Senate File 2233 - Introduced SENATE FILE 2233 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3069) A BILL FOR An Act relating to the regulation of dental hygienists and 1 dental assistants, and the practice of dentistry, and 2 providing administrative penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5748SV (1) 88 ss/rh

S.F. 2233 Section 1. Section 153.15, Code 2020, is amended to read as 1 follows: 2 153.15 Dental hygienists —— scope of term. 3 A licensed dental hygienist may perform those services 4 which are educational, therapeutic, and preventive in nature 5 which attain or maintain optimal oral health as determined by 6 the board and may include but are not necessarily limited to 7 complete oral prophylaxis, application of preventive agents 8 to oral structures, exposure and processing of radiographs, 9 administration of medicaments prescribed by a licensed 10 dentist, obtaining and preparing nonsurgical, clinical and 11 oral diagnostic tests for interpretation by the dentist, and 12 preparation of preliminary written records of oral conditions 13 for interpretation by the dentist. Such services, except 14 educational services, shall be performed under supervision of a 15 licensed dentist and in a dental office, a public or private 16 school, public health agencies, hospitals, and the armed 17 forces, but nothing herein shall be construed to authorize 18 a dental hygienist to practice dentistry. Educational 19 services shall be limited to assessing the need for, planning, 20 implementing, and evaluating oral health education programs 21 for individual patients and community groups; and conducting 22 workshops and in-service training sessions on dental health 23 for nurses, school personnel, institutional staff, community 24 groups, and other agencies providing consultation and technical 25 assistance for promotional, preventive, and educational 26 services. 27 Sec. 2. Section 153.33, Code 2020, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 5. a. The board may impose an 30 administrative penalty of up to five hundred dollars on a 31 licensee, registrant, or trainee of the board who does any of 32 the following: 33 (1) Engages in a practice regulated by this chapter without 34 a current license, registration, permit, or qualification. 35 -1- LSB 5748SV (1) 88 ss/rh 1/ 4

S.F. 2233 (2) Employs a person without a current license, 1 registration, permit, or qualification to engage in a practice 2 regulated by this chapter. 3 (3) Fails to complete the continuing education required for 4 renewal of a license or registration. 5 b. The assessment and payment of a penalty imposed pursuant 6 to paragraph “a” shall not be considered a disciplinary action 7 or reported as discipline and shall be confidential. 8 c. A licensee, registrant, or trainee may contest a penalty 9 issued pursuant to paragraph “a” by initiating a contested case 10 proceeding pursuant to chapter 17A. 11 d. This section shall not prohibit the board from imposing 12 discipline on a licensee, registrant, or trainee for willful 13 or repeated violations. 14 e. An administrative penalty collected pursuant to this 15 subsection shall be deposited into the general fund of the 16 state. 17 Sec. 3. Section 153.38, Code 2020, is amended to read as 18 follows: 19 153.38 Dental assistants —— scope of practice. 20 A registered dental assistant may perform those services of 21 assistance to a licensed dentist as determined by the board 22 by rule. Such services A registered dental assistant with 23 additional education and training, as provided by the board 24 by rule, may become certified to perform expanded functions 25 or become qualified to participate in dental radiography. A 26 registered dental assistant who has successfully completed 27 expanded function training through the university of Iowa 28 college of dentistry or a program certified by the commission 29 on dental accreditation may place dental sealants on teeth. 30 Services performed by a registered dental assistant shall be 31 performed under supervision of a licensed dentist in a dental 32 office, a public or private school, public health agencies, 33 hospitals, and the armed forces , but this section shall not 34 be construed to authorize a dental assistant to practice 35 -2- LSB 5748SV (1) 88 ss/rh 2/ 4

S.F. 2233 dentistry or dental hygiene. The board shall not adopt rules 1 that delegate to a dental assistant the administration of 2 local anesthesia or the removal of plaque, stain, calculus, or 3 hard natural material except by toothbrush, floss, or rubber 4 cup coronal polish. Every licensed dentist who utilizes the 5 services of a registered dental assistant for the purpose of 6 assistance in the practice of dentistry shall be responsible 7 for acts delegated to the registered dental assistant. A 8 dentist shall delegate to a registered dental assistant only 9 those acts which are authorized to be delegated to registered 10 dental assistants by the board. 11 Sec. 4. REPEAL. 2000 Iowa Acts, chapter 1002, section 7, 12 is repealed. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the practice of dentistry. The bill 17 removes the requirement that services performed by a dental 18 hygienist or dental assistant be performed in a dental office, 19 public or private school, public health agency, hospital, or 20 armed forces. The bill allows the dental board to impose an 21 administrative penalty of up to $500 on licensees, registrants, 22 and trainees who engage in the practice of dentistry or employ 23 a person to engage in the practice of dentistry without the 24 proper license, registration, permit, or qualification, or 25 who fail to meet continuing education requirements. Such 26 administrative penalties are not disciplinary actions, may 27 be contested through a contested case proceeding under Code 28 chapter 17A, and shall be deposited into the general fund of 29 the state. 30 The bill allows a dental assistant with additional training 31 to perform expanded functions and participate in dental 32 radiography. The bill prohibits a dental assistant from 33 placing sealants on teeth unless the dental assistant has 34 completed expanded function training through the university 35 -3- LSB 5748SV (1) 88 ss/rh 3/ 4

S.F. 2233 of Iowa college of dentistry or a program accredited by the 1 commission on dental accreditation. The bill prohibits the 2 dental board from adopting rules allowing a dental assistant to 3 administer local anesthesia or remove plaque, stain, calculus, 4 or hard natural material except by use of a toothbrush, floss, 5 or rubber cup coronal polish. 6 The bill repeals a section of the 2000 Iowa Acts reflecting 7 the intent of the general assembly that the board of dental 8 examiners, replaced by the dental board, adopt rules regarding 9 the scope of practice of dental assistants. 10 -4- LSB 5748SV (1) 88 ss/rh 4/ 4