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Enrolled HB 319: Relating to the practice of dentistry, to dental assistants, and to dental hygienists.

00Enrolled HB 319 01 Relating to the practice of dentistry, to dental assistants, and to dental hygienists. 02 _______________ 03 * Section 1. AS 08.32 is amended by adding a new section to read: 04 Sec. 08.32.085. Restorative function license endorsement. (a) The board 05 shall issue a restorative function endorsement to a dental hygienist who is licensed 06 under this chapter if the licensee furnishes evidence satisfactory to the board that the 07 licensee has 08 (1) successfully completed a program accredited by the Commission 09 on Dental Accreditation of the American Dental Association or other course of 10 instruction approved by the board; and 11 (2) passed the Western Regional Examining Board's restorative 12 examination or other equivalent examination approved by the board within the five 13 years preceding the licensee's endorsement application, or the licensee is licensed in

01 another state or United States territory to perform restorative functions. 02 (b) An endorsement issued under this section authorizes a licensed dental 03 hygienist under the direct supervision of a licensed dentist to place restorations into a 04 cavity prepared by the licensed dentist and thereafter carve, contour, and adjust 05 contacts and occlusion of the restoration. 06 (c) The board may by regulation establish renewal and continuing education 07 requirements for an endorsement under this section. 08 * Sec. 2. AS 08.32.110(a) is amended to read: 09 (a) The role of the dental hygienist is to assist members of the dental 10 profession in providing oral health care to the public. A person licensed to practice the 11 profession of dental hygiene in the state may 12 (1) remove calcareous deposits, accretions, and stains from the 13 exposed surfaces of the teeth beginning at the epithelial attachment by scaling and 14 polishing techniques; 15 (2) apply topical preventive agents; 16 (3) apply pit and fissure sealants; 17 (4) perform root planning and periodontal soft tissue curettage; 18 (5) perform other dental operations and services delegated by a 19 licensed dentist if the dental operations and services are not prohibited by (c) of this 20 section; and 21 (6) if certified by the board and under the direct, [OR] indirect, or 22 general supervision of a licensed dentist, administer local anesthetic agents. 23 * Sec. 3. AS 08.32.110 is amended by adding a new subsection to read: 24 (e) This section does not prohibit a dental hygienist 25 (1) with an endorsement issued under AS 08.32.085 from performing 26 the activities authorized under AS 08.32.085; or 27 (2) who has entered into a collaborative agreement approved by the 28 board under AS 08.32.115 from performing the activities authorized under the 29 collaborative agreement. 30 * Sec. 4. AS 08.32 is amended by adding a new section to read: 31 Sec. 08.32.115. Collaborative agreements. (a) If the collaborative agreement

01 is approved by the board under (d) of this section, a dental hygienist with a minimum 02 of 4,000 documented hours of clinical experience within the five years preceding 03 application for the board's approval may enter into a collaborative agreement with a 04 dentist licensed under AS 08.36 in which the licensed dentist authorizes the dental 05 hygienist to perform one or more of the following: 06 (1) oral health promotion and disease prevention education; 07 (2) removal of calcareous deposits, accretions, and stains from the 08 surfaces of teeth; 09 (3) application of topical preventive or prophylactic agents, including 10 fluoride varnishes and pit and fissure sealants; 11 (4) polishing and smoothing restorations; 12 (5) removal of marginal overhangs; 13 (6) preliminary charting and triage; 14 (7) radiographs; 15 (8) use of local periodontal therapeutic agents; and 16 (9) performance of nonsurgical periodontal therapy, with or without 17 the administration of local anesthesia, subsequent to a licensed dentist's authorization 18 or diagnosis as specified in the licensed hygienist's collaborative agreement. 19 (b) The services described in (a) of this section may be performed under a 20 collaborative agreement approved by the board 21 (1) without the presence of the licensed dentist; 22 (2) in a setting other than the usual place of practice of the licensed 23 dentist; and 24 (3) without the dentist's diagnosis and treatment plan unless otherwise 25 specified in the collaborative agreement or in (a) of this section. 26 (c) The board shall adopt regulations regarding approval of collaborative 27 agreements between licensed dental hygienists and licensed dentists. 28 (d) The board may approve a collaborative agreement between a licensed 29 dentist and a dental hygienist. However, the board may not approve more than five 30 collaborative agreements with a licensed dentist, not including any collaborative 31 agreements that have been terminated. A dental hygienist shall notify the board of the

