Article 14.--REGULATION OF DENTISTS AND DENTAL HYGIENISTS
65-1456.Dental hygienists; suspension or revocationof licenses,when; notice and hearing; practice of dental hygiene defined; rules andregulations; supervision defined;where performance of practice authorized, issuance of permits therefor;authorized activities,requirements.(a) The board may suspend or revoke the license of any dentist who shall permitanydental hygienist operating under such dentist's supervisionto perform any operation other than that permitted under the provisionsof article 14 of chapter 65 of the Kansas Statutes Annotated, or actsamendatory thereof, and maysuspend or revoke the license of any hygienist found guilty of performingany operation other than those permitted under article 14 of chapter 65of the Kansas Statutes Annotated, or acts amendatory thereof. No licenseof any dentist or dental hygienist shall be suspended orrevoked in any administrative proceedings without first complying with thenotice and hearing requirements of the Kansas administrative procedure act.
(b) The practice of dental hygiene shall include those educational,preventive,and therapeutic procedures which result in the removal of extraneous deposits,stains and debris from the teeth and the rendering of smooth surfaces ofthe teeth to the depths of the gingival sulci. Included among thoseeducational,preventive and therapeutic procedures are the instruction of the patientas to daily personal care, protecting the teeth from dental caries, thescaling and polishing of the crown surfaces and the planing of the rootsurfaces, in addition to the curettage of those soft tissues lining thefree gingiva to the depth of the gingival sulcus and such additionaleducational,preventive and therapeutic procedures as the board may establish by rulesand regulations.
(c) Subject to such prohibitions, limitations and conditions as theboard mayprescribe by rules and regulations, any licensed dental hygienist may practicedental hygiene and may also perform such dental service as maybe performed by a dental assistant under the provisions of K.S.A. 65-1423and amendments thereto.
(d) Except as otherwise provided in this section, the practice ofdental hygiene shall be performed under the direct orgeneral supervision of a licensed dentist at the office of suchlicensed dentist.The board shall designate by rules and regulations the procedures which maybeperformed by a dental hygienist under direct supervision and the procedureswhich may be performed under general supervision of a licensed dentist.As used in this section: (1) "Direct supervision" means that the dentistis in the dental office,personallydiagnoses the condition to be treated, personally authorizes the procedureand before dismissal of the patient evaluates the performance; and (2)"general supervision"means a Kansas licensed dentist may delegate verbally or by writtenauthorization theperformance of a service, task or procedure to a licensed dental hygienistunder the supervision and responsibility of the dentist, if the dentalhygienist is licensed to perform the function, and the supervising dentistexamines the patient at the time the dental hygiene procedure is performed, orduring the 12 calendar months preceding the performance of the procedure,exceptthat the licensed hygienist shall not be permitted to diagnose a dental diseaseor ailment, prescribe any treatment or a regimen thereof, prescribe, order ordispense medication or perform any procedure which is irreversible or whichinvolves the intentional cutting of the soft or hard tissue by any means. Adentist is not required to be on the premises at the time a hygienist performsa function delegated under part (2) of this subsection.
