Senate Study Bill 1235 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER-MEEKS) A BILL FOR An Act relating to the practice of dentistry, including the 1 practice of dental hygiene and the services of dental 2 assistants, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1194XC (3) 88 ss/rn

S.F. _____ Section 1. Section 153.15, Code 2019, 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, subsection 1, Code 2019, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . f. (1) To impose a monetary penalty of up 30 to $500 upon any licensee, registrant, or trainee, by rule, who 31 does any of the following: 32 (a) Works without a current license, registration, permit, 33 or qualification. 34 (b) Employs an individual without a current license, 35 -1- LSB 1194XC (3) 88 ss/rn 1/ 4

S.F. _____ registration, permit, or qualification. 1 (c) Fails to complete the continuing education required for 2 renewal of a license or registration. 3 (2) Notwithstanding section 153.34, the assessment and 4 payment of any monetary penalty under this paragraph shall not 5 be considered a disciplinary action or reported as discipline 6 and shall be confidential. A licensee, registrant, or trainee 7 shall be provided the opportunity to appeal the assessment, 8 which shall initiate a contested case proceeding under chapter 9 17A. Nothing in this paragraph shall prohibit the board from 10 imposing discipline upon a licensee, registrant, or trainee 11 for willful or repeated violations. Any monetary penalties 12 collected pursuant to this paragraph shall be deposited into 13 a fund, established by the board, designed to create training 14 opportunities for licensees and registrants of the board. 15 Sec. 3. Section 153.38, Code 2019, is amended by striking 16 the section and inserting in lieu thereof the following: 17 153.38 Dental assistants —— scope of practice. 18 1. A registered dental assistant may perform those services 19 of assistance to a licensed dentist as determined by the board 20 by rule. Such services shall be performed under supervision of 21 a licensed dentist. Every licensed dentist who utilizes the 22 services of a registered dental assistant for the purpose of 23 assistance in the practice of dentistry shall be responsible 24 for acts delegated to the registered dental assistant. A 25 dentist shall delegate to a registered dental assistant only 26 those acts which are authorized to be delegated to registered 27 dental assistants by the board. 28 2. A registered dental assistant with additional education 29 and training, as established by the board by rule, may become 30 certified to perform expanded functions or become qualified 31 to participate in dental radiography. Only dental assistants 32 who have successfully completed expanded function training 33 through the university of Iowa or a program accredited by the 34 commission on dental accreditation may be permitted to place 35 -2- LSB 1194XC (3) 88 ss/rn 2/ 4

S.F. _____ sealants. 1 3. Nothing herein shall be construed to authorize a dental 2 assistant to practice dentistry or dental hygiene. The 3 dental board shall not adopt rules that would allow a dental 4 assistant to administer local anesthesia, or remove, except by 5 toothbrush, floss, or rubber cap coronal polish, any plaque, 6 stain, calculus, or hard natural material. 7 Sec. 4. REPEAL. 2000 Iowa Acts, chapter 1002, section 7, 8 is repealed. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the practice of dentistry in Iowa. The 13 bill removes the requirement that dental hygiene services only 14 be performed in a dental office, public or private school, 15 public health agency, hospital, or the armed forces. 16 The bill allows the dental board to issue a monetary penalty 17 of up to $500 to any licensee, registrant, or trainee who 18 works without a current license, registration, permit or 19 qualification, employs such a person, or fails to complete 20 continuing education requirements. Such a penalty shall not be 21 considered a disciplinary action or reported as discipline and 22 shall remain confidential. The bill allows a person assessed 23 such a penalty to appeal the penalty. The bill directs such 24 penalties to be deposited in a fund designed to create training 25 opportunities for licensees and registrants of the board. 26 The bill allows registered dental assistants with additional 27 education and training to perform expanded functions according 28 to rules adopted by the board. The bill prohibits the board 29 from adopting rules that would allow a dental assistant to 30 administer local anesthesia or remove calculus or hard natural 31 materials. 32 The bill repeals 2000 Iowa Acts, chapter 1002, section 33 7, prohibiting the dental board from adopting rules allowing 34 dental hygienists to perform administration of local 35 -3- LSB 1194XC (3) 88 ss/rn 3/ 4

S.F. _____ anesthesia, placement of sealants, or removal of any plaque, 1 stain, calculus, or hard natural or synthetic material except 2 by toothbrush, floss, or rubber cup coronal polish. 3 -4- LSB 1194XC (3) 88 ss/rn 4/ 4