Legislation

* § 6606. Definition of practice of dental hygiene. 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 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 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
working 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
consultation 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 collaborative agreement, such dental hygienist shall
instruct individuals to visit a licensed dentist for comprehensive
examination or treatment.

2. The commissioner shall promulgate regulations defining the
functions a dental hygienist may perform that are consistent with the
training and qualifications for a license as a dental hygienist.

* NB Effective until June 19, 2027

* § 6606. Definition of practice of dental hygiene. 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 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 practice of dental hygiene may be conducted in the
office of any licensed dentist or in any appropriately equipped school
or public institution but shall be done either under the supervision of
a licensed dentist or may be performed by a registered dental hygienist
designated as a registered dental hygienist, collaborative practice in
collaboration with a licensed dentist provided such services are
performed in accordance with a written practice agreement and written
practice protocols to be known as a collaborative practice agreement.
Under a collaborative practice agreement, dental hygienists may perform
all services which are designated in regulation under general
supervision without prior evaluation of a dentist or medical
professional and may be performed without supervision in an authorized
setting as defined in subdivision four of this section. Such
collaborative agreements shall not obviate or supersede any law or
regulation which requires identified services to be performed under the
personal supervision of a dentist.

2. The collaborative practice agreement shall:

(a) be signed and maintained by the dentist, the dental hygienist and
authorized setting;

(b) be reviewed annually by the dentist and dental hygienist;

(c) include consideration 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; and

(d) be made available to the department and other interested parties
upon request.

3. Before performing services pursuant to a collaborative practice
agreement, a dental hygienist, collaborative practice shall 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 procedures, the dental hygienist shall fill out
a referral form and provide a copy of the form to the collaborating
dentist.

4. The performance of services pursuant to a collaborative agreement
is authorized in the following settings: a hospital as defined in
article twenty-eight of the public health law, an appropriately equipped
school, a federally qualified health center, a long-term care facility,
a group home servicing people with intellectual and developmental
disabilities, a facility serving veterans, a temporary housing facility,
a prison, a drug treatment facility, a domestic violence shelter, and
appropriate settings in which homebound residents are unable to be
relocated for necessary treatment.

5. A registered dental hygienist, collaborative practice shall have no
more than one collaborative agreement with a dentist at one time.

6. A dentist shall not have a collaborative agreement with more than
six registered dental hygienists, collaborative practice at one time.
The department may grant an exception to such limitation for public
health settings on a case-by-case basis.

7. A dental hygienist shall file an application with the department to
practice as a registered dental hygienist, collaborative practice and
pay a fee determined by the department. As a condition of collaborative
practice, the dental hygienist shall have been engaged in practice for
three years with a minimum of four thousand five hundred practice hours
and shall complete an eight-hour continuing education program that
includes instruction in medical emergency procedures, risk management,
dental hygiene jurisprudence and professional ethics.

8. The commissioner shall promulgate regulations defining the
functions a dental hygienist may perform that are consistent with the
training and qualifications for a license as a dental hygienist.

* NB Effective June 19, 2027