THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

Higher Education and Professional Practice Committee

FROM:

Johanna Duncan-Poitier

 

 

 

SUBJECT:

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Scope of Practice for Certified Dental Assistants and Dental Hygienists and the Curriculum Requirements for Registration as a Program Leading to Licensure in Certified Dental Assisting

 

DATE:

February 27, 2007

 

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 

 

 

 

SUMMARY

 

Issue for Discussion

 

Should the Regents amend sections 52.26 and 61.9, repeal section 61.13 and add a new section 61.13 to the Regulations of the Commissioner of Education relating to the scope of practice for certified dental assistants and dental hygienists and the curriculum requirements for registration as a program leading to licensure in certified dental assisting?

 

Reason(s) for Consideration


            Required by State statute.

 

Proposed Handling

 

The proposed amendment is before the Higher Education and Professional Practice Committee for discussion in March 2007 and will be submitted for action at the May 2007 Regents meeting.

 

Procedural History

 

A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register on March 7, 2007.  Supporting materials are available upon request from the Secretary of the Board of Regents. 

 

Background Information

 

Chapter 300 of the Laws of 2006 amends Sections 6608 and 6608-b of the Education Law by expanding the scope of practice for certified dental assistants and dental hygienists and amending the curriculum requirements for registration as a program leading to licensure in certified dental assisting.  The purpose of the proposed amendment is to implement these requirements. 

 

Currently, certified dental assistants are only allowed to perform certain dental supportive services, as delineated in a list set forth in Section 6608 of the Education Law.  Chapter 300 of the Laws of 2006 expands this list by permitting licensed certified dental assistants to perform any other dental supportive services authorized by the supervising dentist, provided that such services do not include diagnosing and/or performing surgical procedures, irreversible procedures or procedures that would alter the hard or soft tissue of the oral and maxillofacial area or any other procedures determined by the Education Department.  The proposed amendment amends the current regulations to expand the scope of practice for dental assistants to conform to these requirements, and establishes a definition of unprofessional conduct relating to such practice.    

 

In order to conform with the new requirements set forth in 6608-b of the Education Law, as amended by chapter 300 of the Laws of 2006, the proposed amendment also amends the current curriculum requirements for programs leading to licensure in certified dental assisting.  Specifically, the amendment provides that an equivalent approved one year course of study by a non-degree granting institution for certified dental assistants shall not be provided by a professional association or organization, and specifies that an alternate course of dental assisting shall be provided by a degree-granting institution or a board of cooperative educational services. The proposed amendment also amends the definition of clinical content area for registration as a program leading to licensure in certified dental assisting to include course work in other clinical procedures, including placing and removing temporary restorations; placing, condensing, and carving amalgam restorations; and placing, condensing and finishing non-metallic restorations due to the expansion of the certified dental assistantís scope of practice.  

 

The proposed amendment also impacts the scope of practice of dental hygienists in New York State.  Section 6608 of the Education Law provides that all dental supportive services performed by certified dental assistants may also be performed by currently registered dental hygienists.  With the expansion of the scope of practice of dental assistants, this amendment also amends the scope of practice for dental hygienists to include any dental supportive services that a licensed dentist authorizes a certified dental assistant to perform, and establishes a definition of unprofessional conduct relating to such practice.   

           

Recommendation

 

Not applicable.

 

Timetable for Implementation

 

The effective date of the proposed amendment is June 14, 2007.

 

 

 


AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

            Pursuant to sections 207, 6506, 6507, 6606, 6608 and 6608-b of the Education Law.

            1.  Paragraph (3) of subdivision (a) of section 52.26 of the Regulations of the Commissioner of Education is amended, effective June 14, 2007, as follows:

            (3)  Clinical content area shall mean course work in clinical procedures which includes, but is not limited to, the following curricular areas:

(i) chairside dental assisting and dental laboratory procedures appropriate to the practice of certified dental assisting[;] which shall include, but not be limited to, specific course work in the following clinical procedures subject to the restrictions set forth in subdivision (c) of section 61.13 of this title:

(a)  placing and removing temporary restorations;

(b)  placing, condensing, and carving amalgam restorations; and

(c)  placing, condensing, and finishing non-metallic restorations.

            (ii) . . .

            (iii) . . .

            (iv) . . .

(v) . . .

            2.  Subparagraph (ii) of paragraph (1) of subdivision (b) of section 52.26 of the Regulations of the Commissioner of Education is amended, effective June 14, 2007, as follows:

            (ii)  an alternate course of study in certified dental assisting, which requires the student to complete equivalent study as that required in a program prescribed in subparagraph (i) of this paragraph and in an educational setting prescribed in section 6608-b(4)(B)(ii) of the Education Law,  such course of study to include:

            (a) . . .

