SENATE CONCURRENT RESOLUTION NO. 47

(By Senators Bowman, Bailey, Ball, Dawson, Kessler, McCabe, Minard, Plymale, Redd, Walker, Wooton and Boley)


[Originating in the Committee on Government Organization]


Requesting the Joint Committee on Government and Finance conduct an interim study on the provisions of article four, chapter thirty of the code of West Virginia for dentists and dental hygienists.

Whereas, Dentistry is committed to improving the health of the public by providing the highest quality comprehensive dental care, which includes the inseparable components of medical and dental history, examination, diagnosis, treatment planning, treatment services and health maintenance; and
Whereas, Preventive dental care services are an integral part of the comprehensive practice of dentistry and should be rendered in accordance with the needs of the patient as determined by a diagnosis and treatment plan developed and executed by the dentist; and
Whereas, The dentist is ultimately responsible, ethically and legally, for patient care and, in carrying out that responsibility and increasing the capacity of the profession to provide patient care in the most cost-effective manner, the dentist may delegate to auxiliary personnel certain patient care function for which the auxiliary has been trained; and
Whereas, The primary purpose of dentists delegating functions to dental auxiliaries is to increase the capacity of the profession to provide patient care while retaining full responsibility for the quality of care; and
Whereas, Provisions for the delegation of intraoral functions to dental auxiliaries should specify: (1)Education and training requirements; (2)level of supervision; (3) assurance of quality; and (4)regulatory controls to assure protection of the public; and
Whereas, Because of the complexity of the procedures involved and the need to assure protection of the public, intraoral functions assigned dental auxiliaries shall be performed by dental auxiliaries only under the direct supervision of a dentist; and
Whereas, Dental hygiene education programs are designed to prepare a dental hygienist to provide preventive dental services under the direct supervision of a dentist; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance review, examine and study, during the interim of the Legislature, the following:
1) The availability, education and licensing of dental hygienists;
2) Possible revisions to the licensing fees, grounds for discipline and advertising prohibitions for dentists, dental hygienists and dental corporations;
3) Other provisions contained in article four, chapter thirty of the code of West Virginia, as necessary; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2001, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.