01 termination of a collaborative agreement with a licensed dentist. 02 * Sec. 5. AS 08.32.140 is amended to read: 03 Sec. 08.32.140. Supervision required. A dental hygienist, other than a 04 dental hygienist practicing according to a collaborative agreement approved 05 under AS 08.32.115, may not practice except under the general supervision of a 06 licensed dentist or, if required by regulations adopted under AS 08.32.110(b), the 07 direct or indirect supervision of a licensed dentist. 08 * Sec. 6. AS 08.36 is amended by adding new sections to read: 09 Article 3A. Dental Assistants. 10 Sec. 08.36.342. Coronal polishing certificate. (a) The board shall issue a 11 coronal polishing certificate to a dental assistant if the dental assistant furnishes 12 evidence satisfactory to the board that the dental assistant has completed a program of 13 instruction approved by the board. 14 (b) A certificate issued under (a) of this section authorizes a dental assistant 15 under the direct supervision of a dentist licensed in the state to perform coronal 16 polishing on teeth without calculus. 17 (c) The board may by regulation establish fees, renewal, and continuing 18 education requirements for a certificate issued under this section. 19 Sec. 08.36.344. Restorative function certificate. (a) The board shall issue a 20 restorative function certificate to a dental assistant if the dental assistant furnishes 21 evidence satisfactory to the board that the dental assistant has 22 (1) successfully completed a program accredited by the Commission 23 on Dental Accreditation of the American Dental Association or other course of 24 instruction approved by the board; and 25 (2) passed the Western Regional Examining Board's restorative 26 examination or other equivalent examination approved by the board within the five 27 years preceding the dental assistant's certificate application, or the dental assistant has 28 legal authorization from another state or jurisdiction to perform restorative functions. 29 (b) A certificate issued under this section authorizes a dental assistant under 30 the direct supervision of a licensed dentist to place restorations into a cavity prepared 31 by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion

01 of the restoration. 02 (c) The board may by regulation establish fees, renewal, and continuing 03 education requirements for a certificate under this section. 04 Sec. 08.36.346. Delegation to dental assistants. (a) Except as otherwise 05 provided in this chapter, a dentist licensed in this state may delegate to a dental 06 assistant under indirect supervision 07 (1) the exposure and development of radiographs; 08 (2) application of topical preventive agents or pit and fissure sealants; 09 and 10 (3) other dental operations and services except 11 (A) those that may be performed by a dental hygienist under 12 AS 08.32.110(a); and 13 (B) those that may not be delegated to a dental hygienist under 14 AS 08.32.110(c). 15 (b) A dentist licensed in this state may delegate to a dental assistant under 16 direct supervision 17 (1) coronal polishing on teeth without calculus, if the dental assistant is 18 certified under AS 08.36.342; 19 (2) the placement of a restoration into a cavity prepared by a dentist 20 licensed under this chapter and the subsequent carving, contouring, and adjustment of 21 the contacts and occlusion of the restoration, if the dental assistant is certified under 22 AS 08.36.344; and 23 (3) other dental operations and services as defined and regulated by the 24 board; however, a dentist may not delegate to a dental assistant a dental operation or 25 service that requires the professional skill of a licensed dentist or licensed dental 26 hygienist, including those dental operations and services specified in AS 08.32.110(c). 27 Sec. 08.36.349. Definitions. In AS 08.36.342 - 08.36.349, 28 (1) "direct supervision" means a dentist licensed in this state is in the 29 dental office, personally diagnoses the condition to be treated, personally authorizes 30 the procedure, and, before dismissal of the patient, evaluates the performance of the 31 dental assistant;

01 (2) "indirect supervision" means a dentist licensed in this state is in the 02 dental office, authorizes the procedures, and remains in the dental office while the 03 procedures are being performed by the dental assistant. 04 * Sec. 7. AS 08.36.370 is amended by adding new paragraphs to read: 05 (4) "calculus" means a hardened deposit of mineralized plaque; 06 (5) "coronal polishing" means the removal of supragingival plaque and 07 stains; 08 (6) "dental assistant" means a person employed to provide clinical 09 assistance to a dentist licensed in the state. 10 * Sec. 8. AS 08.32.110(d) is repealed.