BILL NUMBER: S8759B
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the education law, in relation to registered dental
hygienists working without supervision but within a collaborative prac-
tice agreement with a licensed dentist
 
PURPOSE:
To authorize registered dental hygienists, collaborative practice, to
provide certain dental services without supervision under a collabora-
tive practice agreement with a licensed dentist.
 
SUMMARY OF PROVISIONS:
Section one amends section 6606 of the education law to establish and
define the practice of collaborative practice dental hygiene. This
section provides that the practice of dental hygiene may be performed in
collaboration with a licensed dentist provided such services are
performed in accordance with a written practice agreement and written
practice protocols. This section also establishes the required content
and procedures pertaining to the written collaborative practice agree-
ment.
Section one of this bill also requires dental hygienists to provide a
patient with a written statement advising the patient that dental
hygiene services are not a substitute for a dental examination by a
licensed dentist, and to make referrals for further dental procedures as
necessary.
Section one further provides the locations where dental services may be
provided by a registered dental hygienist, collaborative practice.
Additionally, section one lays out the training, experience, and educa-
tion requirements for a registered dental hygienist to practice under a
collaborative agreement.
Section two provides the effective date.
 
JUSTIFICATION:
According to the Department of Health's Oral Health Plan for New York
State (2014), approximately 44% of children in New York experience tooth
decay by the third grade and about 17% of New Yorkers 65 years and older
have lost all their teeth. Because of current disparities that exist in
oral health, these numbers are even higher among low-income and minority
populations. Increasing access to dental hygiene services will help to
ensure that all New Yorkers are able to receive quality oral healthcare.
Dental hygienists fulfill a critical role in the provision of dental
care, both in private practice and public health settings. In fact, a
2010 report issued by the Pew Center on the States found that adding
dental hygienists to a practice. enables most private-practice dentists
to serve more patients while increasing profitability and productivity.
The enactment of the federal Affordable Care Act, which mandates insur-
ance coverage for pediatric dental care, continues to increase patient
demand for dental care. Thus, it is imperative that dental hygienists'
skills and training are fully utilized, freeing-'up dentists to treat
more patients.
The Medicaid Redesign Team (MRT) supported this action as one of its top
five priorities of their twelve final recommendations. According to the
2011 published recommendations from MRT, this bill will allow for the
maximum utilization of the dental hygienists in New York State, in keep-
ing with their education, training, and expertise as oral health
prevention specialists. Collaborative Practice will serve to improve the
oral health status of New Yorkers and promote the prevention of disease
and oral health.
Collaborative practice is another way to increase access to dental
hygiene care and disease prevention. Collaborative practice dental
hygienists would be able to practice, pursuant to the terms of the
collaborative practice agreement, without the supervision of the
dentist. This makes it much easier for dental hygienists to practice in
under-served communities, where there is a great need for prophylactic
treatments and oral health counseling. Collaborative practice dental
hygienists would also screen patients for disease and refer them to the
collaborating dentist for dental examinations and other treatments. This
creates more opportunities for New Yorkers to receive dental hygiene
care, and decreases their risk of developing oral disease and tooth
decay.
Moreover, this bill requires registered dental hygienists to apply for a
new certification with the New York State Education Department for
Collaborative Practice (RDH-CP). Three years of experience and continu-
ing education requirements are required for the certification.
 
LEGISLATIVE HISTORY:
A.3934, 2021 and 2022, referred to higher education.
A.335, 2019 and 2020, referred to higher education.
A.2553, 2017 and 2018, referred to higher education.
Same as S.743, 2017 and 2018, referred to higher education.
A.1959, 2015 and 2016, referred to higher education.
Same as S.3308, 2015 and 2016, referred to higher education.
A.5096, 2013 and 2014, referred to higher education.
Same as 5.1944, 2013 and 2014, referred to higher education.
A.111-A, 2011 and 2012, referred to higher education. Same as 5.7353,
2012, referred to higher education.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become
law.