            (b) . . .

            3.  Subdivision (c) of section 61.9 of the Regulations of the Commissioner of Education is amended, effective June 14, 2007, as follows:

            (c)  The following services may be performed only under the personal supervision of a licensed dentist:

            (1) . . .

            (2) . . .  

            (3) . . .

            (4) . . .  

            (5) . . .  

            [(6) placing and removing temporary restorations.  Temporary restorations shall include only nonmetallic substances generally used for temporary intracoronal filling materials.  Placing and removing temporary restorations shall not include cutting or excising hard or soft tissue or the use of mechanical instrumentation;]

            [(7)] (6) . . .

            [(8)] (7) . . .  

            [(9)] (8) . . .  

            [(10)] (9) . . .  

            [(11)] (10) . . .  

            [(12)] (11) . . .  

            [(13)] (12) . . .  

            4.  Subdivision (d) of section 61.9 of the Regulations of the Commissioner of Education is added, effective June 14, 2007, as follows:

            (d)  The dental supportive services that a licensed dentist authorizes a certified dental assistant to perform under paragraph (18) of subdivision (b) of section 61.13 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.

            5.  Subdivision (e) of section 61.9 of the Regulations of the Commissioner of Education is added, effective June 14, 2007, as follows:

            (e) In accordance with section 29.1(b)(9) and (10) of this Title, a licensed dental hygienist 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. 

            6.  Section 61.13 of the Regulations of the Commissioner of Education is repealed and a new section 61.13 is added, effective June 14, 2007, as follows:     

61.13 Practice of certified dental assisting.

(a) The practice of certified dental assisting shall be that practice defined in section 6608 of the Education Law.   In accordance with section 6608 of the Education Law, the practice of certified dental assisting must be supportive services to a licensed dentist in the dentist's performance of dental services and must be performed under the direct personal supervision of a licensed dentist.    For purposes of this section, under the direct personal supervision of a licensed dentist shall mean supervision of dental procedures based on instructions given by a licensed dentist in the course of a procedure who remains in the dental office where the supportive services are being performed, personally diagnoses the condition to be treated, personally authorizes the procedures, and before dismissal of the patient, who remains the responsibility of the licensed dentist, evaluates the services performed by the dental assistant.  Such practice shall include the dental supportive service prescribed in subdivision (b) of this section and shall exclude the dental supportive services prescribed in subdivision (c) of this section.

(b) The practice of certified dental assisting shall include the following supportive services to a licensed dentist while under the direct personal supervision of the licensed dentist:

(1) providing patient education;

(2) taking preliminary medical histories and vital signs to be reviewed by the dentist;

(3) placing and removing rubber dams;

(4) selecting and prefitting provisional crowns;

(5) selecting and prefitting orthodontic bands;

(6) removing orthodondic arch wires and ligature ties;

(7) placing and removing matrix bands;

(8) taking impressions for study casts or diagnostic casts;

(9) removing periodontal dressings;

(10) removal of sutures placed by a licensed dentist;

(11) taking impressions for space maintainers, orthodontic appliances, and occlusal guards;

(12) removing temporary cement;

(13) applying topical anticariogenic agents to the teeth;

(14) applying desensitizing agents to the teeth;

(15) placing and removing temporary separating devices;

(16) placing orthodontic ligatures;

(17) taking x-rays in accordance with the requirements of section 3515(4)(c) of the Public Health Law; and

(18) other dental supportive services authorized by the licensed dentist while the certified dental assistant is under the direct personal supervision of the licensed dentist, provided that such other dental supportive services are not excluded in subdivision (c) of this section.

 (c) Excluded dental supportive services.  The practice of certified dental assisting shall not include the following dental supportive services:

(1) diagnosing;

(2) performing surgical procedures;

(3) performing irreversible procedures;

(4) performing procedures that would alter the hard or soft tissue of the oral and maxillofacial area;

(5) dental supportive services prescribed in section 61.9 of this Part which are services that a dental hygienist may perform, unless such services are expressly permitted as dental supportive services in paragraphs (1) through (17) of subdivision (b) of this section; and

(6) such dental supportive services that a certified dental assistant would not reasonably be qualified to perform based upon meeting the requirements for certification as a certified dental assistant in section 6608-b of the Education Law, and/or obtaining additional legally authorized experience in the practice of certified dental assisting.

(d) In accordance with section 29.1(b)(9) and (10) of this Title, a certified dental assistant is not permitted to provide dental supportive services that the certified dental assistant 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 certified dental assistant dental supportive services the licensed dentist knows or has reason to know that the certified dental assistant is not qualified by training, experience or by licensure to perform.