WSR 06-07-093

PROPOSED RULES

DEPARTMENT OF HEALTH


(Dental Quality Assurance Commission)

[ Filed March 15, 2006, 2:07 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-09-055.

Title of Rule and Other Identifying Information: The rule being amended is WAC 246-817-560 Acts that may be performed by dental hygienists under close supervision. The amendment adds "placement of antimicrobials" to the list of acts that may be performed by a dental hygienist under the close supervision of a licensed dentist. This rule is being amended as a result of 2003 legislation, chapter 257, Laws of 2003 (RCW 18.29.050). The legislation amended the dental hygiene statute to allow hygienists to place antimicrobials. WAC 246-817-560 Delegations of duties, is being amended to reflect the level of dental supervision required for the function.

Hearing Location(s): Department of Health, Point Plaza East, Room 152-153, 310 Israel Road S.E., Tumwater, WA 98501, on May 18, 2006, at 7:00 p.m.

Date of Intended Adoption: May 18, 2006.

Submit Written Comments to: Lisa Anderson, Program Manager, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA 98504-7867, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by May 1, 2006.

Assistance for Persons with Disabilities: Contact Lisa Anderson, Program Manager, by May 1, 2006, TTY 211 or (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule establishes the level of dental supervision required when a dental hygienist places antimicrobials. Although the statute was amended in the dental hygiene law, chapter 18.29 RCW, during the 2003 legislative session, the delegation of duties rules are located in the Dental Practice Act under WAC 246-817-500 series, and need to be updated to add this function. The anticipated effect is that the rule [will] establish the standards of practice and level of dental supervision required when dental hygienists place antimicrobial drugs.

Reasons Supporting Proposal: The delegations of duties rule needs to be updated to reflect the law to add the function, placement of antimicrobials, and to establish the level of dental supervision required for the placement of antimicrobials by dental hygienists.

Statutory Authority for Adoption: RCW 18.32.0365.

Statute Being Implemented: RCW 18.29.050(2).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington State Dental Hygiene Association, private; and the dental quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Anderson, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4863.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required. This rule does not impose more than minor costs under RCW 19.85.030, but simply establishes the level of dental supervision required for dental hygienists to place antimicrobials.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Lisa Anderson, Dental Quality Assurance Commission, P.O. Box 47867, Olympia, WA 98504-7867.

March 2, 2006

Joy N. King

Executive Director

OTS-8517.2


AMENDATORY SECTION(Amending WSR 95-21-041, filed 10/10/95, effective 11/10/95)

WAC 246-817-560   Acts that may be performed by licensed dental hygienists under close supervision.   In addition to the acts performed under WAC 246-817-520, a dentist may allow a dental hygienist licensed under the provisions of chapter 18.29 RCW to perform the following acts under the dentist's close supervision:

(1) Perform soft-tissue curettage.

(2) Give injections of a local anesthetic.

(3) Place restorations into the cavity prepared by the dentist, and thereafter could carve, contour, and adjust contacts and occlusion of the restoration.

(4) Administer nitrous oxide analgesia.

(5) Place antimicrobials.

[Statutory Authority: RCW 18.32.035. 95-21-041, 246-817-560, filed 10/10/95, effective 11/10/95.]

Washington State Code Reviser's Office