N.Y. Education Law § 6606: Definition of practice of dental hygiene

* § 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, a voluntary foster care

agency health facility licensed pursuant to article twenty-nine-I 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