(e) The practice of dental hygiene may be performed at an adult care home,hospital long-term care unit, state institution, local health department orindigent health careclinic on a resident of a facility, client or patient thereof so long as:
(1) A licensed dentist has delegated the performance of the service, task orprocedure;
(2) the dental hygienist is under the supervision and responsibility of thedentist;
(3) either the supervising dentist is personally present or the services,tasksand procedures are limited to the cleaning of teeth, education and preventivecare;
(4) the supervising dentist examines the patient at the time the dentalhygiene procedure is performed or has examined the patient during the 12calendar months precedingperformance of the procedure; and
(f) The practice of dental hygiene may be performed with consent of theparentorlegal guardian, on children participating in residential andnonresidential centers for therapeutic services, on all children in familieswhichare receiving family preservation services, on all children in the custody ofthesecretary of social and rehabilitation services or the commissioner of juvenilejustice authority and in an out-of-home placementresiding in foster care homes, on children being served byrunaway youth programs and homeless shelters; and on children birth to fiveand children in public and nonpublic schools kindergarten through grade 12regardless ofthe time of year and children participating in youth organizations, so long assuch children birth to five, in public or nonpublic schools or participating inyouth organizations also meetthe requirements of medicaid, healthwave, or free or reduced lunch programs orIndian health services; at anystate correctional institution, localhealth department or indigent health care clinic, as defined in K.S.A. 65-1466,and amendments thereto, and at any federally qualified health center,federallyqualified health center look-alike or a community health center that receivesfunding from section 330 of the health center consolidation act, on a person,inmate, client or patient thereof and on otherpersons as may be defined by the board;so long as:
(1) The dental hygienist has received an "extended care permit" from theKansas dental board specifying that the dental hygienist has performed1,200 hours of dental hygiene care within the past threeyears or has been an instructor at an accredited dentalhygiene program for twoacademic years within the past three years;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state ofKansas, including a signed agreement stating that the dentist shall monitor thedental hygienist's activities, except such dentist shall not monitor more thanfive dental hygienists with an extended care permit;
(4) the tasks and procedures are limited to: (A) removal of extraneousdeposits, stains and debris from the teeth and the rendering of smooth surfacesof the teeth to the depths of the gingival sulci; (B) the application oftopical anesthetic if the dental hygienist hascompleted the required course of instruction approved by the dental board;(C) the application offluoride; (D) dental hygiene instruction;(E) assessment of the patient'sapparent need for further evaluation by a dentist to diagnose the presence ofdental caries and other abnormalities; and (F) other dutiesas may be delegatedverbally or in writing by the sponsoring dentists consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that theservices are preventive in nature and do not constitute a comprehensive dentaldiagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report oftreatment to the sponsoring dentist and any other dental or medical supervisorat a participating organization found in this subsection; and
(7) any payment to the dental hygienist for dental hygiene services isreceived from the sponsoring dentist or the participating organization found inthis subsection.
(g) The practice of dental hygiene may be performedon persons with developmental disabilities and on persons who are65 years and older who live in a residential center,an adult care home, subsidized housing, hospital long-term care unit,state institution or are served in a community senior service center,elderly nutrition program or at the home of a homeboundperson who qualifies for the federal home and community based service (HCBS)waiver on a resident of a facility, client or patient thereof so long as:
(1) The dental hygienist has received an "extended care permit II" from theKansas dental board specifying that the dental hygienist has: (A) performed1,800 hours of dental hygiene care or has been an instructor at an accrediteddental hygiene program for two academicyears within the past three years; and(B) completed six hours of training on the care of special needs patients orother training as may be accepted by the board;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state ofKansas, including a signed agreement stating that the dentist shall monitor thedental hygienist's activities, except such dentist shall not monitor more thanfive dental hygienists with an extended care permit II;
(4) the tasks and procedures are limited to: (A) removal of extraneousdeposits,stains and debris from the teeth and the rendering of smooth surfaces of theteeth to the depths of the gingival sulci; (B) the application of topicalanesthetic if the dental hygienist hascompleted the required course of instruction approved by the dental board;(C) the application of fluoride; (D)dental hygiene instruction; (E) assessment of the patient'sapparent need forfurther evaluation by a dentist to diagnose the presence of dental caries andother abnormalities; and (F) other duties as may be delegatedverbally or inwriting by the sponsoring dentist consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that theservices are preventive in nature and do not constitute comprehensive dentaldiagnosis and care;
(6) the dental hygienist provides a copy of the findings and the reportof treatment to the sponsoring dentist and any other dental or medicalsupervisor at a participating organization found in this subsection;
(7) any payment to the dental hygienist for dental hygiene services isreceived from the sponsoring dentist or the participating organization found inthis subsection; and
(8) the dental hygienist completes a minimum of six hours of education in thearea of special needs care within the board's continuing dental educationrequirements for relicensure.
