-A00111-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        111--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. PAULIN, CAHILL -- Multi-Sponsored by -- M. of A.
         GABRYSZAK, ORTIZ, REILLY, TITONE -- read  once  and  referred  to  the
         Committee on Higher Education -- recommitted to the Committee on High-
         er  Education  in accordance with Assembly Rule 3, sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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:
    1    Section 1. The education law is amended by adding a new section 6607-a
    2  to read as follows:
    3    S 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF
    4  TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1.
    5  THE  PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS
    6  ARTICLE, MAY BE PERFORMED  IN  COLLABORATION  WITH  A  LICENSED  DENTIST
    7  PROVIDED  SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC-
    8  TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A  COLLABO-
    9  RATIVE  PRACTICE  AGREEMENT.  UNDER  A COLLABORATIVE PRACTICE AGREEMENT,
   10  DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU-
   11  LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND
   12  MAY  BE  PERFORMED  WITHOUT  SUPERVISION  IN  A  COLLABORATIVE  PRACTICE
   13  SETTING.
   14    2.  (A)  THE  COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER-
   15  ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC  MEDICAL  CONDITIONS,
   16  AND  AGE-  AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT
   17  LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF  DENTAL  HYGIENE
   18  SERVICES  AND  A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD
   19  OCCUR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00919-02-2
       A. 111--A                           2
    1    (B) THE COLLABORATIVE AGREEMENT SHALL BE:
    2    (I)  SIGNED  AND  MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST, AND
    3  THE FACILITY, PROGRAM, OR ORGANIZATION;
    4    (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
    5  IST; AND
    6    (III) MADE AVAILABLE TO THE DEPARTMENT AND  OTHER  INTERESTED  PARTIES
    7  UPON REQUEST.
    8    (C)  ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND REGISTERED
    9  DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE  AT  A
   10  TIME.
   11    3.  BEFORE  PERFORMING  ANY  SERVICES AUTHORIZED UNDER THIS SECTION, A
   12  DENTAL HYGIENIST MUST PROVIDE  THE  PATIENT  WITH  A  WRITTEN  STATEMENT
   13  ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A
   14  SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL
   15  HYGIENIST  MAKES  ANY REFERRALS TO THE PATIENT FOR FURTHER DENTAL PROCE-
   16  DURES, THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE  A
   17  COPY OF THE FORM TO THE COLLABORATING DENTIST.
   18    4.  THE  COLLABORATIVE  PRACTICE  DENTAL  HYGIENIST  MAY  ENTER INTO A
   19  CONTRACTUAL ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND  REGISTERED
   20  DENTIST,  HEALTH  CARE FACILITY, PROGRAM, AND/OR NON-PROFIT ORGANIZATION
   21  TO PERFORM DENTAL HYGIENE SERVICES IN  THE  FOLLOWING  SETTINGS:  DENTAL
   22  OFFICES;  LONGTERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC OR
   23  PRIVATE  SCHOOLS;  PUBLIC  HEALTH  AGENCIES/FEDERALLY  QUALIFIED  HEALTH
   24  CENTERS;  CORRECTIONAL  FACILITIES;  PUBLIC  INSTITUTIONS/MENTAL  HEALTH
   25  FACILITIES; AND PRIVATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE
   26  TO BE RELOCATED FOR NECESSARY TREATMENT.
   27    5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO
   28  MORE THAN SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS.  THE  DEPARTMENT
   29  MAY  GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON
   30  A CASE-BY-CASE BASIS.
   31    6. A DENTAL HYGIENIST MUST MAKE APPLICATION  TO  THE  NEW  YORK  STATE
   32  EDUCATION  DEPARTMENT  TO  PRACTICE  AS  A  REGISTERED DENTAL HYGIENIST,
   33  COLLABORATIVE PRACTICE (RDH-CP) AND PAY A FEE SET BY THE DEPARTMENT.  AS
   34  A  CONDITION  OF  COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST MUST HAVE
   35  BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND
   36  FIVE HUNDRED PRACTICE HOURS AND MUST COMPLETE AN EIGHT  HOUR  CONTINUING
   37  EDUCATION  PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCE-
   38  DURES, RISK MANAGEMENT, DENTAL HYGIENE  JURISPRUDENCE  AND  PROFESSIONAL
   39  ETHICS.
   40    S 2. This act shall take effect immediately.