H. B. 4691
(By Delegates Hatfield, Brown, Perdue, Caputo,
Marshall and Mahan)
[Introduced February 22, 2006; 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 amending
certain provisions involving dental hygienists; and for
providing for settings in which a dental hygienist may perform
various 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 perform any duties set
forth in this section without direct supervision in the following
settings: (i) Hospitals; (ii) schools; (iii) prisons; (iv) community clinics; (v) long-term care facilities; (vi) nursing
homes; (vii) home health agencies; (viii) group homes; (ix) state
institutions under the Department of Health and Human Resources;
(x) public health facilities; and (xi) 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.