(h) In addition to the duties specifically mentioned in subsection (b) ofK.S.A. 65-1456, and amendments thereto, any duly licenseddentalhygienist may:
(1) Give fluoride treatments as a prophylactic measure, as defined by theUnited States public health service and as recommended for use in dentistry;
(2) remove overhanging restoration margins and periodontal surgery materialsby hand scaling instruments; and
(3) administer local block and infiltration anaesthesia and nitrous oxide.(A) The administration of local anaesthesia shall be performed underthedirect supervision of a licensed dentistexcept that topicallyapplied local anaesthesia, as defined by the board, may be administered underthe general supervision of a licensed dentist. (B) Each dental hygienist whoadministers local anaesthesiaregardless of the typeshall havecompleted courses of instruction in local anaesthesia and nitrous oxide whichhave been approved by the board.
(i) (1) The courses of instruction required in subsection(h)(3)(B) shall provide a minimum of 12 hours ofinstruction at a teaching institution accredited by the American dentalassociation.
(2) The courses of instruction shall include courses whichprovide both didactic and clinical instruction in: (A) Theory of pain control;(B)anatomy; (C) medical history; (D) pharmacology; and (E) emergencies andcomplications.
(3) Certification in cardiac pulmonary resuscitation shall be required inall cases.
(j) The board is authorized to issue to a qualified dental hygienist anextended care permit or extended care permit II as provided in subsections (f)and (g) of this section.
(k) Nothing in this section shall be construed to prevent a dental hygienistfrom providing dental hygiene instruction or visual oral health care screeningsor fluoride applications in a school or community based settingregardless of the age of the patient.
Article 14.--REGULATION OF DENTISTS AND DENTAL HYGIENISTS
65-1456.Dental hygienists; suspension or revocationof licenses,when; notice and hearing; practice of dental hygiene defined; rules andregulations; supervision defined;where performance of practice authorized, issuance of permits therefor;authorized activities,requirements.(a) The board may suspend or revoke the license of any dentist who shall permitanydental hygienist operating under such dentist's supervisionto perform any operation other than that permitted under the provisionsof article 14 of chapter 65 of the Kansas Statutes Annotated, or actsamendatory thereof, and maysuspend or revoke the license of any hygienist found guilty of performingany operation other than those permitted under article 14 of chapter 65of the Kansas Statutes Annotated, or acts amendatory thereof. No licenseof any dentist or dental hygienist shall be suspended orrevoked in any administrative proceedings without first complying with thenotice and hearing requirements of the Kansas administrative procedure act.
(b) The practice of dental hygiene shall include those educational,preventive,and therapeutic procedures which result in the removal of extraneous deposits,stains and debris from the teeth and the rendering of smooth surfaces ofthe teeth to the depths of the gingival sulci. Included among thoseeducational,preventive and therapeutic procedures are the instruction of the patientas to daily personal care, protecting the teeth from dental caries, thescaling and polishing of the crown surfaces and the planing of the rootsurfaces, in addition to the curettage of those soft tissues lining thefree gingiva to the depth of the gingival sulcus and such additionaleducational,preventive and therapeutic procedures as the board may establish by rulesand regulations.
(c) Subject to such prohibitions, limitations and conditions as theboard mayprescribe by rules and regulations, any licensed dental hygienist may practicedental hygiene and may also perform such dental service as maybe performed by a dental assistant under the provisions of K.S.A. 65-1423and amendments thereto.
(d) Except as otherwise provided in this section, the practice ofdental hygiene shall be performed under the direct orgeneral supervision of a licensed dentist at the office of suchlicensed dentist.The board shall designate by rules and regulations the procedures which maybeperformed by a dental hygienist under direct supervision and the procedureswhich may be performed under general supervision of a licensed dentist.As used in this section: (1) "Direct supervision" means that the dentistis in the dental office,personallydiagnoses the condition to be treated, personally authorizes the procedureand before dismissal of the patient evaluates the performance; and (2)"general supervision"means a Kansas licensed dentist may delegate verbally or by writtenauthorization theperformance of a service, task or procedure to a licensed dental hygienistunder the supervision and responsibility of the dentist, if the dentalhygienist is licensed to perform the function, and the supervising dentistexamines the patient at the time the dental hygiene procedure is performed, orduring the 12 calendar months preceding the performance of the procedure,exceptthat the licensed hygienist shall not be permitted to diagnose a dental diseaseor ailment, prescribe any treatment or a regimen thereof, prescribe, order ordispense medication or perform any procedure which is irreversible or whichinvolves the intentional cutting of the soft or hard tissue by any means. Adentist is not required to be on the premises at the time a hygienist performsa function delegated under part (2) of this subsection.
