S T A T E O F N E W Y O R K
________________________________________________________________________
6752--A
Cal. No. 657
2023-2024 Regular Sessions
I N S E N A T E
May 9, 2023
___________
Introduced by Sens. HARCKHAM, WEBB -- read twice and ordered printed,
and when printed to be committed to the Committee on Higher Education
-- recommitted to the Committee on Higher Education in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
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 and subdivision 1 as amended by chapter 198 of
the laws of 2022, is amended to read as follows:
§ 6605-b. Dental hygiene restricted local infiltration
anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist,
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, shall
not administer or monitor nitrous oxide analgesia or local infiltration
anesthesia in the practice of dental hygiene without a dental hygiene
restricted local infiltration anesthesia/nitrous oxide analgesia certif-
icate and except under the personal supervision of a dentist 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 anes-
thesia or nitrous oxide analgesia services are being performed,
personally authorizes and prescribes the use of local infiltration anes-
thesia 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02127-03-4
S. 6752--A 2
sixty-five hundred ten of this title shall be subject to the penalties
prescribed in section sixty-five hundred eleven of this title.
2. DENTAL HYGIENE RESTRICTED LOCAL INFILTRATION AND BLOCK
ANESTHESIA/NITROUS OXIDE ANALGESIA CERTIFICATE. A DENTAL HYGIENIST,
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION ONE OF THIS SECTION, SHALL
NOT ADMINISTER OR MONITOR NITROUS OXIDE ANALGESIA OR LOCAL INFILTRATION
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 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 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 EXAM-
INES THE CONDITION OF THE PATIENT AFTER THE USE OF LOCAL INFILTRATION OR
BLOCK ANESTHESIA OR NITROUS OXIDE ANALGESIA IS COMPLETED. IT IS PROFES-
SIONAL MISCONDUCT FOR A DENTIST TO FAIL TO PROVIDE THE SUPERVISION
REQUIRED BY THIS SECTION, AND ANY DENTIST FOUND GUILTY OF SUCH MISCON-
DUCT 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.
3. The commissioner shall promulgate regulations establishing stand-
ards and procedures for the issuance of such [certificate] CERTIFICATES.
Such standards shall require completion of an educational program and/or
course of training or experience APPROPRIATE TO EACH CERTIFICATE AND
sufficient to ensure that a dental hygienist is specifically trained in
the administration and monitoring of nitrous oxide analgesia and local
infiltration ANESTHESIA OR IS SPECIFICALLY TRAINED IN THE ADMINISTRATION
AND MONITORING OF NITROUS OXIDE ANALGESIA, LOCAL INFILTRATION ANES-
THESIA, AND BLOCK anesthesia, the possible effects of such use, and in
the recognition of and response to possible emergency situations.
[3.] 4. The fee for a dental hygiene restricted local infiltration AND
BLOCK anesthesia/nitrous oxide analgesia certificate shall be twenty-
five dollars AND THE FEE FOR A DENTAL HYGIENE RESTRICTED LOCAL INFIL-
TRATION ANESTHESIA/NITROUS OXIDE ANALGESIA AND BLOCK ANESTHESIA CERTIF-
ICATE 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
S. 6752--A 3
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 one year after it shall have become a
law.
