NY State Senate Bill 2015-S3308

Senate Bill S3308

2015-2016 Legislative Session

Authorizes dental hygienists to provide such services in collaboration with a licensed dentist

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to higher education
Feb 05, 2015	referred to higher education

2015-S3308 (ACTIVE) - Details

See Assembly Version of this Bill:: A1959
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6607-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7353, A111
2013-2014: S1944, A5096
2017-2018: S743, A2553
2019-2020: A335
2021-2022: A3934
2023-2024: A488

2015-S3308 (ACTIVE) - Summary

Authorizes dental hygienists to provide such services without supervision in collaboration with a licensed dentist under a collaborative practice agreement.

2015-S3308 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3308

TITLE OF BILL:

An act to amend the education law, in relation to registered dental
hygienists working without supervision but within a collaborative
practice agreement with a licensed dentist

PURPOSE:

To create the category of registered dental hygienist, collaborative
practice, which authorizes dental hygienists to practice without
supervision but within a collaborative practice agreement with a
licensed dentist.

SUMMARY OF PROVISIONS:

Section 1 adds a new section 6607-a to the education law which creates
and defines the practice of collaborative practice dental hygiene.
This section provides that the practice of dental hygiene may be
performed in collaboration with a licensed dentist provided such
services are performed in accordance with a written practice agreement
and written practice protocols. This section also establishes the
required content and procedures pertaining to the written
collaborative practice agreement and collaborative practice
arrangements. Lastly, this section requires dental hygienists to

provide a patient with a written statement advising the patient that
dental hygiene services are not a substitute for a dental examination
by a licensed dentist, and to make referrals for further dental
procedures as necessary.

Section 2 provides for the immediate enactment of this bill.

JUSTIFICATION:

According to the 2005 Department of Health's Oral Health Plan for New
York State, approximately 50% of children in New York experience tooth
decay by the third grade and about 18% of New Yorkers 65 years and
older have lost all their teeth. Because of current disparities that
exist in oral health, these numbers are even higher among low-income
and minority populations. Increasing access to dental hygiene services
will help to ensure that all New Yorkers are able to receive quality
oral healthcare.

Dental hygienists fulfill a critical role in the provision of dental
care, both in private-practice and public health settings. In fact, a
2010 report issued by the Pew Center on the States found that adding
dental hygienists to a practice enables most private-practice dentists
to serve more patients while increasing profitability and
productivity. With the enactment of the federal health care reform law
in 2010, which will extend dental insurance to an estimated 5.3
million more children nationally by 2014, patient demand for dental
care will continue to increase. It is imperative that dental
hygienists' skills and training are fully utilized freeing up dentists
to treat more patients.


Medicaid Redesign Team (MRT) supports this action as one of its top
five priorities of their twelve final recommendations. According to
the 2011 published recommendations from MRT, this bill will allow for
the maximum utilization of the dental hygienists in New York State, in
keeping with their education, training, and expertise as oral health
prevention specialists. Collaborative Practice will serve to improve
the oral health status of New Yorkers and promote the prevention of
disease and oral health.

Collaborative practice is another way to increase access to dental
hygiene care and disease prevention. Collaborative practice dental
hygienists would be able to practice, pursuant to the terms of the
collaborative practice agreement, without the supervision of the
dentist. This makes it much easier for dental hygienists to practice
in under-served communities, where there is a great need for
prophylactic treatments and oral health counseling. Collaborative
practice dental hygienists would also screen patients for disease and
refer them to the collaborating dentist for dental examinations and
other treatments.

This legislation creates more opportunities for New Yorkers to receive
dental hygiene care, and decreases their risk of developing oral
disease and tooth decay. Moreover this bill requires registered dental
hygienists to apply for a new certification with the New York State
Education Department for Collaborative Practice (RDH-CP). As a
prerequisite, three years experience and continuing education
requirements are provided for.

