HSB 153 (LSB 1194DP (4) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED DENTAL BOARD BILL)

A BILL FOR

An Act relating to the practice of dentistry, including the practice of dental hygiene and the services of dental assistants, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 153.15, Code 2019, is amended to read as follows:
   153.15  Dental hygienists —— scope of term.
   A licensed dental hygienist may perform those services which are educational, therapeutic, and preventive in nature which attain or maintain optimal oral health as determined by the board and may include but are not necessarily limited to complete oral prophylaxis, application of preventive agents to oral structures, exposure and processing of radiographs, administration of medicaments prescribed by a licensed dentist, obtaining and preparing nonsurgical, clinical and oral diagnostic tests for interpretation by the dentist, and preparation of preliminary written records of oral conditions for interpretation by the dentist. Such services, except educational services, shall be performed under supervision of a licensed dentist and in a dental office, a public or private school, public health agencies, hospitals, and the armed forces, but nothing herein shall be construed to authorize a dental hygienist to practice dentistry. Educational services shall be limited to assessing the need for, planning, implementing, and evaluating oral health education programs for individual patients and community groups; and conducting workshops and in-service training sessions on dental health for nurses, school personnel, institutional staff, community groups, and other agencies providing consultation and technical assistance for promotional, preventive, and educational services.
    Sec. 2.  Section 153.33, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  (1)  To impose a monetary penalty of up to $500 upon any licensee, registrant, or trainee, by rule, who does any of the following: 
   (a)  Works without a current license, registration, permit, or qualification. 
   (b)  Employs an individual without a current license, registration, permit, or qualification. 
   (c)  Fails to complete the continuing education required for renewal of a license or registration.
   (2)  Notwithstanding section 153.34, the assessment and payment of any monetary penalty under this paragraph shall not be considered a disciplinary action or reported as discipline and shall be confidential. A licensee, registrant, or trainee shall be provided the opportunity to appeal the assessment, which shall initiate a contested case proceeding under chapter 17A. Nothing in this paragraph shall prohibit the board from imposing discipline upon a licensee, registrant, or trainee for willful or repeated violations. Any monetary penalties collected pursuant to this paragraph shall be deposited into a fund, established by the board, designed to create training opportunities for licensees and registrants of the board.
    Sec. 3.  Section 153.38, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   153.38  Dental assistants —— scope of practice.
   1.  A registered dental assistant may perform those services of assistance to a licensed dentist as determined by the board by rule. Such services shall be performed under supervision of a licensed dentist. Every licensed dentist who utilizes the services of a registered dental assistant for the purpose of assistance in the practice of dentistry shall be responsible for acts delegated to the registered dental assistant. A dentist shall delegate to a registered dental assistant only those acts which are authorized to be delegated to registered dental assistants by the board.
   2.  A registered dental assistant with additional education and training, as established by the board by rule, may become certified to perform expanded functions or become qualified to participate in dental radiography. Only dental assistants who have successfully completed expanded function training through the university of Iowa or a program accredited by the commission on dental accreditation may be permitted to place sealants. 
   3.  Nothing herein shall be construed to authorize a dental assistant to practice dentistry or dental hygiene. The dental board shall not adopt rules that would allow a dental assistant to administer local anesthesia, or remove calculus or hard natural material.
    Sec. 4.  REPEAL.  2000 Iowa Acts, chapter 1002, section 7, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the practice of dentistry in Iowa. The bill removes the requirement that dental hygiene services only be performed in a dental office, public or private school, public health agency, hospital, or the armed forces.
   The bill allows the dental board to issue a monetary penalty of up to $500 to any licensee, registrant, or trainee who works without a current license, registration, permit or qualification, employs such a person, or fails to complete continuing education requirements. Such a penalty shall not be considered a disciplinary action or reported as discipline and shall remain confidential. The bill allows a person assessed such a penalty to appeal the penalty. The bill directs such penalties to be deposited in a fund designed to create training opportunities for licensees and registrants of the board.
   The bill allows registered dental assistants with additional education and training to perform expanded functions according to rules adopted by the board. The bill prohibits the board from adopting rules that would allow a dental assistant to administer local anesthesia or remove calculus or hard natural materials.
   The bill repeals 2000 Iowa Acts, chapter 1002, section 7, prohibiting the dental board from adopting rules allowing dental hygienists to perform administration of local anesthesia, placement of sealants, or removal of any plaque, stain, calculus, or hard natural or synthetic material except by toothbrush, floss, or rubber cup coronal polish.