KRS 313.040: Administrative regulations governing dental hygienists.

(1) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A relating to dental hygienists. The administrative regulations shall

include at a minimum the classification of and licensure of dental hygienists, by

examination or cr edentials, general supervision privileges, anesthesia registration,

retirement of a license, reinstatement of a license, and charity licenses.

(2) Renewal programs shall be organized to include continuing education approved by

the board.

(3) A licensed dental hygienist shall practice under the supervision, order, control, and

full responsibility of a dentist licensed under this chapter and may practice:

(a) In a dental office, public or private school, health care facility, or government

institution with a dentist on staff;

(b) Without the physical presence of a supervising dentist as provided in

administrative regulations promulgated pursuant to subsections (6), (7), (8),

and (9) of this section; or

(c) Without a supervising dentist if providing screening s ervices in accordance

with subsection (10) of this section.

(4) It shall be unlawful for a person or entity to practice dental hygiene in a manner that

is separate or independent from the dental practice of a supervising dentist or to

establish or maintain an office or practice that is primarily devoted to the provision

of dental hygiene services.

(5) A dental hygienist may be employed by the supervising dentist or under contract

with a dentist licensed under this chapter who is one (1) of the following:

(a) The employer of the supervising dentist;

(b) A shareholder in a professional association formed under KRS Chapter 274 of

which the supervising dentist is a shareholder;

(c) A member or manager of a limited liability company formed under KRS

Chapter 275 of which the supervising dentist is a member or manager;

(d) A shareholder in a corporation formed under KRS Chapter 271B of which the

supervising dentist is a shareholder;

(e) A partner or employee of a partnership of which the supervising dentist is a

partner or employee; or

(f) A government entity that employs the dental hygienist to provide dental

hygiene services in a public school in connection with other programs the

government entity administers.

(6) A dental hygienist may provide the following procedures in a volunteer community

health setting without the supervision of a dentist:

(a) Dental health education;

(b) Nutritional counseling;

(c) Preparing a generalized oral screening with subsequent referral to a dentist;

(d) Applying fluoride on patients;

(e) Demonstration of oral hygiene technique; and

(f) Sealants.

(7) (a) A dental hygienist may provide, for not more than fifteen (15) consecutive

full business days, dental hygiene services to a patient when the supervising

dentist is not physically present at the location at which the services are

provided if all the following requirements are met:

1. The dental hygienist has at least three thousand (3,000) hours of work

experience in the practice of dental hygiene;

2. The dental hygienist has successfully completed a course approved by

the board in the identification and prevention of potential medical

emergencies with reregistration in this course every two (2) years;

3. The dental hygienist complies with written protocols for emergencies

the supervising dentist establishes;

4. The dental hygienist does not examine or provide dental health services

to a patient who has not been examined by the supervising dentist within

the previous eleven (11) months. The supervising dentist shall have

completed and evaluated a medical and dental history of the patient and

shall have placed a written order for treatment in the patient's file. The

board shall promulgate administrative regulat ions in accordance with

KRS Chapter 13A to determine guidelines for the written order; and

5. A patient is notified in advance of an appointment for dental hygiene

services when the supervising dentist will be absent from the location.

The patient shall be required to sign an informed consent form, prior to

treatment by the hygienist, acknowledging the dentist's absence.

(b) The board shall promulgate administrative regulations to determine

procedures the dental hygienist shall not be allowed to perform whi le the

supervising dentist is absent from the work site.

(8) A dental hygienist licensed by the board may practice as a public health hygienist

and may provide dental hygiene services if:

(a) The services are provided as part of a dental health program;

(b) The program for which the hygienist works is operated through the

Department for Public Health or a governing board of health; and

(c) The hygienist performs only accepted standardized protocols which are

contained within the scope of practice of dental hygiene and which are

reviewed and approved by the Board of Dentistry and either the Department

for Public Health or the dentist member of the governing board of health, as

set out in administrative regulation.

(9) A dental hygienist licensed by the board may make radiographs upon written order

of the supervising dentist without the dentist being physically present.

(10) A dental hygienist may provide screening services in any setting without the

supervision of a dentist if:

(a) The screening is conducted t o fulfill the requirements of KRS 156.160(1)(j);

and

(b) Patients are informed that the service being provided is a screening and that

only a dentist is licensed to make a definitive diagnosis of the need for dental

care.