(e) The practice of dental hygiene may be performed at an adult care home,hospital long-term care unit, state institution, local health department orindigent health careclinic on a resident of a facility, client or patient thereof so long as:
(1) A licensed dentist has delegated the performance of the service, task orprocedure;
(2) the dental hygienist is under the supervision and responsibility of thedentist;
(3) either the supervising dentist is personally present or the services,tasksand procedures are limited to the cleaning of teeth, education and preventivecare;
(4) the supervising dentist examines the patient at the time the dentalhygiene procedure is performed or has examined the patient during the 12calendar months precedingperformance of the procedure; and
(f) The practice of dental hygiene may be performed with consent of theparentorlegal guardian, on children participating in residential andnonresidential centers for therapeutic services, on all children in familieswhichare receiving family preservation services, on all children in the custody ofthesecretary of social and rehabilitation services or the commissioner of juvenilejustice authority and in an out-of-home placementresiding in foster care homes, on children being served byrunaway youth programs and homeless shelters; and on children birth to fiveand children in public and nonpublic schools kindergarten through grade 12regardless ofthe time of year and children participating in youth organizations, so long assuch children birth to five, in public or nonpublic schools or participating inyouth organizations also meetthe requirements of medicaid, healthwave, or free or reduced lunch programs orIndian health services; at anystate correctional institution, localhealth department or indigent health care clinic, as defined in K.S.A. 65-1466,and amendments thereto, and at any federally qualified health center,federallyqualified health center look-alike or a community health center that receivesfunding from section 330 of the health center consolidation act, on a person,inmate, client or patient thereof and on otherpersons as may be defined by the board;so long as:
(1) The dental hygienist has received an "extended care permit" from theKansas dental board specifying that the dental hygienist has performed1,200 hours of dental hygiene care within the past threeyears or has been an instructor at an accredited dentalhygiene program for twoacademic years within the past three years;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state ofKansas, including a signed agreement stating that the dentist shall monitor thedental hygienist's activities, except such dentist shall not monitor more thanfive dental hygienists with an extended care permit;
(4) the tasks and procedures are limited to: (A) removal of extraneousdeposits, stains and debris from the teeth and the rendering of smooth surfacesof the teeth to the depths of the gingival sulci; (B) the application oftopical anesthetic if the dental hygienist hascompleted the required course of instruction approved by the dental board;(C) the application offluoride; (D) dental hygiene instruction;(E) assessment of the patient'sapparent need for further evaluation by a dentist to diagnose the presence ofdental caries and other abnormalities; and (F) other dutiesas may be delegatedverbally or in writing by the sponsoring dentists consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that theservices are preventive in nature and do not constitute a comprehensive dentaldiagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report oftreatment to the sponsoring dentist and any other dental or medical supervisorat a participating organization found in this subsection; and
(7) any payment to the dental hygienist for dental hygiene services isreceived from the sponsoring dentist or the participating organization found inthis subsection.
