NY State Senate Bill 2009-S4086

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
May 28, 2009	print number 4086a
May 28, 2009	amend (t) and recommit to higher education
Apr 09, 2009	referred to higher education

Bill Amendments

Original

A (Active)

2009-S4086 - Details

Current Committee:: Senate Higher Education

2009-S4086 - Summary

Allows dental hygienists to perform block anesthesia; requires a dental hygienist to be certified and supervised before performing anesthesia.

2009-S4086 - Sponsor Memo

                                 BILL NUMBER:  S4086

 TITLE OF BILL :
An act to amend the education law, in relation to allowing dental
hygienists to perform block anesthesia


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would allow dental hygienists to administer block anesthesia
in conformance with regulations of the commissioner.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would amend Sections 6606 and 6605-b of the education law

Section 1 of the bill adds block anesthesia to the list of duties
performable by a dental hygienist under the supervision of a licensed
dentist.

Section 2 of the bill provides that a dental hygienist be certified by
the Department to perform block anesthesia, specifies the level of
supervision to be provided by the dentist and provides for standards
and procedures for the issuance of a block anesthesia certificate.
The section also provides that the department shall charge $25
triennially for the issuance of a block anesthesia certificate.

Section 3 provides that this bill shall take effect January 1, 2010.

 JUSTIFICATION :
Dental hygienists are allowed to provide nitrous oxide analgesia and
to administer and monitor local infiltration anesthesia, but are not
currently allowed to provide block anesthesia, a form of anesthesia
that anesthetizes an entire quadrant of the mandible. Many dental
services require the use of block anesthesia and there are no public
safety issues inherent to allowing a qualified, trained dental
hygienist to administer such under the personal supervision of a
dentist. Dental hygienists interested in receiving certification in
block anesthesia will be required to complete additional training. In
addition, this legislation will allow a dental hygienist to enter into
a collaborative agreement with a dentist to provide preventative care
in schools, nursing homes, hospitals and other public health care
settings without a dentist being physically present or having seen the
patient.  This legislation will allow dental offices to function more
efficiently, thereby ,benefiting the patient and allowing dentists and
dental hygienists to provide greater access to care.

 PRIOR LEGISLATIVE HISTORY :
Not applicable.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
January 1, 2010.

2009-S4086 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4086

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 9, 2009
                               ___________

Introduced  by  Sen. ONORATO -- 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  allowing  dental
  hygienists to perform block anesthesia

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 6606  of  the  education  law,  as
amended  by  chapter  437  of  the  laws  of 2001, is amended to read as
follows:
  1. The practice of the profession of dental hygiene is defined as  the
performance  of  dental services which shall include removing calcareous
deposits, accretions and stains from the exposed surfaces of  the  teeth
which  begin  at  the  epithelial attachment and applying topical agents
indicated for a complete dental prophylaxis, removing cement, placing or
removing rubber dam, removing sutures, placing  matrix  band,  providing
patient  education,  applying  topical  medication, placing and exposing
X-ray films, performing topical fluoride applications and topical  anes-
thetic  applications,  polishing teeth, taking medical history, charting
caries, taking impressions for study casts, placing and removing  tempo-
rary  restorations, administering and monitoring nitrous oxide analgesia
and administering and monitoring local infiltration OR BLOCK anesthesia,
subject to certification in accordance with  section  sixty-six  hundred
five-b  of this article, and any other function in the definition of the
practice of dentistry as may be  delegated  by  a  licensed  dentist  in
accordance  with  regulations promulgated by the commissioner. The prac-
tice of dental hygiene may be conducted in the office  of  any  licensed
dentist  or  in  any appropriately equipped school or public institution
but must be done under the supervision of a licensed dentist.
  S 2. Section 6605-b of the education law, as added by chapter  437  of
the laws of 2001, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08766-01-9

