Bill Text: NY S09308 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Permits dental assistants and licensed practical nurses to perform the application of topical fluoride varnish.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-06-05 - SUBSTITUTED BY A7402B [S09308 Detail]

Download: New_York-2023-S09308-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9308

                    IN SENATE

                                      May 10, 2024
                                       ___________

        Introduced by Sen. FERNANDEZ -- 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 permitting certain
          persons 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 performance of dental services
     6  authorized under this article.  Such  support  shall  include  providing
     7  patient  education, taking preliminary medical histories and vital signs
     8  to be reviewed by the dentist, placing and removing rubber dams, select-
     9  ing and prefitting provisional crowns, selecting and  prefitting  ortho-
    10  dontic bands, removing orthodontic arch wires and ligature ties, placing
    11  and  removing  matrix bands, taking impressions for study casts or diag-
    12  nostic casts,  removing  periodontal  dressings,  placing  and  removing
    13  temporary  restorations,  application  of  topical fluoride varnish, and
    14  such other dental supportive services authorized by the dentist consist-
    15  ent with regulations promulgated by the commissioner, provided that such
    16  functions are performed under  the  direct  personal  supervision  of  a
    17  licensed  dentist  in  the course of the performance of dental services.
    18  Such services shall not include diagnosing  and/or  performing  surgical
    19  procedures,  irreversible  procedures or procedures that would alter the
    20  hard or soft tissue of the oral and  maxillofacial  area  or  any  other
    21  procedures  determined  by  the  department.  The practice of registered
    22  dental assisting may be conducted in the office of any licensed  dentist
    23  or  in  any appropriately equipped school or public institution but must
    24  be done under the direct personal supervision  of  a  licensed  dentist.
    25  Direct  personal supervision, for purposes of this section, means super-
    26  vision of dental procedures based on instructions given  by  a  licensed
    27  dentist  in  the  course of a procedure who remains in the dental office
    28  where the supportive services are being performed, personally  diagnoses

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11382-05-4
        S. 9308                             2

     1  the  condition  to be treated, personally authorizes the procedures, and
     2  before dismissal of the patient, who remains the responsibility  of  the
     3  licensed  dentist,  evaluates  the  services performed by the registered
     4  dental  assistant. Nothing herein authorizes a registered dental assist-
     5  ant to perform any of the services or functions defined as part  of  the
     6  practice of dental hygiene in accordance with the provisions of subdivi-
     7  sion  one of section sixty-six hundred six of this article, except those
     8  functions authorized pursuant to this  section.  All  dental  supportive
     9  services  provided  in this section may be performed by currently regis-
    10  tered dental hygienists either under a dentist's supervision, as defined
    11  in regulations of the commissioner, or, in  the  case  of  a  registered
    12  dental  hygienist  working  for a hospital as defined in article twenty-
    13  eight of the public health law, pursuant to a collaborative  arrangement
    14  with  a  licensed  dentist in accordance with subdivision one of section
    15  sixty-six hundred six of this article.  Such  collaborative  arrangement
    16  shall  not  obviate  or  supersede  any law or regulation which requires
    17  identified services to be performed under the personal supervision of  a
    18  dentist.
    19    § 2. Subdivision 2 of section 6902 of the education law, as amended by
    20  chapter 781 of the laws of 1990, is amended to read as follows:
    21    2. The practice of nursing as a licensed practical nurse is defined as
    22  performing  tasks and responsibilities within the framework of casefind-
    23  ing, health teaching, health  counseling,  the  application  of  topical
    24  fluoride varnish, and provision of supportive and restorative care under
    25  the  direction of a registered professional nurse or licensed physician,
    26  dentist or other licensed health care provider legally authorized  under
    27  this title and in accordance with the commissioner's regulations.
    28    §  3.  Section  6610  of  the education law is amended by adding a new
    29  subdivision 9 to read as follows:
    30    9. The application of topical fluoride varnish to a child's  teeth  by
    31  such child's parent or legal guardian, provided that such application is
    32  done  under  the  direction  and  supervision of a licensed practitioner
    33  authorized to apply topical fluoride varnish.  A  licensed  practitioner
    34  acting  within  their  scope  of practice may prescribe topical fluoride
    35  varnish for the purposes of this subdivision provided that such  practi-
    36  tioner  dispenses  written  safety  instructions  to the parent or legal
    37  guardian.
    38    § 4. This act shall take effect immediately;  provided,  however  that
    39  section  three  of  this  act shall take effect eighteen months after it
    40  shall have become a law. Effective immediately, the addition,  amendment
    41  and/or repeal of any rule or regulation necessary for the implementation
    42  of  this  act  on  its  effective  date  are  authorized  to be made and
    43  completed on or before such date.