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Meeting of the Board of Regents | April 2003

Tuesday, April 8, 2003 - 11:00pm

 

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

TO:

The Honorable the Members of the Board of Regents

FROM:

Johanna Duncan-Poitier

COMMITTEE:

Higher and Professional Education

TITLE OF ITEM:

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Mandatory Continuing Education For Licensed Pharmacists

DATE OF SUBMISSION:

April 8, 2003

PROPOSED HANDLING:

Discussion

RATIONALE FOR ITEM:

To Implement Policy

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

SUMMARY:

Attached for discussion is a proposed amendment to sections 61.9 and 61.13 of the Regulations of the Commissioner of Education, relating to the practice of the profession of certified dental assisting and the profession of dental hygiene. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

The purpose of the proposed amendment is to establish additional dental supportive services that certified dental assistants may perform while under the direct personal supervision of a licensed dentist, and additional services that licensed dental hygienists may perform in the practice of dental hygiene while under the supervision of a licensed dentist as prescribed. The State Board for Dentistry recommended that certified dental assistants be permitted to perform the additional supportive services, while under the direct personal supervision of a licensed dentist. In accordance with section 6608 of Education Law, all dental supportive services within the scope of practice of certified dental assisting may also be performed by registered dental hygienists while under a dentist�s supervision as defined in Regulations of the Commissioner of Education. Therefore, the amendment is also needed to include the additional services in the scope of practice of dental hygiene and to establish the appropriate level of supervision by a licensed dentist when a licensed dental hygienist performs the services.

A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register no later than April 23, 2003. It is recommended that formal action on the proposed amendment be taken at the June meeting of the Board of Regents.

 

Attachment

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

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

1. Section 61.9 of the Regulations of the Commissioner of Education is amended, effective July 10, 2003, as follows:

61.9 Practice of dental hygiene.

The practice of dental hygiene, in accordance with section 6606 of the Education Law, shall be performed under the supervision of a licensed dentist.

(a) . . .

(b) The following services may be performed under the general supervision of a licensed dentist:

(1) . . .

(2) . . .

(3) . . .

(4) . . .

(5) . . .

(6) performing topical anticariogenic agent applications, including but not limited to topical fluoride applications, and performing topical anesthetic applications;

(7) . . .

(8) . . .

(9) charting caries and periodontal conditions as an aid to diagnosis by the dentist; [and]

(10) applying pit and fissure sealants[.]; and

(11) applying desensitizing agents to the teeth.

(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; [and]

(7) placing and removing periodontal dressings[.];

(8) selecting and prefitting provisional crowns;

(9) selecting and prefitting orthodontic bands;

(10) removing orthodontic arch wires and ligature ties;

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

(12) placing and removing temporary separating devices; and

(13) placing orthodontic ligatures.

2. Section 61.13 of the Regulations of the Commissioner of Education is amended, effective July 10, 2003, as follows:

Section 61.13 Practice of certified dental assisting. The practice of certified dental assisting shall be that practice defined in section 6608 of the Education Law, and, in addition[, the]: removal of sutures placed by a licensed dentist; taking impressions for space maintainers, orthodontic appliances, and occlusal guards; removing temporary cement (not including temporary fillings); applying topical anticariogenic agents to the teeth; applying desensitizing agents to the teeth; placing and removing temporary separating devices; and placing orthodontic ligatures. In accordance with section 6608 of the Education Law, such services must be supportive services to a licensed dentist provided by the dental assistant while assisting a licensed dentist in the course of the dentist's performance of a particular dental service and must be performed under the direct personal supervision of a licensed dentist. Under the direct personal supervision of a licensed dentist, for purposes of this section, means 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, evaluates the services performed by the dental assistant.