Bill Text: NY A01959 | 2015-2016 | General Assembly | Introduced

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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 4-0)

Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A01959 Detail]

Download: New_York-2015-A01959-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1959
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by M. of A. PAULIN, CAHILL -- Multi-Sponsored by -- M. of A.
         ORTIZ, TITONE -- 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:
    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.
   20    (B) THE COLLABORATIVE AGREEMENT SHALL BE:
   21    (I)  SIGNED  AND  MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST, AND
   22  THE FACILITY, PROGRAM, OR ORGANIZATION;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04862-01-5
       A. 1959                             2
    1    (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
    2  IST; AND
    3    (III)  MADE  AVAILABLE  TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
    4  UPON REQUEST.
    5    (C) ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND  REGISTERED
    6  DENTAL  HYGIENIST,  COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE AT A
    7  TIME.
    8    3. BEFORE PERFORMING ANY SERVICES AUTHORIZED  UNDER  THIS  SECTION,  A
    9  DENTAL  HYGIENIST  MUST  PROVIDE  THE  PATIENT  WITH A WRITTEN STATEMENT
   10  ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A
   11  SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL
   12  HYGIENIST MAKES ANY REFERRALS TO THE PATIENT FOR FURTHER  DENTAL  PROCE-
   13  DURES,  THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE A
   14  COPY OF THE FORM TO THE COLLABORATING DENTIST.
   15    4. THE COLLABORATIVE  PRACTICE  DENTAL  HYGIENIST  MAY  ENTER  INTO  A
   16  CONTRACTUAL  ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND REGISTERED
   17  DENTIST, HEALTH CARE FACILITY, PROGRAM, AND/OR  NON-PROFIT  ORGANIZATION
   18  TO  PERFORM  DENTAL  HYGIENE  SERVICES IN THE FOLLOWING SETTINGS: DENTAL
   19  OFFICES; LONGTERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC  OR
   20  PRIVATE  SCHOOLS;  PUBLIC  HEALTH  AGENCIES/FEDERALLY  QUALIFIED  HEALTH
   21  CENTERS;  CORRECTIONAL  FACILITIES;  PUBLIC  INSTITUTIONS/MENTAL  HEALTH
   22  FACILITIES; AND PRIVATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE
   23  TO BE RELOCATED FOR NECESSARY TREATMENT.
   24    5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO
   25  MORE  THAN  SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS. THE DEPARTMENT
   26  MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS  ON
   27  A CASE-BY-CASE BASIS.
   28    6.  A  DENTAL  HYGIENIST  MUST  MAKE APPLICATION TO THE NEW YORK STATE
   29  EDUCATION DEPARTMENT TO  PRACTICE  AS  A  REGISTERED  DENTAL  HYGIENIST,
   30  COLLABORATIVE  PRACTICE (RDH-CP) AND PAY A FEE SET BY THE DEPARTMENT. AS
   31  A CONDITION OF COLLABORATIVE PRACTICE, THE DENTAL  HYGIENIST  MUST  HAVE
   32  BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND
   33  FIVE  HUNDRED  PRACTICE HOURS AND MUST COMPLETE AN EIGHT HOUR CONTINUING
   34  EDUCATION PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY  PROCE-
   35  DURES,  RISK  MANAGEMENT,  DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL
   36  ETHICS.
   37    S 2. This act shall take effect immediately.