§ 6606 — Definition of practice of dental hygiene

* § 6606. Definition of practice of dental hygiene. 1. The practice\nof the profession of dental hygiene is defined as the performance of\ndental services which shall include removing calcareous deposits,\naccretions and stains from the exposed surfaces of the teeth which begin\nat the epithelial attachment and applying topical agents indicated for a\ncomplete dental prophylaxis, removing cement, placing or removing rubber\ndam, removing sutures, placing matrix band, providing patient education,\napplying topical medication, placing and exposing diagnostic dental\nX-ray films, performing topical fluoride applications and topical\nanesthetic applications, polishing teeth, taking medical history,\ncharting caries, taking impressions for study casts, placing and\nremoving temporary restorations, administering and monitoring nitrous\noxide analgesia and administering and monitoring local infiltration\nanesthesia, subject to certification in accordance with section\nsixty-six hundred five-b of this article, and any other function in the\ndefinition of the practice of dentistry as may be delegated by a\nlicensed dentist in accordance with regulations promulgated by the\ncommissioner. The practice of dental hygiene may be conducted in the\noffice of any licensed dentist or in any appropriately equipped school\nor public institution but must be done either under the supervision of a\nlicensed dentist or, in the case of a registered dental hygienist\nworking for a hospital as defined in article twenty-eight of the public\nhealth law, pursuant to a collaborative arrangement with a licensed and\nregistered dentist who has a formal relationship with the same hospital\nin accordance with regulations promulgated by the department in\nconsultation with the department of health. Such collaborative\narrangement shall not obviate or supersede any law or regulation which\nrequires identified services to be performed under the personal\nsupervision of a dentist. When dental hygiene services are provided\npursuant to a collaborative agreement, such dental hygienist shall\ninstruct individuals to visit a licensed dentist for comprehensive\nexamination or treatment.\n 2. The commissioner shall promulgate regulations defining the\nfunctions a dental hygienist may perform that are consistent with the\ntraining and qualifications for a license as a dental hygienist.\n * NB Effective until June 19, 2027\n * § 6606. Definition of practice of dental hygiene. 1. The practice of\nthe profession of dental hygiene is defined as the performance of dental\nservices which shall include removing calcareous deposits, accretions\nand stains from the exposed surfaces of the teeth which begin at the\nepithelial attachment and applying topical agents indicated for a\ncomplete dental prophylaxis, removing cement, placing or removing rubber\ndam, removing sutures, placing matrix band, providing patient education,\napplying topical medication, placing and exposing diagnostic dental\nX-ray films, performing topical fluoride applications and topical\nanesthetic applications, polishing teeth, taking medical history,\ncharting caries, taking impressions for study casts, placing and\nremoving temporary restorations, administering and monitoring nitrous\noxide analgesia and administering and monitoring local infiltration\nanesthesia, subject to certification in accordance with section\nsixty-six hundred five-b of this article, and any other function in the\ndefinition of the practice of dentistry as may be delegated by a\nlicensed dentist in accordance with regulations promulgated by the\ncommissioner. The practice of dental hygiene may be conducted in the\noffice of any licensed dentist or in any appropriately equipped school\nor public institution but shall be done either under the supervision of\na licensed dentist or may be performed by a registered dental hygienist\ndesignated as a registered dental hygienist, collaborative practice in\ncollaboration with a licensed dentist provided such services are\nperformed in accordance with a written practice agreement and written\npractice protocols to be known as a collaborative practice agreement.\nUnder a collaborative practice agreement, dental hygienists may perform\nall services which are designated in regulation under general\nsupervision without prior evaluation of a dentist or medical\nprofessional and may be performed without supervision in an authorized\nsetting as defined in subdivision four of this section. Such\ncollaborative agreements shall not obviate or supersede any law or\nregulation which requires identified services to be performed under the\npersonal supervision of a dentist.\n 2. The collaborative practice agreement shall:\n (a) be signed and maintained by the dentist, the dental hygienist and\nauthorized setting;\n (b) be reviewed annually by the dentist and dental hygienist;\n (c) include consideration for medically compromised patients, specific\nmedical conditions, and age- and procedure-specific practice protocols,\nincluding, but not limited to recommended intervals for the performance\nof dental hygiene services and a periodicity in which an examination by\na dentist should occur; and\n (d) be made available to the department and other interested parties\nupon request.\n 3. Before performing services pursuant to a collaborative practice\nagreement, a dental hygienist, collaborative practice shall provide the\npatient with a written statement advising the patient that the dental\nhygiene services provided are not a substitute for a dental examination\nby a licensed dentist. If the dental hygienist makes any referrals to\nthe patient for further procedures, the dental hygienist shall fill out\na referral form and provide a copy of the form to the collaborating\ndentist.\n 4. The performance of services pursuant to a collaborative agreement\nis authorized in the following settings: a hospital as defined in\narticle twenty-eight of the public health law, an appropriately equipped\nschool, a federally qualified health center, a long-term care facility,\na group home servicing people with intellectual and developmental\ndisabilities, a facility serving veterans, a temporary housing facility,\na prison, a drug treatment facility, a domestic violence shelter, and\nappropriate settings in which homebound residents are unable to be\nrelocated for necessary treatment.\n 5. A registered dental hygienist, collaborative practice shall have no\nmore than one collaborative agreement with a dentist at one time.\n 6. A dentist shall not have a collaborative agreement with more than\nsix registered dental hygienists, collaborative practice at one time.\nThe department may grant an exception to such limitation for public\nhealth settings on a case-by-case basis.\n 7. A dental hygienist shall file an application with the department to\npractice as a registered dental hygienist, collaborative practice and\npay a fee determined by the department. As a condition of collaborative\npractice, the dental hygienist shall have been engaged in practice for\nthree years with a minimum of four thousand five hundred practice hours\nand shall complete an eight-hour continuing education program that\nincludes instruction in medical emergency procedures, risk management,\ndental hygiene jurisprudence and professional ethics.\n 8. The commissioner shall promulgate regulations defining the\nfunctions a dental hygienist may perform that are consistent with the\ntraining and qualifications for a license as a dental hygienist.\n * NB Effective June 19, 2027\n