COMMITTEE SUBSTITUTE

FOR

H. B. 4077

(By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye,

Poore, Staggers, Ferns, Ellington, J. Miller and Rowan)

(Originating in the Committee on Finance)

[February 24, 2012]

A BILL to amend §30-4-17 of the Code of West Virginia, 1931, as amended, relating to activities that may be performed by a dental hygienist without a prior exam by a dentist.

Be it enacted by the Legislature of West Virginia:

    That §30-4-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.

§30-4-17. Scope of practice; dental hygienist.

    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) Placing sealants on a patient’s teeth without a prior examination by a licensed dentist: Provided, That for this subdivision, the dental hygienist has a Public Health Practice permit issued by the West Virginia Board of Dental Examiners, and under a collaborative agreement with a supervising dentist and the patient is referred for a dental examination within six months of sealant application.

    (5) (6) Performing all delegated procedures of a dental hygienist specified by rule by the board; and

    (6) (7) Performing all delegated procedures of a dental assistant specified by rule by the board.