H. B. No. 311 As Introduced

Representatives White, McGregor, Setzer, Schaffer, Oelslager, Coley, Allen, Peterson, Hood, Flowers, Brown, C. Evans

A BILL

To amend section 4715.39 of the Revised Code to allow 1
a dental assistant to apply pit and fissure 2
sealants under certain circumstances. 3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4715.39 of the Revised Code be 4
amended to read as follows: 5

       Sec. 4715.39. (A) The state dental board may define the 6
duties that may be performed by dental assistants and other 7
individuals designated by the board as qualified personnel. If 8
defined, the duties shall be defined in rules adopted in 9
accordance with Chapter 119. of the Revised Code. The rules may 10
include training and practice standards for dental assistants and 11
other qualified personnel. The standards may include examination 12
and issuance of a certificate. If the board issues a certificate, 13
the recipient shall display the certificate in a conspicuous 14
location in any office in which the recipient is employed to 15
perform the duties authorized by the certificate. 16

        (B) A dental assistant may polish the clinical crowns of 17
teeth if all of the following requirements are met: 18

       (1) The dental assistant's polishing activities are limited 19
to the use of a rubber cup attached to a slow-speed rotary dental 20
hand piece to remove soft deposits that build up over time on the 21
crowns of teeth. 22

       (2) The polishing is performed only after a dentist has 23
evaluated the patient and any calculus detected on the teeth to be 24
polished has been removed by a dentist or dental hygienist. 25

       (3) The dentist supervising the assistant supervises not more 26
than two dental assistants engaging in polishing activities at any 27
given time. 28

       (4) The dental assistant is certified by the dental assisting 29
national board or the Ohio commission on dental assistant 30
certification. 31

       (5) The dental assistant receives a certificate from the 32
board authorizing the assistant to engage in the polishing 33
activities. The board shall issue the certificate if the 34
individual has successfully completed training in the polishing of 35
clinical crowns through a program accredited by the commission on 36
dental accreditation or equivalent training approved by the board. 37
The training shall include courses in basic dental anatomy and 38
infection control, followed by a course in coronal polishing that 39
includes didactic, preclinical, and clinical training; any other 40
training required by the board; and a skills assessment that 41
includes successful completion of standardized testing. The board 42
shall adopt rules pursuant to division (A) of this section 43
establishing standards for approval of this training. 44

       (C) A dental assistant may apply pit and fissure sealants if 45
all of the following requirements are met: 46

        (1) The application of sealant is performed only after a 47
dentist has evaluated the patient and designated the teeth and 48
surfaces that will benefit from the application. 49

        (2) The dental assistant is certified by the dental assisting 50
national board or the Ohio commission on dental assistant 51
certification. 52

        (3) The dental assistant has successfully completed a course 53
in the application of sealants consisting of at least two hours of 54
didactic instruction and two hours of clinical instruction through 55
a program provided by an institution accredited by the American 56
dental association commission on dental accreditation or a program 57
provided by a sponsor of continuing education approved by the 58
board. 59

        (4) The dentist supervising the assistant has observed the 60
assistant successfully apply at least six sealants. 61

       (D) Subject to this section and the applicable rules of the 62
board, licensed dentists may assign to dental assistants and other 63
qualified personnel dental procedures that do not require the 64
professional competence or skill of the licensed dentist or dental 65
hygienist as this section or the board by rule authorizes dental 66
assistants and other qualified personnel to perform. The 67
performance of dental procedures by dental assistants and other 68
qualified personnel shall be under direct supervision and full 69
responsibility of the licensed dentist. 70

       ~~(D)~~(E) Nothing in this section shall be construed by rule of 71
the state dental board or otherwise to do the following: 72

       (1) Authorize dental assistants or other qualified personnel 73
to engage in the practice of dental hygiene as defined by sections 74
4715.22 and 4715.23 of the Revised Code or to perform the duties 75
of a dental hygienist, including the removal of calcarious 76
deposits, dental cement, or accretions on the crowns and roots of 77
teeth other than as authorized pursuant to this section; 78

       (2) Authorize the assignment of any of the following: 79

       (a) Diagnosis; 80

       (b) Treatment planning and prescription, including 81
prescription for drugs and medicaments or authorization for 82
restorative, prosthodontic, or orthodontic appliances; 83

       (c) Surgical procedures on hard or soft tissue of the oral 84
cavity, or any other intraoral procedure that contributes to or 85
results in an irremediable alteration of the oral anatomy; 86

       (d) The making of final impressions from which casts are made 87
to construct any dental restoration. 88

       ~~(E)~~(F) No dentist shall assign any dental assistant or other 89
individual acting in the capacity of qualified personnel to 90
perform any dental procedure that the assistant or other 91
individual is not authorized by this section or by board rule to 92
perform. No dental assistant or other individual acting in the 93
capacity of qualified personnel shall perform any dental procedure 94
other than in accordance with this section and any applicable 95
board rule or any dental procedure that the assistant or other 96
individual is not authorized by this section or by board rule to 97
perform. 98

