Bill Text: NY S06399 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that a dental hygienist shall not administer local block anesthesia without a certificate and except under the personal supervision of a dentist and in conjunction with the performance of dental hygiene procedures authorized by law and in accordance with regulations promulgated by the commissioner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-05-23 - referred to higher education [S06399 Detail]
Download: New_York-2021-S06399-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6399 2021-2022 Regular Sessions IN SENATE April 27, 2021 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to local block anesthesia The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6605-b of the education law, as added by chapter 2 437 of the laws of 2001, is amended to read as follows: 3 § 6605-b. Dental hygiene restricted local infiltration and block 4 anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist 5 shall not administer or monitor nitrous oxide analgesia or local infil- 6 tration or block anesthesia in the practice of dental hygiene without a 7 dental hygiene restricted local infiltration and block 8 anesthesia/nitrous oxide analgesia certificate and except under the 9 personal supervision of a dentist and in conjunction with the perform- 10 ance of dental hygiene procedures authorized by law and in accordance 11 with regulations promulgated by the commissioner. Personal supervision, 12 for purposes of this section, means that the supervising dentist remains 13 in the dental office where the local infiltration or block anesthesia or 14 nitrous oxide analgesia services are being performed, personally author- 15 izes and prescribes the use of local infiltration or block anesthesia or 16 nitrous oxide analgesia for the patient and, before dismissal of the 17 patient, personally examines the condition of the patient after the use 18 of local infiltration or block anesthesia or nitrous oxide analgesia is 19 completed. It is professional misconduct for a dentist to fail to 20 provide the supervision required by this section, and any dentist found 21 guilty of such misconduct under the procedures prescribed in section 22 sixty-five hundred ten of this [title] article shall be subject to the 23 penalties prescribed in section sixty-five hundred eleven of this 24 [title] article. 25 2. The commissioner shall promulgate regulations establishing stand- 26 ards and procedures for the issuance of such certificate. Such standards EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02028-01-1S. 6399 2 1 shall require completion of an educational program and/or course of 2 training or experience sufficient to ensure that a dental hygienist is 3 specifically trained in the administration and monitoring of nitrous 4 oxide analgesia and local infiltration or block anesthesia, the possible 5 effects of such use, and in the recognition of and response to possible 6 emergency situations. 7 3. The fee for a dental hygiene restricted local infiltration and 8 block anesthesia/nitrous oxide analgesia certificate shall be twenty- 9 five dollars and shall be paid on a triennial basis upon renewal of such 10 certificate. A certificate may be suspended or revoked in the same 11 manner as a license to practice dental hygiene. 12 § 2. Subdivision 1 of section 6606 of the education law, as amended by 13 chapter 239 of the laws of 2013, is amended to read as follows: 14 1. The practice of the profession of dental hygiene is defined as the 15 performance of dental services which shall include removing calcareous 16 deposits, accretions and stains from the exposed surfaces of the teeth 17 which begin at the epithelial attachment and applying topical agents 18 indicated for a complete dental prophylaxis, removing cement, placing or 19 removing rubber dam, removing sutures, placing matrix band, providing 20 patient education, applying topical medication, placing and exposing 21 diagnostic dental X-ray films, performing topical fluoride applications 22 and topical anesthetic applications, polishing teeth, taking medical 23 history, charting caries, taking impressions for study casts, placing 24 and removing temporary restorations, administering and monitoring 25 nitrous oxide analgesia and administering and monitoring local infil- 26 tration and block anesthesia, subject to certification in accordance 27 with section sixty-six hundred five-b of this article, and any other 28 function in the definition of the practice of dentistry as may be deleg- 29 ated by a licensed dentist in accordance with regulations promulgated by 30 the commissioner. The practice of dental hygiene may be conducted in the 31 office of any licensed dentist or in any appropriately equipped school 32 or public institution but must be done either under the supervision of a 33 licensed dentist or, in the case of a registered dental hygienist work- 34 ing for a hospital as defined in article twenty-eight of the public 35 health law, pursuant to a collaborative arrangement with a licensed and 36 registered dentist who has a formal relationship with the same hospital 37 in accordance with regulations promulgated by the department in consul- 38 tation with the department of health. Such collaborative arrangement 39 shall not obviate or supersede any law or regulation which requires 40 identified services to be performed under the personal supervision of a 41 dentist. When dental hygiene services are provided pursuant to a colla- 42 borative agreement, such dental hygienist shall instruct individuals to 43 visit a licensed dentist for comprehensive examination or treatment. 44 § 3. This act shall take effect immediately.
