Senate Bill 2215

AN ACT TO AMEND SECTION 73-9-5, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR GENERAL SUPERVISION OF LICENSED DENTAL HYGIENISTS BY LICENSED DENTISTS; TO PROVIDE DEFINITIONS; 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) (a) For purposes of this section:

(i) "Direct supervision" means supervision of a dental hygienist or a dental assistant requiring that a dentist authorize the procedure, remain in the dental facility while the procedure is performed, and approve the work performed by the dental hygienist or dental assistant before dismissal of the patient, but does not mean that the dentist must be present at all times in the treatment room.

(ii) "General supervision" means supervision of a dental hygienist or dental assistant requiring that the patient be a patient of record, that the dentist examine the patient in accordance with paragraph (c) prior to treatment by the dental hygienist, and that the dentist authorize the procedures which are being carried out by a notation in the patient's record, but not requiring that a dentist be present when the authorized procedures are being performed. The authorized procedures may also be performed at a place other than the dentist's usual place of practice. The issuance of a prescription to a dental laboratory by a dentist does not constitute general supervision.

(b) The work of dental hygienists and dental assistants while working in the office of a regularly licensed and registered dentist shall at all times be under the direct or general supervision of the dentist. Dental hygienists in the employ of the State Board of Health or public school boards shall be limited to only performing oral hygiene instruction * * * ~~and~~, screening, or the placement of sealants when under the general supervision and direction of regularly licensed and registered dentists. Dental hygienists recognized by the Board of Dental Examiners when making public demonstrations of dental hygiene for educational purposes shall be under the general supervision and direction of regularly licensed and registered dentists.

(c) Under general supervision, a dental hygienist may provide to patients of record, for not more than five (5) consecutive business days, all dental hygiene services (except local anesthesia and root planing which must be under direct supervision) if all of the following conditions are satisfied:

(i) The dental hygienist has at least three (3) years, or an equivalent amount of experience, in the practice of dental hygiene;

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

(iii) The supervising dentist has examined the patient of record not more than nine (9) months prior to the date that the dental hygienist provides the dental hygiene services;

(iv) 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;

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

(vi) No licensed dental hygienist, under general supervision, may delegate or supervise any dental hygiene duties for an expanded duty dental assistant;

(vii) No entity other than a public institution or school supervised by a Mississippi licensed dentist, or an office owned by a dentist or group of dentists licensed in Mississippi, may employ dental hygienists to provide treatment for patients of record under general supervision;

(viii) No duly licensed and registered dentist shall supervise more than two (2) dental hygienists under general supervision at any one time;

(ix) No patient can be seen twice consecutively under general supervision;

(x) No person shall practice dental hygiene in a manner which is separate or independent from a supervising dentist, or establish or maintain an office or a practice that is primarily devoted to providing dental hygiene services; and

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

(3) The Board of Dental Examiners may prohibit any dental hygienist or other auxiliary personnel from rendering service that it feels is not in the best interest of the public welfare.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.