06 LC 33
1407S
The
Senate Health and Human Services Committee offered the following substitute to
SB 78:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia
Annotated, relating to dental hygienists, so as to provide for an additional
exception to the requirement of direct supervision of a dental hygienist in
certain settings; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating
to dental hygienists, is amended in Code Section 43-11-74, relating to direct
supervision requirements, scope of duties, and exceptions to required
supervision for dental screenings, and inserting in lieu thereof the
following:
"43-11-74.
(a)
Dental hygienists shall perform their duties only under the direct supervision
of a licensed
dentist,
except as otherwise provided in this Code
section. No dental hygienist shall
diagnose, prescribe, determine the initial dosage, or increase the initial
dosage of nitrous oxide, practice dentistry or do any kind of dental work other
than to remove calcareous deposits, secretions, and stains from the surfaces of
the teeth, to apply ordinary wash or washes of a soothing character, and to
perform those acts, services, procedures, and practices which the board shall
prescribe by rule or regulation.
The board
shall not delegate to dental hygienists the authority to administer local
anesthesia, except that this restriction shall automatically expire July 1,
1992.
(b)
After meeting such additional education and training requirements as the board
may require by rule or regulation, a dental hygienist may perform such other
acts, practices, services, or procedures under the direct supervision of a
licensed dentist, which the board may prescribe by rule or regulation subject,
however, to the limitations set forth in subsection (a) of this Code
section.
(c)
The requirement of direct supervision shall not apply to the educational
training of dental hygiene students at an institution approved by the board and
the Commission on Dental Accreditation of the American Dental Association, or
its successor agency, when such instruction is carried out under such degree of
supervision by a licensed dentist as the board may prescribe by rule or
regulation.
(d)
The requirement of direct supervision shall not apply to the performance of
dental hygiene duties at approved dental facilities of the Department of Human
Resources, county boards of health, or the Department of Corrections. The board
shall provide by rule or regulation for criteria for approval of such facilities
and for the appropriate degree of supervision by a licensed dentist over dental
hygienists performing duties in such facilities.
(e)(1)
As used in this subsection, the term 'dental screening' means a visual
assessment of the oral cavity without the use of X-rays, laboratory tests, or
diagnostic models to determine if it appears that a more thorough examination
and diagnosis should be conducted by a dentist.
(2)
The requirement of direct supervision shall not apply to the performance of
dental hygienists providing dental screenings in settings which include schools,
hospitals, and clinics and state, county, local, and federal public health
programs. Other health fair settings must be preapproved by the
board.
(3)
Each person who receives a dental screening pursuant to this subsection, or the
parent or legal guardian if the person is a minor, must be informed in writing
of the purpose and limitations of a dental screening and advised to seek a more
thorough examination by a dentist to determine whether or not problems exist
that might not be discovered in a screening. There shall be no fees charged for
providing a dental screening pursuant to this subsection except for dental
screenings provided by employees of the Department of Human Resources or county
boards of health. These fees must be paid directly to that department or county
board of health and not to the individual who performs the dental
screening.
(f)
The requirement of direct supervision shall not apply to the performance of
dental hygiene duties by dental hygienists in institutions or facilities for
patients with a physical or mental disability, personal care homes, nursing
homes, homes of homebound persons receiving medical assistance through a home
health agency, and hospitals if the patient has a valid prescription from a
dentist. Such prescription shall only be valid for a period of six months.
This subsection shall only apply to dental hygienists who have at least five
years of experience as a dental hygienist, who have received appropriate
clinical training as established and approved by the board, and who have a
written agreement with a sponsoring dentist to monitor the work of such dental
hygienist. The sponsoring dentist shall be responsible for all treatment
performed by the dental hygienist. The treatment provided by a dental hygienist
pursuant to this subsection shall be limited to prophylaxis, application of
fluoride, dental hygiene instructions, assessment of a
patient́s
need for further treatment by a dentist, and other services if delegated by the
sponsoring dentist and in accordance with rules and regulations established by
the board. A dental hygienist providing treatment pursuant to this subsection
shall be required to submit an annual report to the American Dental Association
and the Department of Human Resources regarding the number of patients treated
and the types of services
performed."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.