(g) The practice of dental hygiene may be performedon persons with developmental disabilities and on persons who are65 years and older who live in a residential center,an adult care home, subsidized housing, hospital long-term care unit,state institution or are served in a community senior service center,elderly nutrition program or at the home of a homeboundperson who qualifies for the federal home and community based service (HCBS)waiver on a resident of a facility, client or patient thereof so long as:
(1) The dental hygienist has received an "extended care permit II" from theKansas dental board specifying that the dental hygienist has: (A) performed1,800 hours of dental hygiene care or has been an instructor at an accrediteddental hygiene program for two academicyears within the past three years; and(B) completed six hours of training on the care of special needs patients orother training as may be accepted by the board;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state ofKansas, including a signed agreement stating that the dentist shall monitor thedental hygienist's activities, except such dentist shall not monitor more thanfive dental hygienists with an extended care permit II;
(4) the tasks and procedures are limited to: (A) removal of extraneousdeposits,stains and debris from the teeth and the rendering of smooth surfaces of theteeth to the depths of the gingival sulci; (B) the application of topicalanesthetic if the dental hygienist hascompleted the required course of instruction approved by the dental board;(C) the application of fluoride; (D)dental hygiene instruction; (E) assessment of the patient'sapparent need forfurther evaluation by a dentist to diagnose the presence of dental caries andother abnormalities; and (F) other duties as may be delegatedverbally or inwriting by the sponsoring dentist consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that theservices are preventive in nature and do not constitute comprehensive dentaldiagnosis and care;
(6) the dental hygienist provides a copy of the findings and the reportof treatment to the sponsoring dentist and any other dental or medicalsupervisor at a participating organization found in this subsection;
(7) any payment to the dental hygienist for dental hygiene services isreceived from the sponsoring dentist or the participating organization found inthis subsection; and
(8) the dental hygienist completes a minimum of six hours of education in thearea of special needs care within the board's continuing dental educationrequirements for relicensure.
(h) In addition to the duties specifically mentioned in subsection (b) ofK.S.A. 65-1456, and amendments thereto, any duly licenseddentalhygienist may:
(1) Give fluoride treatments as a prophylactic measure, as defined by theUnited States public health service and as recommended for use in dentistry;
(2) remove overhanging restoration margins and periodontal surgery materialsby hand scaling instruments; and
(3) administer local block and infiltration anaesthesia and nitrous oxide.(A) The administration of local anaesthesia shall be performed underthedirect supervision of a licensed dentistexcept that topicallyapplied local anaesthesia, as defined by the board, may be administered underthe general supervision of a licensed dentist. (B) Each dental hygienist whoadministers local anaesthesiaregardless of the typeshall havecompleted courses of instruction in local anaesthesia and nitrous oxide whichhave been approved by the board.
(i) (1) The courses of instruction required in subsection(h)(3)(B) shall provide a minimum of 12 hours ofinstruction at a teaching institution accredited by the American dentalassociation.
(2) The courses of instruction shall include courses whichprovide both didactic and clinical instruction in: (A) Theory of pain control;(B)anatomy; (C) medical history; (D) pharmacology; and (E) emergencies andcomplications.
(3) Certification in cardiac pulmonary resuscitation shall be required inall cases.
(j) The board is authorized to issue to a qualified dental hygienist anextended care permit or extended care permit II as provided in subsections (f)and (g) of this section.
(k) Nothing in this section shall be construed to prevent a dental hygienistfrom providing dental hygiene instruction or visual oral health care screeningsor fluoride applications in a school or community based settingregardless of the age of the patient.
Article 14.--REGULATION OF DENTISTS AND DENTAL HYGIENISTS
65-1456.Dental hygienists; suspension or revocationof licenses,when; notice and hearing; practice of dental hygiene defined; rules andregulations; supervision defined;where performance of practice authorized, issuance of permits therefor;authorized activities,requirements.(a) The board may suspend or revoke the license of any dentist who shall permitanydental hygienist operating under such dentist's supervisionto perform any operation other than that permitted under the provisionsof article 14 of chapter 65 of the Kansas Statutes Annotated, or actsamendatory thereof, and maysuspend or revoke the license of any hygienist found guilty of performingany operation other than those permitted under article 14 of chapter 65of the Kansas Statutes Annotated, or acts amendatory thereof. No licenseof any dentist or dental hygienist shall be suspended orrevoked in any administrative proceedings without first complying with thenotice and hearing requirements of the Kansas administrative procedure act.
(b) The practice of dental hygiene shall include those educational,preventive,and therapeutic procedures which result in the removal of extraneous deposits,stains and debris from the teeth and the rendering of smooth surfaces ofthe teeth to the depths of the gingival sulci. Included among thoseeducational,preventive and therapeutic procedures are the instruction of the patientas to daily personal care, protecting the teeth from dental caries, thescaling and polishing of the crown surfaces and the planing of the rootsurfaces, in addition to the curettage of those soft tissues lining thefree gingiva to the depth of the gingival sulcus and such additionaleducational,preventive and therapeutic procedures as the board may establish by rulesand regulations.
