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Introduced Version House Bill 2806 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2806


(By Delegates Martin, Hatfield,
Brown, Caputo and Beach)
[Introduced January 9, 2008; referred to the
Committee on Health and Human Resources then the Judiciary.]



A BILL to amend and reenact §30-4-3 and §30-4-17 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Dental Practice Act; and providing settings in which a dental hygienist may perform their duties without direct supervision.

Be it enacted by the Legislature of West Virginia:
That §30-4-3 and §30-4-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-3. Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(1) "Approved dental hygiene program" means a program that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the commission on dental accreditation of the American Dental Association.
(2) "Approved dental school, college or dental department of a university" means a dental school, college or dental department of a university that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the commission on dental accreditation of the American Dental Association.
(3) "Authorize" means that the dentist is giving permission or approval to dental auxiliary personnel to perform delegated procedures in accordance with the dentist's diagnosis and treatment plan.
(4) "Board" means the West Virginia Board of Dental Examiners;
(5) "Certificate of qualification" means a certificate authorizing a dentist to practice a specialty.
(6) "Delegated procedures" means those procedures specified by law or by rule of the board and performed by dental auxiliary personnel under the direct supervision of a licensed dentist.
(7) "Dental assistant" means a person qualified by education, training and experience who aids or assists a dentist in the delivery of patient care in accordance with delegated procedures or who may perform nonclinical duties in the dental office: Provided, That no occupational title other than dental assistant shall be used to describe this auxiliary.
(8) "Dental auxiliary personnel" or "auxiliary" means dental hygienists and dental assistants who assist the dentist in the provision of oral health care services to patients.
(9) "Dental hygienist" means a person licensed by the board who provides preventative oral health care services to patients in the dental office various settings: Provided, That no occupational title other than dental hygienist may be used to describe this auxiliary.
(10) "Dental laboratory" means a dental laboratory as defined in section one, article four-b of this chapter.
(11) "Dental office" means the place where the licensed dentist and dental auxiliary personnel are practicing dentistry.
(12) "Dental prosthesis" means an artificial appliance fabricated to replace one or more teeth or other oral or peri-oral structure in order to restore or alter function or aesthetics.
(13) "Dentist" means an individual licensed by the board to practice dentistry.
(14) "Dentistry" means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures provided by a dentist.
(15) "Direct supervision" means supervision of dental auxiliary personnel provided by a licensed dentist who is physically present in the dental office.
(16) "Good moral character" means a lack of history of dishonesty.
(17) "License" means a license to practice dentistry or dental hygiene.
(18) "Licensee" means a person holding a license.
(19) "Specialty" means the practice of a certain branch of dentistry.
§30-4-17. Scope of practice; dental hygienist.
(a) The practice of dental hygiene includes the following:
(1) Performing a complete prophylaxis, including the removal of any deposit, accretion or stain from the surface of a tooth or a restoration;
(2) Applying a medicinal agent to a tooth for a prophylactic purpose;
(3) Taking a dental X-ray;
(4) Instructing a patient on proper oral hygiene practice;
(5) Performing all delegated procedures of a dental hygienist specified by rule by the board; and
(6) Performing all delegated procedures of a dental assistant specified by rule by the board.
(b) A licensed dental hygienist may also perform any duties set forth in this section without direct supervision in the following settings: Hospitals; schools; prisons; community clinics; long-term care facilities; nursing homes; home health agencies; group homes; state institutions under the Department of Health and Human Resources; public health facilities; and accredited dental hygiene education programs.



NOTE: The purpose of this bill is to provide settings in which a dental hygienist may perform their duties without direct supervision.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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