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AN ACT relating to public health hygienists. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 313.040 is amended to read as follows: 3
(1) The board shall promulgate administrative regulations in accordance with KRS 4
Chapter 13A relating to dental hygienists. The administrative regulations may 5
include at a minimum the classification of and licensure of dental hygienists, by 6
examination or credentials, general supervision privileges, anesthesia registration, 7
retirement of a license, reinstatement of a license, and charity licenses. 8
(2) Renewal programs shall be organized to include continuing education approved by 9
the board. 10
(3) A licensed dental hygienist shall practice under the supervision, order, control, and 11
full responsibility of a dentist licensed under this chapter and may practice: 12
(a) In a dental office, public or private school, health care facility, or government 13
institution with a dentist on staff; 14
(b) Without the physical presence of a supervising dentist as provided in 15
administrative regulations promulgated pursuant to subsections (6), (7), and 16
(8) of this section; or 17
(c) Without a supervising dentist if providing screening services in accordance 18
with subsection (9) of this section. 19
(4) It shall be unlawful for a person or corporation to practice dental hygiene in a 20
manner that is separate or independent from the dental practice of a supervising 21
dentist or to establish or maintain an office or practice that is primarily devoted to 22
the provision of dental hygiene services. 23
(5) A dental hygienist may be employed by the supervising dentist or under contract 24
with a dentist licensed under this chapter who is one (1) of the following: 25
(a) The employer of the supervising dentist; 26
(b) A shareholder in a professional association formed under KRS 274.015 of 27 UNOFFICIAL COPY 25 RS HB 449/GA
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which the supervising dentist is a shareholder; 1
(c) A member or manager of a limited liability company formed under KRS 2
275.005 of which the supervising dentist is a member or manager; 3
(d) A shareholder in a corporation formed under KRS Chapter 271B of which the 4
supervising dentist is a shareholder; 5
(e) A partner or employee of a partnership of which the supervising dentist is a 6
partner or employee; or 7
(f) A government entity that employs the dental hygienist to provide dental 8
hygiene services in a public school in connection with other programs the 9
government entity administers. 10
(6) A dental hygienist may provide the following procedures in a volunteer community 11
health setting without the supervision of a dentist: 12
(a) Dental health education; 13
(b) Nutritional counseling; 14
(c) Preparing a generalized oral screening with subsequent referral to a dentist; 15
(d) Applying fluoride on patients; 16
(e) Demonstration of oral hygiene technique; and 17
(f) Sealants. 18
(7) (a) A dental hygienist may provide, for not more than fifteen (15) consecutive 19
full business days, dental hygiene services to a patient when the supervising 20
dentist is not physically present at the location at which the services are 21
provided if all the following requirements are met: 22
1. The dental hygienist has at least two (2) years with a minimum of three 23
thousand (3,000) hours of experience in the practice of dental hygiene; 24
2. The dental hygienist has successfully completed a course approved by 25
the board in the identification and prevention of potential medical 26
emergencies with reregistration in this course every two (2) years; 27 UNOFFICIAL COPY 25 RS HB 449/GA
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3. The dental hygienist complies with written protocols for emergencies 1
the supervising dentist establishes; 2
4. The dental hygienist does not examine or provide dental health services 3
to a patient who has not been examined by the supervising dentist within 4
the previous seven (7) months. The supervising dentist shall have 5
completed and evaluated a medical and dental history of the patient and 6
shall have placed a written order for treatment in the patient's file. The 7
board shall promulgate administrative regulations in accordance with 8
KRS Chapter 13A to determine guidelines for the written order; and 9
5. A patient is notified in advance of an appointment for dental hygiene 10
services when the supervising dentist will be absent from the location. 11
The patient shall be required to sign an informed consent form, prior to 12
treatment by the hygienist, acknowledging the dentist's absence. 13
(b) The board shall promulgate administrative regulations to determine 14
procedures the dental hygienist shall not be allowed to perform while the 15
supervising dentist is absent from the work site. 16
(8) A dental hygienist licensed by the board may practice as a public health hygienist 17
and may provide dental hygiene services if: 18
(a) The services are provided as part of a dental health program; 19
(b) The program for which the hygienist works is operated through: 20
1. The Department for Public Health; 21
2. An in-state college or university with a Commission on Dental 22
Accreditation accredited dental school, college of dentistry, or dental 23
hygienist program; or 24
3. A governing board of health; and 25
(c) The hygienist performs only accepted standardized protocols which are 26
contained within the scope of practice of dental hygiene and which are 27 UNOFFICIAL COPY 25 RS HB 449/GA
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reviewed and approved by the Board of Dentistry and either the Department 1
for Public Health or the dentist member of the governing board of health, as 2
set out in administrative regulation. 3
(9) A dental hygienist may provide screening services in any setting without the 4
supervision of a dentist if: 5
(a) The screening is conducted to fulfill the requirements of KRS 156.160(1)(j); 6
and 7
(b) Patients are informed that the service being provided is a screening and that 8
only a dentist is licensed to make a definitive diagnosis of the need for dental 9
care. 10