HF 805 (LSB 1155HV (1) 91)

HOUSE FILE 805

BY  COMMITTEE ON HEALTH AND HUMAN SERVICES

(SUCCESSOR TO HF 340)

A BILL FOR

An Act relating to the practice of dental assistants without registration by the dental board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.74, subsection 5, Code 2025, is amended to read as follows:
   5.  A dentist may use the prefix “Dr.” or “Doctor”, but shall add after the person’s name the letters “D.D.S.”, or “D.M.D.”, or the word “dentist” or “dental surgeon”. A dental hygienist may use the words “registered dental hygienist” or the letters “R.D.H.” after the person’s name. A registered dental assistant may use the words “registered dental assistant” or the letters “R.D.A.” after the person’s name.
    Sec. 2.  Section 153.14, subsection 5, Code 2025, is amended to read as follows:
   5.  Persons registered to practice practicing as a dental assistant.
    Sec. 3.  Section 153.33, subsection 1, paragraphs a and b, Code 2025, are amended to read as follows:
   a.  (1)  To initiate investigations of and conduct hearings on all matters or complaints relating to the practice of dentistry, dental hygiene, or dental assisting or pertaining to the enforcement of any provision of this chapter, to provide for mediation of disputes between licensees and their patients or registrants dental assistants and their patients when specifically recommended by the board, to revoke or suspend licenses or registrations, or the renewal thereof, issued under this or any prior chapter, to provide for restitution to patients, and to otherwise discipline licensees and registrants.
   (2)  Subsequent to an investigation by the board, the board may appoint a disinterested third party to mediate disputes between licensees and their patients or registrants dental assistants and patients. Referral of a matter to mediation shall not preclude the board from taking disciplinary action against the affected licensee or registrant dental assistant.
   b.  To appoint investigators, who shall not be members of the board, to administer and aid in the enforcement of the provisions of law relating to those persons licensed to practice dentistry and dental hygiene, and persons registered practicing as dental assistants. The amount of compensation for the investigators shall be determined pursuant to chapter 8A, subchapter IV. Investigators authorized by the board have the powers and status of peace officers when enforcing this chapter and chapters 147 and 272C.
    Sec. 4.  Section 153.33, subsection 3, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   In any investigation made or hearing conducted by the board on its own motion, or upon written complaint filed with the board by any person, pertaining to any alleged violation of this chapter or the accusation against any licensee or registrant dental assistant, the following procedure and rules so far as material to such investigation or hearing shall obtain:
    Sec. 5.  Section 153.33, subsection 3, paragraph a, Code 2025, is amended to read as follows:
   a.  The accusation of such person against any licensee or registrant dental assistant shall be reduced to writing, verified by some person familiar with the facts therein stated, and three copies thereof filed with the board.
    Sec. 6.  Section 153.33, subsection 5, paragraphs a, c, and d, Code 2025, are amended to read as follows:
   a.  The board may impose an administrative penalty of up to five hundred dollars on a licensee, registrant dental assistant, or trainee of the board who does any of the following:
   (1)  Engages in a practice regulated by this chapter without a current license, registration, permit, or qualification.
   (2)  Employs a person without a current license, registration, permit, or qualification to engage in a practice regulated by this chapter.
   (3)  Fails to complete the continuing education required for renewal of a license or registration.
   c.  A licensee, registrant dental assistant, or trainee may contest a penalty issued pursuant to paragraph “a” by initiating a contested case proceeding pursuant to chapter 17A.
   d.  This subsection shall not prohibit the board from imposing discipline on a licensee, registrant dental assistant, or trainee for willful or repeated violations.
    Sec. 7.  Section 153.34, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   The board may issue an order to discipline a licensed dentist or dental hygienist, or registered a dental assistant, for any of the grounds set forth in this chapter, chapter 272C, or Title IV. Notwithstanding section 272C.3, licensee or registrant dental assistant discipline may include a civil penalty not to exceed ten thousand dollars. Pursuant to this section, the board may discipline a licensee or registrant dental assistant for any of the following reasons:
    Sec. 8.  Section 153.38, Code 2025, is amended to read as follows:
   153.38  Dental assistants —— scope of practice.
   A registered dental assistant may perform those services of assistance to a licensed dentist as determined by the board by rule. A registered dental assistant with additional education and training, as provided by the board by rule, may become certified to perform expanded functions or become qualified to participate in dental radiography. A registered dental assistant who has successfully completed expanded function training through the university of Iowa college of dentistry or a program certified by the commission on dental accreditation may place dental sealants on teeth. Services performed by a registered dental assistant shall be performed under supervision of a licensed dentist, but this section shall not be construed to authorize a dental assistant to practice dentistry or dental hygiene. The board shall not adopt rules that delegate to a dental assistant the administration of local anesthesia or the removal of plaque, stain, calculus, or hard natural material except by toothbrush, floss, or rubber cup coronal polish. 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.
    Sec. 9.  Section 153.39, subsection 1, Code 2025, is amended to read as follows:
   1.  A person shall not practice on or after July 1, 2001, as a registered dental assistant unless the person has registered with the board and received a certificate of registration pursuant to this chapter.
    Sec. 10.  Section 153.39, subsection 5, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   5.  A person may practice as a dental assistant without receiving a certificate of registration as described in this section if the person successfully completes a term of practical training under the supervision of a dentist. The board shall adopt rules pursuant to chapter 17A for the implementation of this subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows a person to practice as a dental assistant without being registered by the dental board if the person completes a term of practical training under the supervision of a dentist. The bill requires the dental board to adopt rules for the implementation of the bill and makes conforming changes.