Bill Text: NY S06752 | 2023-2024 | General Assembly | Amended
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 3-0)
Status: (Engrossed) 2024-06-07 - COMMITTED TO RULES [S06752 Detail]
Download: New_York-2023-S06752-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6752--B Cal. No. 657 2023-2024 Regular Sessions IN SENATE May 9, 2023 ___________ Introduced by Sens. HARCKHAM, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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 and subdivision 1 as amended by chapter 198 of 3 the laws of 2022, is amended to read as follows: 4 § 6605-b. Dental hygiene restricted local infiltration 5 anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist 6 shall not administer or monitor nitrous oxide analgesia or local infil- 7 tration anesthesia in the practice of dental hygiene without a dental 8 hygiene restricted local infiltration anesthesia/nitrous oxide analgesia 9 certificate and except under the personal supervision of a dentist and 10 in accordance with regulations promulgated by the commissioner. Personal 11 supervision, for purposes of this section, means that the supervising 12 dentist remains in the dental office where the local infiltration anes- 13 thesia or nitrous oxide analgesia services are being performed, 14 personally authorizes and prescribes the use of local infiltration anes- 15 thesia or nitrous oxide analgesia for the patient and, before dismissal 16 of the patient, personally examines the condition of the patient after 17 the use of local infiltration anesthesia or nitrous oxide analgesia is 18 completed. It is professional misconduct for a dentist to fail to 19 provide the supervision required by this section, and any dentist found 20 guilty of such misconduct under the procedures prescribed in section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02127-05-4S. 6752--B 2 1 sixty-five hundred ten of this title shall be subject to the penalties 2 prescribed in section sixty-five hundred eleven of this title. 3 2. Dental hygiene block anesthesia certificate. A dental hygienist 4 shall not administer or monitor block anesthesia in the practice of 5 dental hygiene without a dental hygiene restricted local infiltration 6 anesthesia/nitrous oxide analgesia certificate and a dental hygiene 7 block anesthesia certificate and except under the personal supervision 8 of a dentist authorized by law and in accordance with regulations 9 promulgated by the commissioner. Personal supervision, for purposes of 10 this section, means that the supervising dentist remains in the dental 11 office where the block anesthesia services are being performed, 12 personally authorizes and prescribes the use of block anesthesia for the 13 patient and, before dismissal of the patient, personally examines the 14 condition of the patient after the use of block anesthesia is completed. 15 It is professional misconduct for a dentist to fail to provide the 16 supervision required by this section, and any dentist found guilty of 17 such misconduct under the procedures prescribed in section sixty-five 18 hundred ten of this title shall be subject to the penalties prescribed 19 in section sixty-five hundred eleven of this title. 20 3. The commissioner shall promulgate regulations establishing stand- 21 ards and procedures for the issuance of such [certificate] certificates. 22 Such standards shall require completion of an educational program and/or 23 course of training or experience appropriate to each certificate and 24 sufficient to ensure that a dental hygienist is specifically trained in 25 the administration and monitoring of nitrous oxide analgesia and local 26 infiltration anesthesia or is specifically trained in the administration 27 and monitoring of block anesthesia, the possible effects of such use, 28 and in the recognition of and response to possible emergency situations. 29 [3.] 4. The fee for a dental hygiene restricted local infiltration 30 anesthesia/nitrous oxide analgesia certificate shall be twenty-five 31 dollars and the fee for a dental hygiene block anesthesia certificate 32 shall be twenty-five dollars and shall be paid on a triennial basis upon 33 renewal of such certificate. A certificate may be suspended or revoked 34 in the same manner as a license to practice dental hygiene. 35 § 2. Subdivision 1 of section 6606 of the education law, as amended by 36 chapter 239 of the laws of 2013, is amended to read as follows: 37 1. The practice of the profession of dental hygiene is defined as the 38 performance of dental services which shall include removing calcareous 39 deposits, accretions and stains from the exposed surfaces of the teeth 40 which begin at the epithelial attachment and applying topical agents 41 indicated for a complete dental prophylaxis, removing cement, placing or 42 removing rubber dam, removing sutures, placing matrix band, providing 43 patient education, applying topical medication, placing and exposing 44 diagnostic dental X-ray films, performing topical fluoride applications 45 and topical anesthetic applications, polishing teeth, taking medical 46 history, charting caries, taking impressions for study casts, placing 47 and removing temporary restorations, administering and monitoring 48 nitrous oxide analgesia and administering and monitoring local infil- 49 tration and administering and monitoring block anesthesia, subject to 50 certification in accordance with section sixty-six hundred five-b of 51 this article, and any other function in the definition of the practice 52 of dentistry as may be delegated by a licensed dentist in accordance 53 with regulations promulgated by the commissioner. The practice of dental 54 hygiene may be conducted in the office of any licensed dentist or in any 55 appropriately equipped school or public institution but must be done 56 either under the supervision of a licensed dentist or, in the case of aS. 6752--B 3 1 registered dental hygienist working for a hospital as defined in article 2 twenty-eight of the public health law, pursuant to a collaborative 3 arrangement with a licensed and registered dentist who has a formal 4 relationship with the same hospital in accordance with regulations 5 promulgated by the department in consultation with the department of 6 health. Such collaborative arrangement shall not obviate or supersede 7 any law or regulation which requires identified services to be performed 8 under the personal supervision of a dentist. When dental hygiene 9 services are provided pursuant to a collaborative agreement, such dental 10 hygienist shall instruct individuals to visit a licensed dentist for 11 comprehensive examination or treatment. 12 § 3. This act shall take effect one year after it shall have become a 13 law.
