{"data":{"id":"us-ky/krs-313.040","jurisdiction":"us-ky","citation":"KRS 313.040","heading":"Administrative regulations governing dental hygienists.","body":"(1) The board shall promulgate administrative regulations in accordance with KRS\nChapter 13A relating to dental hygienists. The administrative regulations shall\ninclude at a minimum the classification of and licensure of dental hygienists, by\nexamination or cr edentials, general supervision privileges, anesthesia registration,\nretirement of a license, reinstatement of a license, and charity licenses.\n(2) Renewal programs shall be organized to include continuing education approved by\nthe board.\n(3) A licensed dental hygienist shall practice under the supervision, order, control, and\nfull responsibility of a dentist licensed under this chapter and may practice:\n(a) In a dental office, public or private school, health care facility, or government\ninstitution with a dentist on staff;\n(b) Without the physical presence of a supervising dentist as provided in\nadministrative regulations promulgated pursuant to subsections (6), (7), (8),\nand (9) of this section; or\n(c) Without a supervising dentist if providing screening s ervices in accordance\nwith subsection (10) of this section.\n(4) It shall be unlawful for a person or entity to practice dental hygiene in a manner that\nis separate or independent from the dental practice of a supervising dentist or to\nestablish or maintain an office or practice that is primarily devoted to the provision\nof dental hygiene services.\n(5) A dental hygienist may be employed by the supervising dentist or under contract\nwith a dentist licensed under this chapter who is one (1) of the following:\n(a) The employer of the supervising dentist;\n(b) A shareholder in a professional association formed under KRS Chapter 274 of\nwhich the supervising dentist is a shareholder;\n(c) A member or manager of a limited liability company formed under KRS\nChapter 275 of which the supervising dentist is a member or manager;\n(d) A shareholder in a corporation formed under KRS Chapter 271B of which the\nsupervising dentist is a shareholder;\n(e) A partner or employee of a partnership of which the supervising dentist is a\npartner or employee; or\n(f) A government entity that employs the dental hygienist to provide dental\nhygiene services in a public school in connection with other programs the\ngovernment entity administers.\n(6) A dental hygienist may provide the following procedures in a volunteer community\nhealth setting without the supervision of a dentist:\n(a) Dental health education;\n(b) Nutritional counseling;\n(c) Preparing a generalized oral screening with subsequent referral to a dentist;\n(d) Applying fluoride on patients;\n(e) Demonstration of oral hygiene technique; and\n(f) Sealants.\n(7) (a) A dental hygienist may provide, for not more than fifteen (15) consecutive\nfull business days, dental hygiene services to a patient when the supervising\ndentist is not physically present at the location at which the services are\nprovided if all the following requirements are met:\n1. The dental hygienist has at least three thousand (3,000) hours of work\nexperience in the practice of dental hygiene;\n2. The dental hygienist has successfully completed a course approved by\nthe board in the identification and prevention of potential medical\nemergencies with reregistration in this course every two (2) years;\n3. The dental hygienist complies with written protocols for emergencies\nthe supervising dentist establishes;\n4. The dental hygienist does not examine or provide dental health services\nto a patient who has not been examined by the supervising dentist within\nthe previous eleven (11) months. The supervising dentist shall have\ncompleted and evaluated a medical and dental history of the patient and\nshall have placed a written order for treatment in the patient's file. The\nboard shall promulgate administrative regulat ions in accordance with\nKRS Chapter 13A to determine guidelines for the written order; and\n5. A patient is notified in advance of an appointment for dental hygiene\nservices when the supervising dentist will be absent from the location.\nThe patient shall be  required to sign an informed consent form, prior to\ntreatment by the hygienist, acknowledging the dentist's absence.\n(b) The board shall promulgate administrative regulations to determine\nprocedures the dental hygienist shall not be allowed to perform whi le the\nsupervising dentist is absent from the work site.\n(8) A dental hygienist licensed by the board may practice as a public health hygienist\nand may provide dental hygiene services if:\n(a) The services are provided as part of a dental health program;\n(b) The program for which the hygienist works is operated through the\nDepartment for Public Health or a governing board of health; and\n(c) The hygienist performs only accepted standardized protocols which are\ncontained within the scope of practice of dental hygiene and which are\nreviewed and approved by the Board of Dentistry and either the Department\nfor Public Health or the dentist member of the governing board of health, as\nset out in administrative regulation.\n(9) A dental hygienist licensed by the board may make radiographs upon written order\nof the supervising dentist without the dentist being physically present.\n(10) A dental hygienist may provide screening services in any setting without the\nsupervision of a dentist if:\n(a) The screening is conducted t o fulfill the requirements of KRS 156.160(1)(j);\nand\n(b) Patients are informed that the service being provided is a screening and that\nonly a dentist is licensed to make a definitive diagnosis of the need for dental\ncare.","path":["KRS Chapter 313"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56878","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:09Z","sha256":"9855f0db61b20387ad161b574962c04b15ecadabe4707bab474e2ae85b9587e7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-313.035","next":"us-ky/krs-313.045"},"notice":"GroundRules: Original legal text. Not legal advice."}