LEGISLATIVE HISTORY:

2013-2014: S.1944 - referred to higher education / A.5096 - referred
to higher education
2011-2012: S.7353 - referred to higher education / A.111-A - referred
to higher education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3308 (ACTIVE) - Bill Text download pdf

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

                                  3308

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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  registered  dental
  hygienists  working  without  supervision  but  within a collaborative
  practice agreement with a licensed dentist

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

  Section 1. The education law is amended by adding a new section 6607-a
to read as follows:
  S 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF
TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1.
THE  PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS
ARTICLE, MAY BE PERFORMED  IN  COLLABORATION  WITH  A  LICENSED  DENTIST
PROVIDED  SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC-
TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A  COLLABO-
RATIVE  PRACTICE  AGREEMENT.  UNDER  A COLLABORATIVE PRACTICE AGREEMENT,
DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU-
LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND
MAY  BE  PERFORMED  WITHOUT  SUPERVISION  IN  A  COLLABORATIVE  PRACTICE
SETTING.
  2.  (A)  THE  COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER-
ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC  MEDICAL  CONDITIONS,
AND  AGE-  AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT
LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF  DENTAL  HYGIENE
SERVICES  AND  A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD
OCCUR.
  (B) THE COLLABORATIVE AGREEMENT SHALL BE:
  (I) SIGNED AND MAINTAINED BY THE DENTIST, THE  DENTAL  HYGIENIST,  AND
THE FACILITY, PROGRAM, OR ORGANIZATION;
  (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
IST; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04862-01-5

S. 3308                             2

  (III)  MADE  AVAILABLE  TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
UPON REQUEST.
  (C)  ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND REGISTERED
DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE  AT  A
TIME.
  3.  BEFORE  PERFORMING  ANY  SERVICES AUTHORIZED UNDER THIS SECTION, A
DENTAL HYGIENIST MUST PROVIDE  THE  PATIENT  WITH  A  WRITTEN  STATEMENT
ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A
SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL
HYGIENIST  MAKES  ANY REFERRALS TO THE PATIENT FOR FURTHER DENTAL PROCE-
DURES, THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE  A
COPY OF THE FORM TO THE COLLABORATING DENTIST.
  4.  THE  COLLABORATIVE  PRACTICE  DENTAL  HYGIENIST  MAY  ENTER INTO A
CONTRACTUAL ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND  REGISTERED
DENTIST,  HEALTH  CARE FACILITY, PROGRAM, AND/OR NON-PROFIT ORGANIZATION
TO PERFORM DENTAL HYGIENE SERVICES IN  THE  FOLLOWING  SETTINGS:  DENTAL
OFFICES;  LONGTERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC OR
PRIVATE  SCHOOLS;  PUBLIC  HEALTH  AGENCIES/FEDERALLY  QUALIFIED  HEALTH
CENTERS;  CORRECTIONAL  FACILITIES;  PUBLIC  INSTITUTIONS/MENTAL  HEALTH
FACILITIES; AND PRIVATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE
TO BE RELOCATED FOR NECESSARY TREATMENT.
  5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO
MORE THAN SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS.  THE  DEPARTMENT
MAY  GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON
A CASE-BY-CASE BASIS.
  6. A DENTAL HYGIENIST MUST MAKE APPLICATION  TO  THE  NEW  YORK  STATE
EDUCATION  DEPARTMENT  TO  PRACTICE  AS  A  REGISTERED DENTAL HYGIENIST,
COLLABORATIVE PRACTICE (RDH-CP) AND PAY A FEE SET BY THE DEPARTMENT.  AS
A  CONDITION  OF  COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST MUST HAVE
BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND
FIVE HUNDRED PRACTICE HOURS AND MUST COMPLETE AN EIGHT  HOUR  CONTINUING
EDUCATION  PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCE-
DURES, RISK MANAGEMENT, DENTAL HYGIENE  JURISPRUDENCE  AND  PROFESSIONAL
ETHICS.
  S 2. This act shall take effect immediately.

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