MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services
By: Representative Felsher
AN ACT TO AMEND SECTION 73-9-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DENTAL HYGIENISTS TO WORK UNDER THE GENERAL SUPERVISION OF A DENTIST IN LICENSED NURSING HOMES UNDER CERTAIN CIRCUMSTANCES AFTER MEETING CERTAIN REQUIREMENTS; 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) 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 supervision of the dentist, except as authorized in section (4) of this section. 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 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.
(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.
(4) (a) Notwithstanding the requirement in subsection (2) of this section for dental hygienists to work under the direct supervision of a dentist, a dental hygienist may work under the general supervision of a dentist in a licensed nursing home as defined Section 73-17-5 or an institution for the aged or infirm as defined in Section 43-11-1, hereinafter referred to collectively as "nursing homes," if:
(i) The dental hygienist has at least four (4) years of full-time practice of dental hygiene;
(ii) The dental hygienist is supervised by a Mississippi licensed dentist;
(iii) The dental hygienist has taken six (6) hours of continuing education on medical emergencies within the last two (2) years or during the hygienist's last preceding licensure cycle;
(iv) The dental hygienist has current CPR certification;
(v) The supervising dentist has examined the patient before work is done by the dental hygienist and subsequently the patient is examined by the supervising dentist at least in nine-month intervals; and
(vi) The dental hygienist complies with emergency protocols established by the supervising dentist and by the nursing home.
(b) A dental hygienist who qualifies under this subsection (4) will have no limit on the number of days that the hygienist may work under the general supervision of a dentist in a nursing home, but must adhere to all of the other restrictions and requirements set forth in this chapter or by the Board of Dental Examiners pertaining to dental hygienists.
(c) For purposes of this subsection (4), a dental hygienist practicing under the general supervision of a dentist in a nursing home may only perform the following functions under general supervision:
(i) Oral prophylaxis and assessment;
(ii) Fluoride treatment;
(iii) Silver diamine fluoride treatment; and
(iv) Oral hygiene instruction and education.
(d) A dentist may supervise a maximum of six (6) dental hygienists working at a nursing home as allowed under this subsection (4).
(e) A Mississippi licensed dentist shall examine, diagnose, and create a treatment plan for a patient before a dental hygienist may perform services under general supervision in a nursing home. The dental hygienist shall notify the supervising dentist of any emergent condition encountered during treatment and note the emergent condition on the patient's file. This paragraph (e) paragraph shall not be construed to allow a dental hygienist to diagnose a patient's condition.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.