2024 -- S 2815

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LC004436

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DENTISTS AND DENTAL

HYGIENISTS

     Introduced By: Senator Roger Picard

     Date Introduced: March 22, 2024

     Referred To: Senate Health & Human Services

     (Executive Office of Health & Human Services)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-31.1-39 of the General Laws in Chapter 5-31.1 entitled "Dentists

and Dental Hygienists" is hereby amended to read as follows:

     5-31.1-39. Public health hygienists.

     (a) Any public health dental hygienist, which for purposes of this chapter means any

practicing registered dental hygienist who may perform dental-hygiene procedures in a public-

health setting subject to conditions adopted by the Rhode Island board of examiners in dentistry,

may perform in a public-health setting, without the immediate or direct supervision or direction of

a dentist, any procedure or provide any service that is within the dental-hygiene scope of practice

that has been authorized and adopted by the Rhode Island board of examiners in dentistry as a

delegable procedure for a dental hygienist under general supervision in a private practice setting.

     (b) Public-health settings shall, for purposes of this section, include, but are not limited to,

residences of the homebound, schools, nursing home and long-term-care facilities, clinics,

hospitals, medical facilities, community health centers licensed or certified by the department of

health, mobile and portable dental-health programs licensed or certified by the department of health

and operated by a local or state agency, head-start programs, and any other facilities or programs

deemed appropriate by the department of health.

     (c) Any public-health hygienist shall enter into a written, collaborative agreement with a

local or state government agency or institution or with a licensed dentist who states that he or she

shall be able to provide the appropriate level of communication and consultation with the dental

hygienist to ensure patient health and safety prior to performing any procedure or providing any

service under this section. The written, collaborative agreement will follow the appropriate

guidelines as determined and established by the Rhode Island board of examiners in dentistry.

     (d) Any public-health dental hygienist shall provide to the patient, or to the patient’s legal

guardian, a consent form to be signed by the patient or legal guardian. The consent form shall be

consistent with current department of health policies that describes services to be rendered and

explains that services rendered are not a substitute for a dental examination by a dentist. The

consent form shall also inform the patient or legal guardian that the patient should obtain a dental

examination by a dentist within ninety (90) days after undergoing a procedure authorized pursuant

to this section. The patient or legal guardian shall also obtain written referral to a dentist and an

assessment of further dental needs.

     (e) The public-health dental hygienist shall be directly reimbursed for services

administered in a public-health setting by Medicaid or the state healthcare insurance program

except as required by federal Medicaid law, but shall not and may seek reimbursement from any

other insurance or third-party payor. A public-health dental hygienist shall not operate

independently of a dentist, except for a dental hygienist working for a local or state government

agency or institution or practicing in a mobile or portable prevention program licensed or certified

by the department of health. In such cases, the local or state government agency or institution or

mobile or portable prevention program licensed or certified by the department of health may seek

reimbursement from any other third-party payor.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DENTISTS AND DENTAL

HYGIENISTS

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     This act would permit reimbursement for dental hygienists from "other insurance" or a

third party payor such as Medicare.

     This act would take effect upon passage.

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