2014 -- H 7984

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - DENTISTS AND DENTAL

HYGIENISTS

     

     Introduced By: Representatives McNamara, and Shekarchi

     Date Introduced: March 26, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 5-31.1 of the General Laws entitled "Dentists and Dental

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Hygienists" is hereby amended by adding thereto the following section:

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     5-31.1-39. Public health hygienists. -- (a) Any public health dental hygienist which for

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purposes of this chapter means any practicing registered dental hygienist who may perform dental

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hygiene procedures in a public health setting subject to conditions adopted by the Rhode Island

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board of examiners in dentistry, may perform in a public health setting, without the supervision or

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direction of a dentist, any procedure or provide any service that is within the dental hygiene scope

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of practice that has been authorized and adopted by the Rhode Island board of examiners in

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dentistry as a delegable procedure for a dental hygienist under general supervision in a private

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practice setting.

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     (b) Public health settings shall for purposes of this section, include, but not be limited to,

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residences of the homebound, schools, nursing home and long-term care facilities, clinics,

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hospitals, medical facilities, community health centers licensed or certified by the department of

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health, mobile and portable dental health programs licensed or certified by the department of

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health and operated by a local or state agency, head start programs and any other facilities or

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programs deemed appropriate by the department of health.

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     (c) Any public health hygienist shall enter into a written collaborative agreement with a

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local or state government agency or institution or with a licensed dentist who states that he or she

 

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shall be able to provide the appropriate level of communication and consultation with the dental

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hygienist to ensure patient health and safety prior to performing any procedure or providing any

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service under this section. The written collaborative agreement will follow the appropriate

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guidelines as determined and established by the Rhode Island board of examiners in dentistry.

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     (d) Any public health dental hygienist shall provide to the patient or to the patient's legal

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guardian a consent form to be signed by the patient or legal guardian. The consent form shall be

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consistent with current department of health policies that describes services to be rendered and

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explains that services rendered are not a substitute for a dental examination by a dentist. The

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consent form shall also inform the patient or legal guardian that the patient should obtain a dental

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examination by a dentist within ninety (90) days. The patient or legal guardian shall also obtain

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written referral to a dentist and an assessment of further dental needs.

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     (e) The public health dental hygienist shall be directly reimbursed for services

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administered in a public health setting by Medicaid or the state healthcare insurance program but

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except as required by federal Medicaid law, but shall not seek reimbursement from any other

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insurance or third-party payor. A public health dental hygienist shall not operate independently of

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a dentist, except for a dental hygienist working for a local or state government agency or

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institution or practicing in a mobile or portable prevention program licensed or certified by the

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department of health. In such cases the local or state government agency or institution or mobile

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or portable prevention program licensed or certified by the department of health may seek

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reimbursement from any other third-party payor.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - DENTISTS AND DENTAL

HYGIENISTS

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     This act would authorize the practice of "public health hygienists" who would be

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authorized to perform certain dental services in a public health setting.

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     This act would take effect upon passage.

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