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A00284 Summary:

BILL NOA00284
 
SAME ASSAME AS S06752
 
SPONSORPaulin
 
COSPNSRThiele
 
MLTSPNSRCook
 
Amd §§6605-b & 6606, Ed L
 
Provides that a dental hygienist shall not administer local block anesthesia without a certificate and except under the personal supervision of a dentist and in conjunction with the performance of dental hygiene procedures authorized by law and in accordance with regulations promulgated by the commissioner.
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A00284 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A284
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the education law, in relation to local block anesthesia   PURPOSE: This bill allows hygienists to administer block anesthesia in addition to the currently allowed local anesthesia and infiltration, in conform- ance with regulations of the commissioner.   SUMMARY OF PROVISIONS: This bill amends article 133, sections 6606 and 6605-b, of the education law. Section 1, subdivision 1 of the bill adds the administration of block anesthesia to the list of duties dental hygienists may perform under the supervision of a licensed dentist. Subdivision 2 specifies that the commissioner shall establish the standards and procedures for the train- ing certificate issuance, to ensure that the hygienist is specifically trained in the administration of nitrous oxide analgesia, local infil- tration and block anesthesia. Subdivision 3 provides that the department shall charge $25 triennially for the issuance of the certificate. Section 2 of the bill adds block anesthesia to the definition of prac- tice of dental hygiene. Section 3 provides that the bill shall take effect immediately.   JUSTIFICATION: Dental hygienists are allowed to provide nitrous oxide analgesia and to administer and monitor local infiltration anesthesia, but are not currently allowed to provide block anesthesia. Block anesthesia is a form of anesthesia that intra-orally anesthetizes an entire nerve group. Many dental services require the use of block anesthesia and there are no public safety issues inherent to allowing a qualified, trained dental hygienist to administer it under the supervision of a dentist. Dental hygienists interested in receiving certification in block anesthesia will be required to complete additional training. In fact, currently, 43 states allow dental hygienists to perform local infiltration and all of those but two - New York and South Carolina also allow for block anesthesia. This legislation will allow dental offices to function more efficiently, thereby benefiting the patient and allow- ing dentists and dental hygienists to provide greater access to care.   LEGISLATIVE HISTORY: A.1046, 2021 and 2022, referred to higher education. Same as S.6399, committed to rules in 2021 and passed Senate in 2022. A.462, 2019 and 2020, referred to higher education. A.7732, 2017 and 2018, referred to higher education. Same as S.7200, 2018, referred to higher education.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: The bill shall take effect immediately.
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A00284 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           284
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by M. of A. PAULIN, THIELE -- Multi-Sponsored by -- M. of A.
          COOK -- read once and referred to the Committee on Higher Education
 
        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:

     1    Section  1.  Section  6605-b of the education law, as added by chapter
     2  437 of the laws of 2001 and subdivision 1 as amended by chapter  198  of
     3  the laws of 2022, is amended to read as follows:
     4    § 6605-b.  Dental  hygiene  restricted  local  infiltration  and block
     5  anesthesia/nitrous oxide analgesia certificate.  1. A  dental  hygienist
     6  shall  not administer or monitor nitrous oxide analgesia or local infil-
     7  tration or block anesthesia in the practice of dental hygiene without  a
     8  dental    hygiene    restricted    local    infiltration    and    block
     9  anesthesia/nitrous oxide analgesia  certificate  and  except  under  the
    10  personal  supervision  of  a  dentist and in accordance with regulations
    11  promulgated by the commissioner. Personal supervision, for  purposes  of
    12  this  section,  means that the supervising dentist remains in the dental
    13  office where the local infiltration or block anesthesia or nitrous oxide
    14  analgesia  services  are  being  performed,  personally  authorizes  and
    15  prescribes  the use of local infiltration or block anesthesia or nitrous
    16  oxide analgesia for the patient and, before dismissal  of  the  patient,
    17  personally  examines the condition of the patient after the use of local
    18  infiltration  or  block  anesthesia  or  nitrous  oxide   analgesia   is
    19  completed.  It  is  professional  misconduct  for  a  dentist to fail to
    20  provide the supervision required by this section, and any dentist  found
    21  guilty  of  such  misconduct  under the procedures prescribed in section
    22  sixty-five hundred ten of this title shall be subject to  the  penalties
    23  prescribed in section sixty-five hundred eleven of this title.
    24    2.  The  commissioner shall promulgate regulations establishing stand-
    25  ards and procedures for the issuance of such certificate. Such standards
    26  shall require completion of an  educational  program  and/or  course  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02127-01-3

        A. 284                              2
 
     1  training  or  experience sufficient to ensure that a dental hygienist is
     2  specifically trained in the administration  and  monitoring  of  nitrous
     3  oxide analgesia and local infiltration or block anesthesia, the possible
     4  effects  of such use, and in the recognition of and response to possible
     5  emergency situations.
     6    3. The fee for a dental  hygiene  restricted  local  infiltration  and
     7  block  anesthesia/nitrous  oxide  analgesia certificate shall be twenty-
     8  five dollars and shall be paid on a triennial basis upon renewal of such
     9  certificate. A certificate may be  suspended  or  revoked  in  the  same
    10  manner as a license to practice dental hygiene.
    11    § 2. Subdivision 1 of section 6606 of the education law, as amended by
    12  chapter 239 of the laws of 2013, is amended to read as follows:
    13    1.  The practice of the profession of dental hygiene is defined as the
    14  performance of dental services which shall include  removing  calcareous
    15  deposits,  accretions  and stains from the exposed surfaces of the teeth
    16  which begin at the epithelial attachment  and  applying  topical  agents
    17  indicated for a complete dental prophylaxis, removing cement, placing or
    18  removing  rubber  dam,  removing sutures, placing matrix band, providing
    19  patient education, applying topical  medication,  placing  and  exposing
    20  diagnostic  dental X-ray films, performing topical fluoride applications
    21  and topical anesthetic applications,  polishing  teeth,  taking  medical
    22  history,  charting  caries,  taking impressions for study casts, placing
    23  and  removing  temporary  restorations,  administering  and   monitoring
    24  nitrous  oxide  analgesia  and administering and monitoring local infil-
    25  tration and block anesthesia, subject  to  certification  in  accordance
    26  with  section  sixty-six  hundred  five-b of this article, and any other
    27  function in the definition of the practice of dentistry as may be deleg-
    28  ated by a licensed dentist in accordance with regulations promulgated by
    29  the commissioner. The practice of dental hygiene may be conducted in the
    30  office of any licensed dentist or in any appropriately  equipped  school
    31  or public institution but must be done either under the supervision of a
    32  licensed  dentist or, in the case of a registered dental hygienist work-
    33  ing for a hospital as defined in  article  twenty-eight  of  the  public
    34  health  law, pursuant to a collaborative arrangement with a licensed and
    35  registered dentist who has a formal relationship with the same  hospital
    36  in  accordance with regulations promulgated by the department in consul-
    37  tation with the department of  health.  Such  collaborative  arrangement
    38  shall  not  obviate  or  supersede  any law or regulation which requires
    39  identified services to be performed under the personal supervision of  a
    40  dentist.  When dental hygiene services are provided pursuant to a colla-
    41  borative agreement, such dental hygienist shall instruct individuals  to
    42  visit a licensed dentist for comprehensive examination or treatment.
    43    § 3. This act shall take effect immediately.
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