S. 4086                             2

  S 6605-b.  Dental  hygiene  restricted  local  infiltration  OR  BLOCK
anesthesia/nitrous oxide analgesia certificate. 1.  A  dental  hygienist
shall  not administer or monitor nitrous oxide analgesia or local infil-
tration OR BLOCK anesthesia in the practice of dental hygiene without  a
dental hygiene restricted local infiltration OR BLOCK anesthesia/nitrous
oxide analgesia 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  promul-
gated  by  the  commissioner. Personal supervision, for purposes of this
section, means that the supervising dentist remains in the dental office
where the local  infiltration  OR  BLOCK  anesthesia  or  nitrous  oxide
analgesia  services  are  being  performed,  personally  authorizes  and
prescribes the use of local infiltration OR BLOCK anesthesia or  nitrous
oxide  analgesia  for  the patient and, before dismissal of the patient,
personally examines the condition of the patient after the use of  local
infiltration   OR   BLOCK  anesthesia  or  nitrous  oxide  analgesia  is
completed. It is professional  misconduct  for  a  dentist  to  fail  to
provide  the supervision required by this section, and any dentist found
guilty of such misconduct under the  procedures  prescribed  in  section
sixty-five  hundred  ten of this title shall be subject to the penalties
prescribed in section sixty-five hundred eleven of this title.
  2. The commissioner shall promulgate regulations  establishing  stand-
ards and procedures for the issuance of such certificate. Such standards
shall  require  completion  of  an  educational program and/or course of
training or experience sufficient to ensure that a dental  hygienist  is
specifically  trained  in  the  administration and monitoring of nitrous
oxide analgesia and local infiltration OR BLOCK anesthesia, the possible
effects of such use, and in the recognition of and response to  possible
emergency situations.
  3. The fee for a dental hygiene restricted local infiltration OR BLOCK
anesthesia/nitrous  oxide  analgesia  certificate  shall  be twenty-five
dollars and shall be paid on a triennial  basis  upon  renewal  of  such
certificate.  A  certificate  may  be  suspended  or revoked in the same
manner as a license to practice dental hygiene.
  S 3. This act shall take effect January 1, 2010.

2009-S4086A (ACTIVE) - Details

Current Committee:: Senate Higher Education

2009-S4086A (ACTIVE) - Summary

Allows dental hygienists to perform block anesthesia; requires a dental hygienist to be certified and supervised before performing anesthesia.

2009-S4086A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4086A

 TITLE OF BILL :
An act to amend the education law, in relation to allowing dental
hygienists to perform anesthesia


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would allow dental hygienists to administer both types of
local anesthesia, infiltration and block in conformance with
regulations of the commissioner.

This bill would amend Sections 6606 and 6605-b of the education law.

Section 1 of the bill removes the specification of infiltration
anesthesia and allows for the administration and monitoring of local
anesthesia, infiltration and block, as duties performable by a dental
hygienist under the supervision of a licensed dentist.

Section 2 of the bill provides that a dental hygienist be certified by
the Department to perform local anesthesia, specifies the level of
supervision to be provided by the dentist and provides for standards
and procedures for the issuance of a local anesthesia certificate.
The section also provides that the department shall charge $25
triennially for the issuance of a block anesthesia certificate.

Section 3 provides that this bill shall take effect January 1, 2009.

 JUSTIFICATION :
Dental hygienists are allowed to provide nitrous oxide analgesia and
to administer and monitor local infiltration anesthesia, but are not
currently allowed to provide block anesthesia, a form of anesthesia
that anesthetizes an entire quadrant of the mandible. Many dental
services require the use of block anesthesia and there are no public
safety issues inherent to allowing a qualified, trained dental
hygienist to administer such under the personal supervision of a
dentist. Dental hygienists interested in receiving certification in
block anesthesia will be required to complete additional training. In
addition, this legislation will allow a dental hygienist to enter into
a collaborative agreement with a dentist to provide preventative care
in schools, nursing homes, hospitals and other public health care
settings without a dentist being physically present or having seen the
patient. This legislation will allow dental offices to function more
efficiently, thereby, benefiting the patient and allowing dentists and
dental hygienists to provide greater access to care.

 PRIOR LEGISLATIVE HISTORY :
Not applicable.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
January 1, 2009.

