S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1046
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. PAULIN, THIELE, ABINANTI -- Multi-Sponsored by --
   M.  of  A.  COOK  -- read once and referred to the Committee on Higher
   Education
 
 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:
 
   Section  1.  Section  6605-b of the education law, as added by chapter
 437 of the laws of 2001, is amended to read as follows:
   § 6605-b. Dental  hygiene  restricted  local  infiltration  AND  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    AND    BLOCK
 anesthesia/nitrous  oxide  analgesia  certificate  and  except under the
 personal supervision of a dentist and in conjunction with  the  perform-
 ance  of  dental  hygiene procedures authorized by law and in accordance
 with regulations promulgated 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 author-
 izes 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] ARTICLE shall be subject to the
 penalties prescribed  in  section  sixty-five  hundred  eleven  of  this
 [title] ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02028-01-1
              

 A. 1046                             2
 
   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 AND
 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.
   § 2. Subdivision 1 of section 6606 of the education law, as amended by
 chapter 239 of the laws of 2013, 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
 diagnostic dental X-ray films, performing topical fluoride  applications
 and  topical  anesthetic  applications,  polishing teeth, taking medical
 history, charting caries, taking impressions for  study  casts,  placing
 and   removing  temporary  restorations,  administering  and  monitoring
 nitrous oxide analgesia and administering and  monitoring  local  infil-
 tration  AND  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 deleg-
 ated by a licensed dentist in accordance with regulations promulgated by
 the commissioner. The practice 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 either under the supervision of a
 licensed dentist or, in the case of a registered dental hygienist  work-
 ing  for  a  hospital  as  defined in article twenty-eight of the public
 health law, pursuant to a collaborative arrangement with a licensed  and
 registered  dentist who has a formal relationship with the same hospital
 in accordance with regulations promulgated by the department in  consul-
 tation  with  the  department  of health. 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. When dental hygiene services are provided pursuant to a  colla-
 borative  agreement, such dental hygienist shall instruct individuals to
 visit a licensed dentist for comprehensive examination or treatment.
   § 3. This act shall take effect immediately.