ยง447-3 - Employment of and practice by dental hygienists.
ยง447-3ย Employment of and practice by dental
hygienists.ย (a)ย Any licensed dentist, legally incorporated eleemosynary
dental dispensary or infirmary, private school, welfare center, hospital,
nursing home, adult day care center or assisted living facility, mental
institution, nonprofit health clinic, or the State or any county, may employ
licensed dental hygienists.
(b)ย Clinical dental hygiene may be practiced
by a licensed dental hygienist.ย The practice of clinical dental hygiene is
defined as the removal of hard and soft deposits and stains from the portion of
the crown and root surfaces to the depth of the gingival sulcus, polishing
natural and restored surfaces of teeth, the application of preventive chemical
agents to the coronal surfaces of teeth, which chemical agents have been
approved by the board of dental examiners, and the use of mouth washes approved
by the board, but shall not include the performing of any repair work or the
preparation thereof, or any other operation on the teeth or tissues of the
mouth; provided that nothing in this subsection shall prohibit a dental
hygienist from using or applying topically any chemical agent which has been
approved in writing by the department of health for any of the purposes set
forth in part V of chapter 321, and other procedures delegated by a dentist in
accordance with the rules of the board of dental examiners.
In addition, a licensed dental hygienist may
administer intra-oral infiltration local anesthesia and intra-oral block
anesthesia under the direct supervision of a dentist after being certified by
the board, and for those categories of intra-oral infiltration local anesthesia
and intra-oral block anesthesia for which the licensed dental hygienist has
been certified through a course of study meeting the requirements of this
chapter.
(c)ย A licensed dental hygienist may operate in
the office of any licensed dentist, or legally incorporated eleemosynary dental
dispensary or infirmary, private school, welfare center, hospital, nursing
home, adult day care center or assisted living facility, mental institution,
nonprofit health clinic, or in any building owned or occupied by the State or
any county, but only under the aforesaid employment and under the direct or
general supervision of a licensed dentist; provided that in the private
practice of dentistry, the hygienist shall be under the direct supervision of a
licensed dentist.ย No dental hygienist may establish or operate any separate
care facility which exclusively renders dental hygiene services.
(d)ย A licensed dental hygienist may operate
under the general or direct supervision of any licensed dentist providing
dental services in a public health setting.ย As used in this subsection,
"public health setting" includes dental services in a legally
incorporated eleemosynary dental dispensary or infirmary, private school,
welfare center, hospital, nursing home, adult day care center or assisted
living facility, mental institution, nonprofit health clinic, or the State or
any county.ย A licensed dental hygienist employed in a public health setting
may perform dental education, dental screenings, and fluoride applications.ย
Other permissible duties shall be pre-screened and authorized by a supervising
licensed dentist, subject to the dentist's determination that the equipment and
facilities are appropriate and satisfactory to carry out the recommended
treatment plan.ย No direct reimbursements shall be provided to licensed dental
hygienists. [L 1920, c 7, ยง3; RL 1925, ยง1085; am L 1925, c 33, pt of ยง1; RL 1935,
ยง1002; RL 1945, ยง2183; am L 1945, c 118, ยง3; RL 1955, ยง62-3; am L 1965, c 242,
ยง1; HRS ยง447-3; am L 1970, c 30, ยง1; am L 1971, c 53, ยง1; am L 1985, c 285, ยง1;
am L 1987, c 73, ยง2; am L 1989, c 232, ยง2; am L 1994, c 183, ยง3; am L 1997, c
9, ยง3; am L 1999, c 97, ยง4; am L 2002, c 231, ยง2]