S T A T E O F N E W Y O R K
________________________________________________________________________
4558
2019-2020 Regular Sessions
I N S E N A T E
March 14, 2019
___________
Introduced by Sen. PARKER -- 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
assisting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 133 of the education law, as
added by chapter 987 of the laws of 1971, is amended to read as follows:
DENTISTRY [AND], DENTAL HYGIENE, AND
REGISTERED DENTAL ASSISTING
§ 2. Section 6600 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
§ 6600. Introduction. This article applies to the professions of
dentistry [and], dental hygiene, AND REGISTERED DENTAL ASSISTING. The
general provisions for all professions contained in article one hundred
thirty of this title apply to this article.
§ 3. Section 6603 of the education law, as amended by chapter 393 of
the laws of 1999, is amended to read as follows:
§ 6603. State board for dentistry. A state board for dentistry shall
be appointed by the board of regents on recommendation of the commis-
sioner for the purpose of assisting the board of regents and the depart-
ment on matters of professional licensing and professional conduct in
accordance with section sixty-five hundred eight of this title. The
board shall be composed of not less than thirteen dentists licensed in
this state for at least five years, not less than three dental hygien-
ists licensed in this state for at least five years, and not less than
one [certified] REGISTERED dental assistant licensed in this state for
at least one year. An executive secretary to the board shall be
appointed by the board of regents on recommendation of the commissioner
and shall be a dentist licensed in this state.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08322-01-9
S. 4558 2
§ 4. Section 6608 of the education law, as amended by chapter 239 of
the laws of 2013, is amended to read as follows:
§ 6608. Definition of practice of [certified] REGISTERED dental
assisting. The practice of [certified] REGISTERED dental assisting is
defined as providing supportive services to a dentist in [his/her] HIS
OR HER performance of dental services authorized under this article.
Such support shall include providing patient education, taking prelimi-
nary medical histories and vital signs to be reviewed by the dentist,
placing and removing rubber dams, selecting and prefitting provisional
crowns, selecting and prefitting orthodontic bands, removing orthodontic
arch wires and ligature ties, placing and removing matrix bands, taking
impressions for study casts or diagnostic casts, removing periodontal
dressings, and such other dental supportive services authorized by the
dentist consistent with regulations promulgated by the commissioner,
provided that such functions are performed under the direct personal
supervision of a licensed dentist in the course of the performance of
dental services. Such services shall not include diagnosing and/or
performing surgical procedures, irreversible procedures or procedures
that would alter the hard or soft tissue of the oral and maxillofacial
area or any other procedures determined by the department. The practice
of [certified] REGISTERED dental assisting 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 direct personal super-
vision of a licensed dentist. Direct personal supervision, for purposes
of this section, means supervision of dental procedures based on
instructions given by a licensed dentist in the course of a procedure
who remains in the dental office where the supportive services are being
performed, personally diagnoses the condition to be treated, personally
authorizes the procedures, and before dismissal of the patient, who
remains the responsibility of the licensed dentist, evaluates the
services performed by the REGISTERED dental assistant. Nothing herein
authorizes a REGISTERED dental assistant to perform any of the services
or functions defined as part of the practice of dental hygiene in
accordance with the provisions of subdivision one of section sixty-six
hundred six of this article, except those functions authorized pursuant
to this section. All dental supportive services provided in this section
may be performed by currently registered dental hygienists either under
a dentist's supervision, as defined in regulations of the commissioner,
or, in the case of a registered dental hygienist working for a hospital
as defined in article twenty-eight of the public health law, pursuant to
a collaborative arrangement with a licensed dentist in accordance with
subdivision one of section sixty-six hundred six of this article. Such
collaborative arrangement shall not obviate or supersede any law or
regulation which requires identified services to be performed under the
personal supervision of a dentist.
§ 5. Section 6608-a of the education law, as added by chapter 494 of
the laws of 1994, is amended to read as follows:
§ 6608-a. Practice of [certified] REGISTERED dental assisting and use
of title "[certified] REGISTERED dental assistant". Only a person
certified under section sixty-six hundred eight-b of this article or
exempt pursuant to section sixty-six hundred ten of this article shall
practice [certified] REGISTERED dental assisting. Only a person certi-
fied pursuant to section sixty-six hundred eight-b of this article shall
use the title "[certified] REGISTERED dental assistant".
§ 6. Section 6608-b of the education law, as added by chapter 494 of
the laws of 1994, subdivision 4 as amended by chapter 300 of the laws of
S. 4558 3
2006 and subdivision 5 as amended by chapter 565 of the laws of 1995, is
amended to read as follows:
§ 6608-b. Requirements for certification as a [certified] REGISTERED
dental assistant. To qualify for certification as a [certified] REGIS-
TERED dental assistant, an applicant shall fulfill the following
requirements:
(1) Application: file an application with the department;
(2) Age: be at least [seventeen] EIGHTEEN years of age;
(3) Fees: pay a fee of forty-five dollars to the department for
initial certification and a fee of fifty dollars for each triennial
registration period;
(4) Education and experience: (A) have received a high school diploma,
or its equivalent, and (B) have successfully completed, in accordance
with the commissioner's regulations, (i) an approved one-year course of
study in dental assisting in a degree-granting institution or a board of
cooperative educational services program which includes at least two
hundred hours of clinical experience, or an equivalent approved course
of study in dental assisting in a non-degree granting institution which
shall not be a professional association or professional organization or
(ii) an alternate course of study in dental assisting acceptable to the
department which shall be provided by a degree-granting institution or a
board of cooperative educational services program which includes at
least one thousand hours of relevant work experience; [and]
(5) Examination: pass an examination IN DENTAL ASSISTING given by an
organization which administers SUCH examinations [for certifying dental
assistants] and which is acceptable to the department[.]; AND
(6) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT.
§ 7. This act shall take effect immediately.