(c) Subject to such prohibitions, limitations and conditions as theboard mayprescribe by rules and regulations, any licensed dental hygienist may practicedental hygiene and may also perform such dental service as maybe performed by a dental assistant under the provisions of K.S.A. 65-1423and amendments thereto.
(d) Except as otherwise provided in this section, the practice ofdental hygiene shall be performed under the direct orgeneral supervision of a licensed dentist at the office of suchlicensed dentist.The board shall designate by rules and regulations the procedures which maybeperformed by a dental hygienist under direct supervision and the procedureswhich may be performed under general supervision of a licensed dentist.As used in this section: (1) "Direct supervision" means that the dentistis in the dental office,personallydiagnoses the condition to be treated, personally authorizes the procedureand before dismissal of the patient evaluates the performance; and (2)"general supervision"means a Kansas licensed dentist may delegate verbally or by writtenauthorization theperformance of a service, task or procedure to a licensed dental hygienistunder the supervision and responsibility of the dentist, if the dentalhygienist is licensed to perform the function, and the supervising dentistexamines the patient at the time the dental hygiene procedure is performed, orduring the 12 calendar months preceding the performance of the procedure,exceptthat the licensed hygienist shall not be permitted to diagnose a dental diseaseor ailment, prescribe any treatment or a regimen thereof, prescribe, order ordispense medication or perform any procedure which is irreversible or whichinvolves the intentional cutting of the soft or hard tissue by any means. Adentist is not required to be on the premises at the time a hygienist performsa function delegated under part (2) of this subsection.
(e) The practice of dental hygiene may be performed at an adult care home,hospital long-term care unit, state institution, local health department orindigent health careclinic on a resident of a facility, client or patient thereof so long as:
(1) A licensed dentist has delegated the performance of the service, task orprocedure;
(2) the dental hygienist is under the supervision and responsibility of thedentist;
(3) either the supervising dentist is personally present or the services,tasksand procedures are limited to the cleaning of teeth, education and preventivecare;
(4) the supervising dentist examines the patient at the time the dentalhygiene procedure is performed or has examined the patient during the 12calendar months precedingperformance of the procedure; and
(f) The practice of dental hygiene may be performed with consent of theparentorlegal guardian, on children participating in residential andnonresidential centers for therapeutic services, on all children in familieswhichare receiving family preservation services, on all children in the custody ofthesecretary of social and rehabilitation services or the commissioner of juvenilejustice authority and in an out-of-home placementresiding in foster care homes, on children being served byrunaway youth programs and homeless shelters; and on children birth to fiveand children in public and nonpublic schools kindergarten through grade 12regardless ofthe time of year and children participating in youth organizations, so long assuch children birth to five, in public or nonpublic schools or participating inyouth organizations also meetthe requirements of medicaid, healthwave, or free or reduced lunch programs orIndian health services; at anystate correctional institution, localhealth department or indigent health care clinic, as defined in K.S.A. 65-1466,and amendments thereto, and at any federally qualified health center,federallyqualified health center look-alike or a community health center that receivesfunding from section 330 of the health center consolidation act, on a person,inmate, client or patient thereof and on otherpersons as may be defined by the board;so long as:
(1) The dental hygienist has received an "extended care permit" from theKansas dental board specifying that the dental hygienist has performed1,200 hours of dental hygiene care within the past threeyears or has been an instructor at an accredited dentalhygiene program for twoacademic years within the past three years;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state ofKansas, including a signed agreement stating that the dentist shall monitor thedental hygienist's activities, except such dentist shall not monitor more thanfive dental hygienists with an extended care permit;
(4) the tasks and procedures are limited to: (A) removal of extraneousdeposits, stains and debris from the teeth and the rendering of smooth surfacesof the teeth to the depths of the gingival sulci; (B) the application oftopical anesthetic if the dental hygienist hascompleted the required course of instruction approved by the dental board;(C) the application offluoride; (D) dental hygiene instruction;(E) assessment of the patient'sapparent need for further evaluation by a dentist to diagnose the presence ofdental caries and other abnormalities; and (F) other dutiesas may be delegatedverbally or in writing by the sponsoring dentists consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that theservices are preventive in nature and do not constitute a comprehensive dentaldiagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report oftreatment to the sponsoring dentist and any other dental or medical supervisorat a participating organization found in this subsection; and
(7) any payment to the dental hygienist for dental hygiene services isreceived from the sponsoring dentist or the participating organization found inthis subsection.
