STATE OF NEW YORK ________________________________________________________________________ 284--A 2023-2024 Regular Sessions IN ASSEMBLY January 4, 2023 ___________ Introduced by M. of A. PAULIN, THIELE -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to local block anesthesia The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6605-b of the education law, as added by chapter 2 437 of the laws of 2001 and subdivision 1 as amended by chapter 198 of 3 the laws of 2022, is amended to read as follows: 4 § 6605-b. Dental hygiene restricted local infiltration 5 anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist, 6 except as otherwise provided in subdivision two of this section, shall 7 not administer or monitor nitrous oxide analgesia or local infiltration 8 anesthesia in the practice of dental hygiene without a dental hygiene 9 restricted local infiltration anesthesia/nitrous oxide analgesia certif- 10 icate and except under the personal supervision of a dentist and in 11 accordance with regulations promulgated by the commissioner. Personal 12 supervision, for purposes of this section, means that the supervising 13 dentist remains in the dental office where the local infiltration anes- 14 thesia or nitrous oxide analgesia services are being performed, 15 personally authorizes and prescribes the use of local infiltration anes- 16 thesia or nitrous oxide analgesia for the patient and, before dismissal 17 of the patient, personally examines the condition of the patient after 18 the use of local infiltration anesthesia or nitrous oxide analgesia is 19 completed. It is professional misconduct for a dentist to fail to 20 provide the supervision required by this section, and any dentist found 21 guilty of such misconduct under the procedures prescribed in section 22 sixty-five hundred ten of this title shall be subject to the penalties 23 prescribed in section sixty-five hundred eleven of this title. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02127-02-4
A. 284--A 2 1 2. Dental hygiene restricted local infiltration and block 2 anesthesia/nitrous oxide analgesia certificate. A dental hygienist, 3 except as otherwise provided in subdivision one of this section, shall 4 not administer or monitor nitrous oxide analgesia or local infiltration 5 or block anesthesia in the practice of dental hygiene without a dental 6 hygiene restricted local infiltration and block anesthesia/nitrous oxide 7 analgesia certificate and except under the personal supervision of a 8 dentist authorized by law and in accordance with regulations promulgated 9 by the commissioner. Personal supervision, for purposes of this section, 10 means that the supervising dentist remains in the dental office where 11 the local infiltration or block anesthesia or nitrous oxide analgesia 12 services are being performed, personally authorizes and prescribes the 13 use of local infiltration or block anesthesia or nitrous oxide analgesia 14 for the patient and, before dismissal of the patient, personally exam- 15 ines the condition of the patient after the use of local infiltration or 16 block anesthesia or nitrous oxide analgesia is completed. It is profes- 17 sional misconduct for a dentist to fail to provide the supervision 18 required by this section, and any dentist found guilty of such miscon- 19 duct under the procedures prescribed in section sixty-five hundred ten 20 of this title shall be subject to the penalties prescribed in section 21 sixty-five hundred eleven of this title. 22 3. The commissioner shall promulgate regulations establishing stand- 23 ards and procedures for the issuance of such [certificate] certificates. 24 Such standards shall require completion of an educational program and/or 25 course of training or experience appropriate to each certificate and 26 sufficient to ensure that a dental hygienist is specifically trained in 27 the administration and monitoring of nitrous oxide analgesia and local 28 infiltration anesthesia or is specifically trained in the administration 29 and monitoring of nitrous oxide analgesia, local infiltration anes- 30 thesia, and block anesthesia, the possible effects of such use, and in 31 the recognition of and response to possible emergency situations. 32 [3.] 4. The fee for a dental hygiene restricted local infiltration and 33 block anesthesia/nitrous oxide analgesia certificate shall be twenty- 34 five dollars and the fee for a dental hygiene restricted local infil- 35 tration anesthesia/nitrous oxide analgesia and block anesthesia certif- 36 icate shall be twenty-five dollars and shall be paid on a triennial 37 basis upon renewal of such certificate. A certificate may be suspended 38 or revoked in the same manner as a license to practice dental hygiene. 39 § 2. Subdivision 1 of section 6606 of the education law, as amended by 40 chapter 239 of the laws of 2013, is amended to read as follows: 41 1. The practice of the profession of dental hygiene is defined as the 42 performance of dental services which shall include removing calcareous 43 deposits, accretions and stains from the exposed surfaces of the teeth 44 which begin at the epithelial attachment and applying topical agents 45 indicated for a complete dental prophylaxis, removing cement, placing or 46 removing rubber dam, removing sutures, placing matrix band, providing 47 patient education, applying topical medication, placing and exposing 48 diagnostic dental X-ray films, performing topical fluoride applications 49 and topical anesthetic applications, polishing teeth, taking medical 50 history, charting caries, taking impressions for study casts, placing 51 and removing temporary restorations, administering and monitoring 52 nitrous oxide analgesia and administering and monitoring local infil- 53 tration and block anesthesia, subject to certification in accordance 54 with section sixty-six hundred five-b of this article, and any other 55 function in the definition of the practice of dentistry as may be deleg- 56 ated by a licensed dentist in accordance with regulations promulgated by
A. 284--A 3 1 the commissioner. The practice of dental hygiene may be conducted in the 2 office of any licensed dentist or in any appropriately equipped school 3 or public institution but must be done either under the supervision of a 4 licensed dentist or, in the case of a registered dental hygienist work- 5 ing for a hospital as defined in article twenty-eight of the public 6 health law, pursuant to a collaborative arrangement with a licensed and 7 registered dentist who has a formal relationship with the same hospital 8 in accordance with regulations promulgated by the department in consul- 9 tation with the department of health. Such collaborative arrangement 10 shall not obviate or supersede any law or regulation which requires 11 identified services to be performed under the personal supervision of a 12 dentist. When dental hygiene services are provided pursuant to a colla- 13 borative agreement, such dental hygienist shall instruct individuals to 14 visit a licensed dentist for comprehensive examination or treatment. 15 § 3. This act shall take effect one year after it shall have become a 16 law.