This document includes House Floor Amendments incorporated into the bill on Tue, Mar 10, 2015 at 9:43 PM by jeyring.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the practice of dental hygiene.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the scope of practice for a licensed dental hygienist; and
13 ▸ modifies unlawful conduct standards for a licensed dental hygienist.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 58-69-102, as enacted by Laws of Utah 1996, Chapter 116
21 58-69-501, as enacted by Laws of Utah 1996, Chapter 116
22 58-69-801, as enacted by Laws of Utah 1996, Chapter 116
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 58-69-102 is amended to read:
26 58-69-102. Definitions.
27 In addition to the definitions in Section 58-1-102, as used in this chapter:
28 (1) "Board" means the Dentist and Dental Hygienist Licensing Board created in
29 Section 58-69-201.
30 (2) "Dental assistant" means an unlicensed individual who engages in, directly or
31 indirectly, supervised acts and duties as defined by division rule made in collaboration with the
32 board.
33 (3) "Direct supervision" means the supervising dentist is present and available for
34 face-to-face communication with the person being supervised when and where professional
35 services are being provided.
36 (4) "General supervision" means that the supervising dentist is available for
37 consultation regarding work the supervising dentist has authorized, without regard as to
38 whether the supervising dentist is located on the same premises as the person being supervised.
39 (5) "Indirect supervision" means that the supervising dentist is present within the
40 facility in which the person being supervised is providing services and is available to provide
41 immediate face-to-face communication with the person being supervised.
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43 (a) under the general supervision of a dentist, or under a written agreement with a
44 dentist licensed under this chapter, as provided in Section 58-69-801, to:
45 (i) perform preliminary clinical examination of human teeth and gums;
46 (ii) make preliminary instrumental examination of patients' teeth;
47 (iii) expose dental radiographs;
48 (iv) assess dental hygiene status and collaborate with the supervising dentist regarding
49 a dental hygiene treatment plan for a patient;
50 (v) remove deposits, accumulations, calculus, and concretions from the surfaces of
51 human teeth;
52 (vi) remove toxins and debris from subgingival surfaces;
53 (vii) provide dental hygiene care in accordance with a dentist's treatment plan for a
54 patient;
55 (viii) take impressions of teeth or jaws except for impressions or registrations to supply
56 artificial teeth as substitutes for natural teeth; or
57 (ix) engage in other practices of dental hygiene as defined by division rule;
58 (b) under the indirect supervision of a dentist to administer in accordance with
59 standards and ethics of the professions of dentistry and dental hygiene:
60 (i) local anesthesia; or
61 (ii) nitrous oxide analgesia;
62 (c) to represent oneself by any title, degree, or in any other way as being a dental
63 hygienist; or
64 (d) to direct a dental assistant when the supervising dentist is not on the premises.
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66 (a) to offer, undertake, or represent that a person will undertake by any means or
67 method to:
68 (i) examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease,
69 pain, injury, deficiency, deformity, or any other condition of the human teeth, alveolar process,
70 gums, jaws, or adjacent hard and soft tissues and structures in the maxillofacial region;
71 (ii) take an appropriate history and physical consistent with the level of professional
72 service to be provided and the available resources in the facility in which the service is to be
73 provided;
74 (iii) take impressions or registrations;
75 (iv) supply artificial teeth as substitutes for natural teeth;
76 (v) remove deposits, accumulations, calculus, and concretions from the surfaces of
77 teeth; and
78 (vi) correct or attempt to correct malposition of teeth;
79 (b) to administer anesthetics necessary or proper in the practice of dentistry only as
80 allowed by an anesthesia permit obtained from the division;
81 (c) to administer and prescribe drugs related to and appropriate in the practice of
82 dentistry;
83 (d) to supervise the practice of a dental hygienist or dental assistant as established by
84 division rule made in collaboration with the board; or
85 (e) to represent oneself by any title, degree, or in any other way that one is a dentist.
86 (8) "Public health setting" means:
87 (a) an individual's residence, if the individual is unable to leave the residence;
88 (b) a school, as part of a school-based program;
89 (c) a nursing home;
90 (d) an assisted living or long-term care facility;
91 (e) a community health center;
92 (f) a federally-qualified health center; or
93 (g) a mobile dental health program that employs a dentist who is licensed under this
94 chapter.
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96 supervision of a dental hygienist or unlicensed individual in accordance with the provisions of
97 this chapter.
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99 58-1-501 and 58-69-501.
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101 Sections 58-1-501 and 58-69-502 and as may be further defined by rule.
102 Section 2. Section 58-69-501 is amended to read:
103 58-69-501. Unlawful conduct.
104 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
105 (1) administering anesthesia or analgesia in the practice of dentistry or dental hygiene
106 if the individual does not hold a current permit issued by the division authorizing that
107 individual to administer the type of anesthesia or analgesia used;
108 (2) practice of dental hygiene by a licensed dental hygienist when not under the
109 supervision of a dentist, or under a written agreement with a dentist who is licensed under this
110 chapter and who is a Utah resident, in accordance with the provisions of this chapter; or
111 (3) directing or interfering with a licensed dentist's judgment and competent practice of
112 dentistry.
113 Section 3. Section 58-69-801 is amended to read:
114 58-69-801. Dental hygienist -- Limitations on practice.
115 A dental hygienist licensed under this chapter may only practice dental hygiene:
116 (1) in an accredited dental or dental hygienist school to teach and demonstrate the
117 practice of dental hygiene;
118 (2) for a public health agency;
119 (3) under the supervision of a dentist, for an employee leasing company or temporary
120 personnel service company providing employees to a dentist or other person lawfully providing
121 dental services:
122 (a) under the indirect supervision of a dentist licensed under this chapter at any time
123 the dental hygienist is administering an anesthetic or analgesia as permitted under this chapter
124 or division rules made under this chapter;
125 (b) under the general supervision of a dentist licensed under this chapter within the
126 office of the supervising dentist and upon patients of record of the supervising dentist; and
127 (c) under the general supervision of a dentist licensed under this chapter, and the
128 practice is conducted outside of the office of the supervising dentist, if:
129 (i) the dental hygiene work performed is authorized by the supervising dentist as a part
130 of and in accordance with the supervising dentist's current treatment plan for the patient;
131 (ii) no anesthetic or analgesia is used;
132 (iii) the supervising dentist has determined the patient's general health and oral health
133 are so that the dental hygiene work can be performed under general supervision and with an
134 acceptable level of risk or injury as determined by the supervising dentist;
135 (iv) the supervising dentist accepts responsibility for the dental hygiene work
136 performed under general supervision; and
137 (v) (A) the dental hygienist's work is performed on a patient who is homebound or
138 within a hospital, nursing home, or public health agency or institution; and
139 (B) the patient is the supervising dentist's patient of record and the dentist has
140 examined the patient within six months prior to the patient's receiving treatment from a dental
141 hygienist under this Subsection[
142 (4) under a written agreement with a dentist who is licensed under this chapter and who
143 is a Utah resident if:
144 (a) the dental hygienist practices in a public health setting;
145 (b) the dentist is available in person, by phone, or by electronic communication;
146 (c) the agreement provides that the dental hygienist shall refer a patient with a dental
147 need Ĥ→ beyond the dental hygienist's scope of practice ←Ĥ to a licensed dentist; and
148 (d) the dental hygienist obtains from each patient an informed consent form that
149 provides that treatment by a dental hygienist is not a substitute for a dental examination by a
150 dentist.