(g) The practice of dental hygiene may be performedon persons with developmental disabilities and on persons who are65 years and older who live in a residential center,an adult care home, subsidized housing, hospital long-term care unit,state institution or are served in a community senior service center,elderly nutrition program or at the home of a homeboundperson who qualifies for the federal home and community based service (HCBS)waiver on a resident of a facility, client or patient thereof so long as:
(1) The dental hygienist has received an "extended care permit II" from theKansas dental board specifying that the dental hygienist has: (A) performed1,800 hours of dental hygiene care or has been an instructor at an accrediteddental hygiene program for two academicyears within the past three years; and(B) completed six hours of training on the care of special needs patients orother training as may be accepted by the board;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state ofKansas, including a signed agreement stating that the dentist shall monitor thedental hygienist's activities, except such dentist shall not monitor more thanfive dental hygienists with an extended care permit II;
(4) the tasks and procedures are limited to: (A) removal of extraneousdeposits,stains and debris from the teeth and the rendering of smooth surfaces of theteeth to the depths of the gingival sulci; (B) the application of topicalanesthetic if the dental hygienist hascompleted the required course of instruction approved by the dental board;(C) the application of fluoride; (D)dental hygiene instruction; (E) assessment of the patient'sapparent need forfurther evaluation by a dentist to diagnose the presence of dental caries andother abnormalities; and (F) other duties as may be delegatedverbally or inwriting by the sponsoring dentist consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that theservices are preventive in nature and do not constitute comprehensive dentaldiagnosis and care;
(6) the dental hygienist provides a copy of the findings and the reportof treatment to the sponsoring dentist and any other dental or medicalsupervisor at a participating organization found in this subsection;
(7) any payment to the dental hygienist for dental hygiene services isreceived from the sponsoring dentist or the participating organization found inthis subsection; and
(8) the dental hygienist completes a minimum of six hours of education in thearea of special needs care within the board's continuing dental educationrequirements for relicensure.
(h) In addition to the duties specifically mentioned in subsection (b) ofK.S.A. 65-1456, and amendments thereto, any duly licenseddentalhygienist may:
(1) Give fluoride treatments as a prophylactic measure, as defined by theUnited States public health service and as recommended for use in dentistry;
(2) remove overhanging restoration margins and periodontal surgery materialsby hand scaling instruments; and
(3) administer local block and infiltration anaesthesia and nitrous oxide.(A) The administration of local anaesthesia shall be performed underthedirect supervision of a licensed dentistexcept that topicallyapplied local anaesthesia, as defined by the board, may be administered underthe general supervision of a licensed dentist. (B) Each dental hygienist whoadministers local anaesthesiaregardless of the typeshall havecompleted courses of instruction in local anaesthesia and nitrous oxide whichhave been approved by the board.
(i) (1) The courses of instruction required in subsection(h)(3)(B) shall provide a minimum of 12 hours ofinstruction at a teaching institution accredited by the American dentalassociation.
(2) The courses of instruction shall include courses whichprovide both didactic and clinical instruction in: (A) Theory of pain control;(B)anatomy; (C) medical history; (D) pharmacology; and (E) emergencies andcomplications.
(3) Certification in cardiac pulmonary resuscitation shall be required inall cases.
(j) The board is authorized to issue to a qualified dental hygienist anextended care permit or extended care permit II as provided in subsections (f)and (g) of this section.
(k) Nothing in this section shall be construed to prevent a dental hygienistfrom providing dental hygiene instruction or visual oral health care screeningsor fluoride applications in a school or community based settingregardless of the age of the patient.
