The amendment will increase the scope of practice for both certified dental assists and dental hygienists to include placing, condensing, carving and finishing amalgam and non metallic restorations under the personal supervision of a licensed dentist. These procedures are in agreement with Chapter 300 of the Laws of New York which states that services performed by certified dental assistants and licensed dental hygienists “shall not include diagnosing and/or performing surgical procedures, irreversible procedures or procedures that would alter the hard or soft tissue of the oral and maxillofacial area.”

It is necessary for DHASNY to note the regulations do not increase the scope of practice of certified dental assistants to allow them to perform dental hygiene procedures such as removing calcareous deposits, accretions and stains, including scaling and planing of exposed root surfaces indicated for a complete prophylaxis, application of topical fluoride, or placing pit and fissure sealants. Therefore, the manner in which certified dental assistants perform the proposed services must not overlap into dental hygiene procedures.

The educational requirements and the concept of competency in completion of restorative (or any) procedures which certified dental assistants and dental hygienists perform are clearly defined in the regulations. It should be made very clear that the proposed regulations apply only to dental assistants who are New York certified dental assistants as defined by Education Law Article 133, sections 6608, 6608-a, & 6608-b and those dental assistants without such qualifications who perform allowable procedures for certified dental assistants are engaging in illegal dental practice. These individuals and their dentist-employer will be prosecuted accordingly when reported.

DHASNY considers the amendment a beneficial advancement for all members of the oral health profession and the debate over the passage of Chapter 300 has been useful in informing legislators about the importance of oral health care and all the issues surrounding the professions involved such as the difference in educational levels, procedures performed by each profession, and licensing for dental hygienists and certified dental assistants in New York. We are optimistic that the increase in the scope of practice for the professions affected by the regulations will aid in attracting more qualified members to the dental team and begin to address some of the workforce issues that currently exist in the dental profession. These regulations are a step toward improving access to care will benefit the citizens of New York.

It is clear that the State Education Department has made every effort to inform and include all interested parties in the approval of these proposed regulations. We look forward to maintaining an open dialogue and a continuous working relationship with the Department of Education in an effort to further advance the profession dental hygiene in New York State.