N.Y. Comp. Codes R. & Regs. Tit. 8 § 61.9 - Practice of dental hygiene
The practice of dental hygiene, in accordance with section 6606 of the Education Law, shall be performed either under the supervision of a licensed dentist or pursuant to a collaborative arrangement as defined in subdivision (f) of this section.
(a) The degrees of supervision by the dentist
as defined are follows:
(1) General
supervision shall mean that a supervising dentist is available for
consultation, diagnosis and evaluation, has authorized the dental hygienist to
perform the services, and exercises that degree of supervision appropriate to
the circumstances.
(2) Personal
supervision shall mean that the dentist in the dental office or facility,
personally diagnoses the condition to be treated, personally authorizes the
procedure and, before dismissal of the patient, personally examines the
condition after treatment is completed.
(b) The following services may be performed
under the general supervision of a licensed dentist:
(1) removing calcareous deposits, accretions
and stains, including scaling and planing of exposed root surfaces indicated
for a complete prophylaxis;
(2)
applying topical agents indicated for a complete dental prophylaxis;
(3) removing excess cement from surfaces of
the teeth;
(4) providing patient
education and counseling relating to the improvement of oral health;
(5) taking and exposing dental
radiographs;
(6) performing topical
anticariogenic agent applications, including but not limited to topical
fluoride applications, and performing topical anesthetic
applications;
(7) polishing teeth,
including existing restorations;
(8) taking and assessing medical history
including the measuring and recording of vital signs as an aid to diagnosis by
the dentist and to assist the dental hygienist in providing dental hygiene
services;
(9) performing dental
and/or periodontal assessments as an aid to diagnosis by the dentist and to
assist the dental hygienist in providing dental hygiene services;
(10) applying pit and fissure
sealants;
(11) applying
desensitizing agents to the teeth;
(12) placing and removing temporary
restorations;
(13) making
assessments of the oral and maxillofacial area as an aid to diagnosis by the
dentist;
(14) taking impressions
for study casts. Study casts shall mean only such casts as will be used for
purposes of diagnosis and treatment planning by the dentist and for the
purposes of patient education; and
(15) providing dental health care case
management and care coordination services, which shall include, but not be
limited to:
(i) community outreach;
(ii) improving oral health
outcomes;
(iii) improving access to
dental care by assisting people in establishing an ongoing relationship with a
dentist, in order to promote the comprehensive, continuous and coordinated
delivery of all aspects of oral health care; and
(iv) assisting people to obtain dental health
care.
(c) The
following services may be performed only under the personal supervision of a
licensed dentist:
(1) placing or removing
rubber dam;
(2) removing
sutures;
(3) placing or removing
matrix bands;
(4) applying a
topical medication not related to a complete dental prophylaxis;
(5) placing and removing periodontal
dressings;
(6) selecting and
prefitting provisional crowns;
(7)
selecting and prefitting orthodontic bands;
(8) removing orthodontic arch wires and
ligature ties;
(9) taking
impressions for space maintainers, orthodontic appliances, and occlusal
guards;
(10) placing and removing
temporary separating devices; and
(11) placing orthodontic ligatures.
(d) The dental supportive services
that a licensed dentist authorizes a registered dental assistant to perform
under section
61.13(b)(18)
of this Part, designated in such paragraph as other dental supportive services,
may be performed by a licensed dental hygienist under the personal supervision
of a licensed dentist who has delegated such function to the licensed dental
hygienist, unless general supervision for such service is otherwise expressly
prescribed in this section.
(e) In
accordance with section
29.1(b)(9) and
(10) of this Title, a licensed dental
hygienist performing services under the supervision of a licensed dentist or
pursuant to a collaborative arrangement as defined in subdivision (f) of this
section is not permitted to provide dental services or dental supportive
services that the licensed dental hygienist knows or has reason to know that he
or she is not competent to perform, and a licensed dentist is not permitted to
delegate to a licensed dental hygienist dental services or dental supportive
services that the licensed dentist knows or has reason to know that the
licensed dental hygienist is not qualified by training, experience or by
licensure to perform.
(f)
Collaborative arrangement.
(1) Definitions.
As used in this subdivision:
(i)
Collaborative arrangement shall mean an agreement between a registered dental
hygienist working for a hospital and a licensed and registered dentist who has
a formal relationship with the same hospital.
(ii) Hospital shall mean a hospital as
defined by Public Health Law section
2801(1).
(2) Requirements. A registered dental
hygienist providing services pursuant to a collaborative arrangement shall:
(i) only provide those services that may be
provided under general supervision as specified in subdivision (b) of this
section, provided that the physical presence of the collaborating dentist is
not required for the provision of such services;
(ii) instruct individuals to visit a licensed
dentist for comprehensive examination or treatment;
(iii) possess and maintain certification in
cardiopulmonary resuscitation in accordance with the requirements for dentists
set forth in section
61.19
of this Part and the following:
(a) At the
time of his or her registration renewal, the dental hygienist shall attest to
having met the cardiopulmonary resuscitation requirement or attest to meeting
the requirements for exemption as defined in clause (b) of this
subparagraph.
(b) A dental
hygienist may be granted an exemption to the cardiopulmonary resuscitation
requirement if he or she is physically incapable of complying with the
requirements of this subparagraph. Documentation of such incapacity shall
include a written statement by a licensed physician describing the dental
hygienist's physical incapacity. The dental hygienist shall also submit an
application to the department for exemption which verifies that another
individual will maintain certification and be present at the location where the
dental hygienist provides dental hygiene services, pursuant to a collaborative
arrangement, while the dental hygienist is treating patients.
(c) Each dental hygienist shall maintain for
review by the department records of compliance with the cardiopulmonary
resuscitation certification requirement, including the dental hygienist's
cardiopulmonary resuscitation certification card; and
(iv) provide collaborative services only
pursuant to a written agreement that is maintained in the practice setting of
the dental hygienist and collaborating dentist. Such written agreement shall
include:
(a) provisions for:
(1) referral and consultation;
(2) coverage for emergency absences of either
the dental hygienist or collaborating dentist;
(3) resolution of disagreements between the
dental hygienist and collaborating dentist regarding matters of treatment,
provided that, to the extent a disagreement cannot be resolved, the
collaborating dentist's treatment shall prevail;
(4) the periodic review of patient records by
the collaborating dentist; and
(5)
such other provisions as may be determined by the dental hygienist and
collaborating dentist to be appropriate; and
(b) protocols, which may be updated
periodically, identifying the services to be performed by the dental hygienist
in collaboration with the dentist and reflecting accepted standards of dental
hygiene. Protocols shall include provisions for:
(1) case management and care coordination,
including treatment;
(2)
appropriate recordkeeping by the dental hygienist; and
(3) such other provisions as may be
determined by the dental hygienist and collaborating dentist to be
appropriate.
(3) Collaborative arrangements shall not
supersede any law or regulation which requires identified services to be
performed under the personal supervision of a dentist.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.