House File 340 - Introduced HOUSE FILE 340 BY BRADLEY A BILL FOR An Act relating to the practice of dental assistants without 1 registration by the dental board. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1155YH (5) 91 ss/ko
H.F. 340 Section 1. Section 147.74, subsection 5, Code 2025, is 1 amended to read as follows: 2 5. A dentist may use the prefix Dr. or Doctor, but shall 3 add after the persons name the letters D. D. S., or D. M. D., 4 or the word dentist or dental surgeon. A dental hygienist 5 may use the words registered dental hygienist or the letters 6 R. D. H. after the persons name. A registered dental 7 assistant may use the words registered dental assistant or 8 the letters R. D. A. after the persons name. 9 Sec. 2. Section 153.14, subsection 5, Code 2025, is amended 10 to read as follows: 11 5. Persons registered to practice practicing as a dental 12 assistant. 13 Sec. 3. Section 153.33, subsection 1, paragraphs a and b, 14 Code 2025, are amended to read as follows: 15 a. (1) To initiate investigations of and conduct hearings 16 on all matters or complaints relating to the practice of 17 dentistry, dental hygiene, or dental assisting or pertaining to 18 the enforcement of any provision of this chapter , to provide 19 for mediation of disputes between licensees and their patients 20 or registrants dental assistants and their patients when 21 specifically recommended by the board, to revoke or suspend 22 licenses or registrations, or the renewal thereof, issued 23 under this or any prior chapter, to provide for restitution 24 to patients, and to otherwise discipline licensees and 25 registrants . 26 (2) Subsequent to an investigation by the board, the board 27 may appoint a disinterested third party to mediate disputes 28 between licensees and their patients or registrants dental 29 assistants and patients. Referral of a matter to mediation 30 shall not preclude the board from taking disciplinary action 31 against the affected licensee or registrant dental assistant . 32 b. To appoint investigators, who shall not be members 33 of the board, to administer and aid in the enforcement of 34 the provisions of law relating to those persons licensed to 35 -1- LSB 1155YH (5) 91 ss/ko 1/ 4
H.F. 340 practice dentistry and dental hygiene, and persons registered 1 practicing as dental assistants. The amount of compensation 2 for the investigators shall be determined pursuant to chapter 3 8A, subchapter IV . Investigators authorized by the board have 4 the powers and status of peace officers when enforcing this 5 chapter and chapters 147 and 272C . 6 Sec. 4. Section 153.33, subsection 3, unnumbered paragraph 7 1, Code 2025, is amended to read as follows: 8 In any investigation made or hearing conducted by the 9 board on its own motion, or upon written complaint filed with 10 the board by any person, pertaining to any alleged violation 11 of this chapter or the accusation against any licensee or 12 registrant dental assistant , the following procedure and rules 13 so far as material to such investigation or hearing shall 14 obtain: 15 Sec. 5. Section 153.33, subsection 3, paragraph a, Code 16 2025, is amended to read as follows: 17 a. The accusation of such person against any licensee 18 or registrant dental assistant shall be reduced to writing, 19 verified by some person familiar with the facts therein stated, 20 and three copies thereof filed with the board. 21 Sec. 6. Section 153.33, subsection 5, paragraphs a, c, and 22 d, Code 2025, are amended to read as follows: 23 a. The board may impose an administrative penalty of up 24 to five hundred dollars on a licensee, registrant dental 25 assistant , or trainee of the board who does any of the 26 following: 27 (1) Engages in a practice regulated by this chapter without 28 a current license, registration, permit, or qualification. 29 (2) Employs a person without a current license, 30 registration, permit, or qualification to engage in a practice 31 regulated by this chapter . 32 (3) Fails to complete the continuing education required for 33 renewal of a license or registration. 34 c. A licensee, registrant dental assistant , or trainee may 35 -2- LSB 1155YH (5) 91 ss/ko 2/ 4
H.F. 340 contest a penalty issued pursuant to paragraph a by initiating 1 a contested case proceeding pursuant to chapter 17A . 2 d. This subsection shall not prohibit the board from 3 imposing discipline on a licensee, registrant dental assistant , 4 or trainee for willful or repeated violations. 5 Sec. 7. Section 153.34, unnumbered paragraph 1, Code 2025, 6 is amended to read as follows: 7 The board may issue an order to discipline a licensed dentist 8 or dental hygienist, or registered a dental assistant, for 9 any of the grounds set forth in this chapter , chapter 272C , 10 or Title IV . Notwithstanding section 272C.3 , licensee or 11 registrant dental assistant discipline may include a civil 12 penalty not to exceed ten thousand dollars. Pursuant to this 13 section , the board may discipline a licensee or registrant 14 dental assistant for any of the following reasons: 15 Sec. 8. Section 153.38, Code 2025, is amended to read as 16 follows: 17 153.38 Dental assistants scope of practice. 18 A registered dental assistant may perform those services 19 of assistance to a licensed dentist as determined by the 20 board by rule. A registered dental assistant with additional 21 education and training, as provided by the board by rule, 22 may become certified to perform expanded functions or become 23 qualified to participate in dental radiography. A registered 24 dental assistant who has successfully completed expanded 25 function training through the university of Iowa college of 26 dentistry or a program certified by the commission on dental 27 accreditation may place dental sealants on teeth. Services 28 performed by a registered dental assistant shall be performed 29 under supervision of a licensed dentist, but this section shall 30 not be construed to authorize a dental assistant to practice 31 dentistry or dental hygiene. The board shall not adopt rules 32 that delegate to a dental assistant the administration of 33 local anesthesia or the removal of plaque, stain, calculus, or 34 hard natural material except by toothbrush, floss, or rubber 35 -3- LSB 1155YH (5) 91 ss/ko 3/ 4
H.F. 340 cup coronal polish. Every licensed dentist who utilizes the 1 services of a registered dental assistant for the purpose of 2 assistance in the practice of dentistry shall be responsible 3 for acts delegated to the registered dental assistant. A 4 dentist shall delegate to a registered dental assistant only 5 those acts which are authorized to be delegated to registered 6 dental assistants by the board. 7 Sec. 9. Section 153.39, subsection 1, Code 2025, is amended 8 to read as follows: 9 1. A person shall not practice on or after July 1, 2001, as 10 a registered dental assistant unless the person has registered 11 with the board and received a certificate of registration 12 pursuant to this chapter . 13 Sec. 10. Section 153.39, subsection 5, Code 2025, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 5. A person may practice as a dental assistant without 17 receiving a certificate of registration as described in 18 this section if the person successfully completes a term 19 of practical training under the supervision of a dentist. 20 The board shall adopt rules pursuant to chapter 17A for the 21 implementation of this subsection. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill allows a person to practice as a dental assistant 26 without being registered by the dental board if the person 27 completes a term of practical training under the supervision 28 of a dentist. The bill requires the dental board to adopt 29 rules for the implementation of the bill and makes conforming 30 changes. 31 -4- LSB 1155YH (5) 91 ss/ko 4/ 4