2009-S4086A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4086--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 9, 2009
                               ___________

Introduced  by  Sen. ONORATO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the  education  law,  in  relation  to  allowing  dental
  hygienists to perform anesthesia

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 6606  of  the  education  law,  as
amended  by  chapter  437  of  the  laws  of 2001, is amended to read as
follows:
  1. The practice of the profession of dental hygiene is defined as  the
performance  of  dental services which shall include removing calcareous
deposits, accretions and stains from the exposed surfaces of  the  teeth
which  begin  at  the  epithelial attachment and applying topical agents
indicated for a complete dental prophylaxis, removing cement, placing or
removing rubber dam, removing sutures, placing  matrix  band,  providing
patient  education,  applying  topical  medication, placing and exposing
X-ray films, performing topical fluoride applications and topical  anes-
thetic  applications,  polishing teeth, taking medical history, charting
caries, taking impressions for study casts, placing and removing  tempo-
rary  restorations, administering and monitoring nitrous oxide analgesia
and  administering  and  monitoring  local  [infiltration]   anesthesia,
subject  to  certification  in accordance with section sixty-six hundred
five-b of this article, and any other function in the definition of  the
practice  of  dentistry  as  may  be  delegated by a licensed dentist in
accordance with regulations promulgated by the commissioner.  The  prac-
tice  of  dental  hygiene may be conducted in the office of any licensed
dentist or in any appropriately equipped school  or  public  institution
but must be done under the supervision of a licensed dentist.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08766-03-9

S. 4086--A                          2

  S  2.  Section 6605-b of the education law, as added by chapter 437 of
the laws of 2001, is amended to read as follows:
  S 6605-b.    Dental    hygiene   [restricted]   local   [infiltration]
anesthesia/nitrous oxide analgesia certificate. 1.  A  dental  hygienist
shall not administer or monitor nitrous oxide analgesia or local [infil-
tration]  anesthesia  in the practice of dental hygiene without a dental
hygiene  [restricted]  local  [infiltration]  anesthesia/nitrous   oxide
analgesia  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 promul-
gated  by  the  commissioner. Personal supervision, for purposes of this
section, means that the supervising dentist remains in the dental office
where the local [infiltration] anesthesia  or  nitrous  oxide  analgesia
services  are  being performed, personally authorizes and prescribes the
use of local [infiltration] anesthesia or nitrous  oxide  analgesia  for
the  patient  and,  before dismissal of the patient, personally examines
the condition of the patient after the use of local [infiltration] anes-
thesia or nitrous oxide  analgesia  is  completed.  It  is  professional
misconduct  for a dentist to fail to provide the supervision required by
this section, and any dentist found guilty of such misconduct under  the
procedures  prescribed  in  section sixty-five hundred ten of this title
shall be subject to  the  penalties  prescribed  in  section  sixty-five
hundred eleven of this title.
  2.  The  commissioner shall promulgate regulations establishing stand-
ards and procedures for the issuance of such certificate. Such standards
shall require completion of an  educational  program  and/or  course  of
training  or  experience sufficient to ensure that a dental hygienist is
specifically trained in the administration  and  monitoring  of  nitrous
oxide  analgesia  and  local  [infiltration]  anesthesia,  the  possible
effects of such use, and in the recognition of and response to  possible
emergency situations.
  3.  The  fee  for  a  dental hygiene [restricted] local [infiltration]
anesthesia/nitrous oxide  analgesia  certificate  shall  be  twenty-five
dollars  and  shall  be  paid  on a triennial basis upon renewal of such
certificate. A certificate may be  suspended  or  revoked  in  the  same
manner as a license to practice dental hygiene.
  S 3. This act shall take effect January 1, 2010.

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Senate Bill S4086

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

2009-S4086 - Details

2009-S4086 - Summary

2009-S4086 - Sponsor Memo

2009-S4086 - Bill Text download pdf

2009-S4086A (ACTIVE) - Details

2009-S4086A (ACTIVE) - Summary

2009-S4086A (ACTIVE) - Sponsor Memo

2009-S4086A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S4086

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Sponsored By

George Onorato

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

2009-S4086 - Details

2009-S4086 - Summary

2009-S4086 - Sponsor Memo

2009-S4086 - Bill Text download pdf

2009-S4086A (ACTIVE) - Details

2009-S4086A (ACTIVE) - Summary

2009-S4086A (ACTIVE) - Sponsor Memo

2009-S4086A (ACTIVE) - Bill Text download pdf

Comments