Bill Text: NY A07402 | 2023-2024 | General Assembly | Amended
Bill Title: Permits dental assistants and licensed practical nurses to perform the application of topical fluoride varnish.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A07402 Detail]
Download: New_York-2023-A07402-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7402--B 2023-2024 Regular Sessions IN ASSEMBLY May 19, 2023 ___________ Introduced by M. of A. PEOPLES-STOKES, FAHY -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to permitting dental assistants and licensed practical nurses to perform the application of topical fluoride varnish The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6608 of the education law, as amended by chapter 2 512 of the laws of 2022, is amended to read as follows: 3 § 6608. Definition of practice of registered dental assisting. The 4 practice of registered dental assisting is defined as providing support- 5 ive services to a dentist in [his or her] such dentist's performance of 6 dental services authorized under this article. Such support shall 7 include providing patient education, taking preliminary medical histo- 8 ries and vital signs to be reviewed by the dentist, placing and removing 9 rubber dams, selecting and prefitting provisional crowns, selecting and 10 prefitting orthodontic bands, removing orthodontic arch wires and liga- 11 ture ties, placing and removing matrix bands, taking impressions for 12 study casts or diagnostic casts, removing periodontal dressings, placing 13 and removing temporary restorations, application of topical fluoride 14 varnish, and such other dental supportive services authorized by the 15 dentist consistent with regulations promulgated by the commissioner, 16 provided that such functions are performed under the direct personal 17 supervision of a licensed dentist in the course of the performance of 18 dental services. Such services shall not include diagnosing and/or 19 performing surgical procedures, irreversible procedures or procedures EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11382-06-4A. 7402--B 2 1 that would alter the hard or soft tissue of the oral and maxillofacial 2 area or any other procedures determined by the department. The practice 3 of registered dental assisting may be conducted in the office of any 4 licensed dentist or in any appropriately equipped school or public 5 institution but must be done under the direct personal supervision of a 6 licensed dentist. Direct personal supervision, for purposes of this 7 section, means supervision of dental procedures based on instructions 8 given by a licensed dentist in the course of a procedure who remains in 9 the dental office where the supportive services are being performed, 10 personally diagnoses the condition to be treated, personally authorizes 11 the procedures, and before dismissal of the patient, who remains the 12 responsibility of the licensed dentist, evaluates the services performed 13 by the registered dental assistant. Nothing herein authorizes a regis- 14 tered dental assistant to perform any of the services or functions 15 defined as part of the practice of dental hygiene in accordance with the 16 provisions of subdivision one of section sixty-six hundred six of this 17 article, except those functions authorized pursuant to this section. All 18 dental supportive services provided in this section may be performed by 19 currently registered dental hygienists either under a dentist's super- 20 vision, as defined in regulations of the commissioner, or, in the case 21 of a registered dental hygienist working for a hospital as defined in 22 article twenty-eight of the public health law, pursuant to a collabora- 23 tive arrangement with a licensed dentist in accordance with subdivision 24 one of section sixty-six hundred six of this article. Such collaborative 25 arrangement shall not obviate or supersede any law or regulation which 26 requires identified services to be performed under the personal super- 27 vision of a dentist. 28 § 2. Subdivision 2 of section 6902 of the education law, as amended by 29 chapter 781 of the laws of 1990, is amended to read as follows: 30 2. The practice of nursing as a licensed practical nurse is defined as 31 performing tasks and responsibilities within the framework of casefind- 32 ing, health teaching, health counseling, the application of topical 33 fluoride varnish, and provision of supportive and restorative care under 34 the direction of a registered professional nurse or licensed physician, 35 dentist or other licensed health care provider legally authorized under 36 this title and in accordance with the commissioner's regulations. 37 § 3. This act shall take effect immediately.