House Bill 1062

(As Passed the House)

AN ACT TO AMEND SECTION 73-9-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LICENSED DENTAL HYGIENISTS TO PROVIDE DENTAL HYGIENE SERVICES TO PATIENTS FOR UP TO TEN CONSECUTIVE BUSINESS DAYS UNDER THE GENERAL SUPERVISION OF LICENSED DENTISTS UNDER CERTAIN CONDITIONS; TO PROHIBIT THE PRACTICE OF DENTAL HYGIENE IN A MANNER THAT IS SEPARATE OR INDEPENDENT FROM A SUPERVISING DENTIST, AND PROHIBIT ESTABLISHING OR MAINTAINING AN OFFICE OR A PRACTICE THAT IS PRIMARILY DEVOTED TO THE PROVISION OF DENTAL HYGIENE SERVICES; TO PROVIDE THAT A DENTIST MAY NOT SUPERVISE MORE THAN THREE DENTAL HYGIENISTS UNDER GENERAL SUPERVISION AT ANY ONE TIME; TO PROVIDE THAT A DENTIST MAY NOT SUPERVISE A DENTAL HYGIENIST FOR MORE THAN TEN CONSECUTIVE BUSINESS DAYS OR FOR MORE THAN TWENTY-FOUR TOTAL DAYS IN ANY CALENDAR YEAR; TO PROVIDE THAT A PATIENT MAY NOT BE SEEN TWICE CONSECUTIVELY UNDER GENERAL SUPERVISION; TO PROVIDE THAT AN EXAMINATION FEE MUST NOT BE CHARGED IF A PATIENT IS SEEN UNDER GENERAL SUPERVISION; TO AUTHORIZE THE BOARD OF DENTAL EXAMINERS TO ASSESS THE NEED FOR DENTAL HYGIENE SERVICES IN NURSING FACILITIES AND CORRECTIONAL FACILITIES AND AUTHORIZE THE GENERAL SUPERVISION OF DENTAL HYGIENISTS IN THOSE FACILITIES, PROVIDED THAT SUCH DENTAL HYGIENE SERVICES ARE PROVIDED IN ACCORDANCE WITH ALL OF THE CONDITIONS OF THIS SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-9-5, Mississippi Code of 1972, is amended as follows:

73-9-5. (1) For the purpose of this chapter, a dental hygienist shall be an individual who has completed an accredited dental hygiene education program, passed the national dental hygiene board and is licensed by the State Board of Dental Examiners to provide, as an auxiliary to the dentist, preventive care services including, but not limited to, scaling and polishing. In fulfilling these services, dental hygienists provide treatment that helps to prevent oral disease such as dental caries and periodontal disease and for educating patients in prevention of these and other dental problems.

(2) * * * No person shall practice dental hygiene in a manner that is separate or independent from a supervising dentist, or establish or maintain an office or a practice that is primarily devoted to the provision of dental hygiene services.

(3) * * * Under general supervision, a dental hygienist may provide to patients of record, for not more than ten (10) consecutive business days, all dental hygiene services (except the administration of nitrous oxide inhalation or local anesthesia, which must be under direct supervision) if all of the following conditions are satisfied:

(a) The dental hygienist has practiced dental hygiene in the State of Mississippi for a minimum of five (5) years, such five-year period having been determined by the board as equivalent to a minimum of six thousand (6,000) hours of dental hygiene practice;

(b) The dental hygienist has current CPR certification and complies with the established protocols for emergencies that the supervising dentist has established;

(c) The supervising dentist examined the patient of record not more than seven (7) months before the date that the dental hygienist provides the dental hygiene services;

(d) The dental hygienist provides dental hygiene services to the patient of record in accordance with a written treatment protocol prescribed by the supervising dentist for the patient;

(e) The patient of record is notified in advance of the appointment that the supervising dentist will be absent from the location;

(f) No licensed dental hygienist, under general supervision, may delegate or supervise any dental hygiene duties for a dental assistant; and

(g) The supervising dentist is responsible for all actions of the dental hygienist during treatment of patients under general supervision.

(4) The following limitations also apply to the practice of dental hygiene under general supervision:

(a) No entity may employ dental hygienists to provide treatment for patients of record under general supervision other than:

(i) A nonprofit entity that meets the statutory, regulatory and program requirements for grantees supported by the Public Health Service and that has supervision by a Mississippi licensed dentist; or

(ii) An office owned by a dentist or group of dentists licensed in Mississippi.

(b) No duly licensed and registered dentist shall supervise more than three (3) dental hygienists under general supervision at any one time.

(c) No duly licensed and registered dentist shall supervise a dental hygienist for more than ten (10) consecutive business days or for more than twenty-four (24) total days in any calendar year.

(d) No patient may be seen twice consecutively under general supervision.

(e) An examination fee must not be charged if a patient is seen under general supervision.

(f) The patient undergoing dental hygiene services under general supervision must be a minimum of eighteen (18) years of age, and either ASA Class I or ASA Class II as defined by the American Society of Anesthesiologist Physical Status Classification System.

(5) Notwithstanding the above subsections of this section, a dental hygienist licensed in Mississippi may perform radiographs, oral prophylaxis, and place fluoride varnish without a Mississippi licensed dentist being physically present in the office if all of the other conditions of this section are met.

(6) The board shall be authorized to assess the need for dental hygiene services in nursing facilities and correctional facilities and authorize the general supervision of dental hygienists in those facilities, provided that such dental hygiene services are provided in accordance with all of the conditions of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.