       Section 2. That existing section 4715.39 of the Revised Code 99
is hereby repealed. 100

Section 1. That section 4715.39 of the Revised Code be	4
amended to read as follows:	5

Sec. 4715.39. (A) The state dental board may define the	6
duties that may be performed by dental assistants and other	7
individuals designated by the board as qualified personnel. If	8
defined, the duties shall be defined in rules adopted in	9
accordance with Chapter 119. of the Revised Code. The rules may	10
include training and practice standards for dental assistants and	11
other qualified personnel. The standards may include examination	12
and issuance of a certificate. If the board issues a certificate,	13
the recipient shall display the certificate in a conspicuous	14
location in any office in which the recipient is employed to	15
perform the duties authorized by the certificate.	16

(B) A dental assistant may polish the clinical crowns of	17
teeth if all of the following requirements are met:	18

(1) The dental assistant's polishing activities are limited	19
to the use of a rubber cup attached to a slow-speed rotary dental	20
hand piece to remove soft deposits that build up over time on the	21
crowns of teeth.	22

(2) The polishing is performed only after a dentist has	23
evaluated the patient and any calculus detected on the teeth to be	24
polished has been removed by a dentist or dental hygienist.	25

(3) The dentist supervising the assistant supervises not more	26
than two dental assistants engaging in polishing activities at any	27
given time.	28

(4) The dental assistant is certified by the dental assisting	29
national board or the Ohio commission on dental assistant	30
certification.	31

(5) The dental assistant receives a certificate from the	32
board authorizing the assistant to engage in the polishing	33
activities. The board shall issue the certificate if the	34
individual has successfully completed training in the polishing of	35
clinical crowns through a program accredited by the commission on	36
dental accreditation or equivalent training approved by the board.	37
The training shall include courses in basic dental anatomy and	38
infection control, followed by a course in coronal polishing that	39
includes didactic, preclinical, and clinical training; any other	40
training required by the board; and a skills assessment that	41
includes successful completion of standardized testing. The board	42
shall adopt rules pursuant to division (A) of this section	43
establishing standards for approval of this training.	44

(C) A dental assistant may apply pit and fissure sealants if	45
all of the following requirements are met:	46

(1) The application of sealant is performed only after a	47
dentist has evaluated the patient and designated the teeth and	48
surfaces that will benefit from the application.	49

(2) The dental assistant is certified by the dental assisting	50
national board or the Ohio commission on dental assistant	51
certification.	52

(3) The dental assistant has successfully completed a course	53
in the application of sealants consisting of at least two hours of	54
didactic instruction and two hours of clinical instruction through	55
a program provided by an institution accredited by the American	56
dental association commission on dental accreditation or a program	57
provided by a sponsor of continuing education approved by the	58
board.	59

(4) The dentist supervising the assistant has observed the	60
assistant successfully apply at least six sealants.	61

(D) Subject to this section and the applicable rules of the	62
board, licensed dentists may assign to dental assistants and other	63
qualified personnel dental procedures that do not require the	64
professional competence or skill of the licensed dentist or dental	65
hygienist as this section or the board by rule authorizes dental	66
assistants and other qualified personnel to perform. The	67
performance of dental procedures by dental assistants and other	68
qualified personnel shall be under direct supervision and full	69
responsibility of the licensed dentist.	70

~~(D)~~(E) Nothing in this section shall be construed by rule of	71
the state dental board or otherwise to do the following:	72

(1) Authorize dental assistants or other qualified personnel	73
to engage in the practice of dental hygiene as defined by sections	74
4715.22 and 4715.23 of the Revised Code or to perform the duties	75
of a dental hygienist, including the removal of calcarious	76
deposits, dental cement, or accretions on the crowns and roots of	77
teeth other than as authorized pursuant to this section;	78

(b) Treatment planning and prescription, including	81
prescription for drugs and medicaments or authorization for	82
restorative, prosthodontic, or orthodontic appliances;	83

(c) Surgical procedures on hard or soft tissue of the oral	84
cavity, or any other intraoral procedure that contributes to or	85
results in an irremediable alteration of the oral anatomy;	86

(d) The making of final impressions from which casts are made	87
to construct any dental restoration.	88

~~(E)~~(F) No dentist shall assign any dental assistant or other	89
individual acting in the capacity of qualified personnel to	90
perform any dental procedure that the assistant or other	91
individual is not authorized by this section or by board rule to	92
perform. No dental assistant or other individual acting in the	93
capacity of qualified personnel shall perform any dental procedure	94
other than in accordance with this section and any applicable	95
board rule or any dental procedure that the assistant or other	96
individual is not authorized by this section or by board rule to	97
perform.	98

Section 2. That existing section 4715.39 of the Revised Code	99
is hereby repealed.	100