S-0922

AN ACT Relating to the licensing of dental hygienists; amending RCW 18.29.021, 18.29.045, 18.29.050, 18.29.060, and 18.29.130; and adding new sections to chapter 18.29 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the intent and purpose of the legislature to establish a two-tier system of dental hygienist licensure in order to attract the necessary qualified persons to meet the dental hygiene needs of the people of the state of Washington. The existing dental hygienist scope of practice shall apply to the dental hygienist II license. A narrower scope of practice and correspondingly narrower scope of examination and training requirements shall apply to the dental hygienist I license.

NEW SECTION. Sec. 2. There shall be two categories of dental hygienist license as follows:

(1) Dental hygienist I. This license authorizes practice as a dental hygienist under this chapter for the acts and procedures performed by dental hygienists II, excluding any authority to:

(a) Give injections of a local anesthetic; or

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

(2) Dental hygienist II. This license authorizes all the acts and procedures lawfully delegated by a dentist and performed by licensed dental hygienists at the effective date of this section, or subsequently so authorized, and specifically includes authority to:

(a) Give injections of a local anesthetic; and

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

NEW SECTION. Sec. 3. The term dental hygienist, when used in this chapter without qualification to category I or category II, includes category I and category II licensees.

NEW SECTION. Sec. 4. Dental hygienist licenses that are valid at the effective date of this section shall become dental hygienist II licenses. Upon the next renewal of such a license, the renewal certificate shall state it is a dental hygienist II license. The licensee shall not be required to obtain, but may elect to obtain, an early renewal of the license, which renewal certificate shall state it is a dental hygienist II license.

NEW SECTION. Sec. 5. On the application, the applicant shall elect to apply for either a dental hygienist I license or dental hygienist II license. A dental hygienist I licensee may later apply for a dental hygienist II license without surrendering or jeopardizing the dental hygienist I license, except that upon successful application and issuance of the dental hygienist II license, the dental hygienist I license is canceled and the licensee then may be required by rule to surrender the dental hygienist I license.

Sec. 6. RCW 18.29.021 and 1989 c 202 s 1 are each amended to read as follows:

(1) The department shall issue a license to any applicant who, as determined by the director:

(a) Has successfully completed an educational program approved by the director. This educational program shall include course work encompassing the subject areas within the scope of the particular license to practice dental hygiene in the state of Washington for which the applicant has applied. For the dental hygienist I license, this does not include study of anesthesia or restorative dentistry beyond that level necessary to perform dental hygienist I duties;

(b) Has successfully completed an examination administered by the dental hygiene examining committee for the category of dental hygienist license for which the applicant has applied. For the dental hygienist I license, the examination shall not include anesthesia or restorative dentistry beyond that level necessary to perform dental hygienist I duties; and

(c) Has not engaged in unprofessional conduct or is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment.

(2) Applications for licensure shall be submitted on forms provided by the department. The department may require any information and documentation necessary to determine if the applicant meets the criteria for licensure as provided in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086. The fee shall be submitted with the application.

Sec. 7. RCW 18.29.045 and 1989 c 202 s 29 are each amended to read as follows:

An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the director in consultation with the advisory committee determines that the other state's licensing standards are substantively equivalent to the standards in this state: PROVIDED, That the director in consultation with the advisory committee may require the applicant to: (1) File with the director documentation certifying the applicant is licensed to practice in another state; and (2) provide information as the director deems necessary pertaining to the conditions and criteria of the uniform disciplinary act, chapter 18.130 RCW and to demonstrate to the director a knowledge of Washington law pertaining to the practice of dental hygiene.

The provisions of this section and determination of substantive equivalence shall be made separately as to the dental hygienist I license and the dental hygienist II license.

Sec. 8. RCW 18.29.050 and 1971 ex.s. c 235 s 1 are each amended to read as follows:

Any person licensed as a dental hygienist II in this state may remove deposits and stains from the surfaces of the teeth, may apply topical preventive or prophylactic agents, may polish and smooth restorations, may perform root planing and soft-tissue curettage, and may perform other dental operations and services delegated to them by a licensed dentist: PROVIDED HOWEVER, That licensed dental hygienists II shall in no event perform the following dental operations or services:

(1) Any surgical removal of tissue of the oral cavity;

(2) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician;

(3) Any diagnosis for treatment or treatment planning; or

(4) The taking of any impression of the teeth or jaw, or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.

((~~Such~~)) Licensed dental hygienists II may perform dental operations and services only under the supervision of a licensed dentist, and under such supervision may be employed by hospitals, boards of education of public or private schools, county boards, boards of health, or public or charitable institutions, or in dental offices: PROVIDED, That the number of hygienists so employed in any dental office shall not exceed twice in number the licensed dentists practicing therein.

NEW SECTION. Sec. 9. Dental hygienist I licensees shall have the same authority and scope of practice as dental hygienist II licensees excluding any authority to:

(a) Give injections of a local anesthetic; or

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

Sec. 10. RCW 18.29.060 and 1989 c 202 s 12 are each amended to read as follows:

Upon passing an examination and meeting the requirements as provided in RCW 18.29.021, the director of licensing shall issue to the successful applicant ((a)) the appropriate license as dental hygienist I or II. The license shall be displayed in a conspicuous place in the operation room where such licensee shall practice.

Sec. 11. RCW 18.29.130 and 1989 c 202 s 5 are each amended to read as follows:

In addition to any other authority provided by law, the director may:

(1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;

(2) Establish forms necessary to administer this chapter;

(3) Issue ((a)) the appropriate license to any applicant who has met the education and examination requirements for licensure as dental hygienist I or II and deny a license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

(4) Employ clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter;

(5) Maintain the official departmental record of all applicants and licensees;

(6) Establish, by rule, the minimum education requirements for licensure, including but not limited to approval of educational programs; and

(7) Establish and implement by rule a continuing education program.

NEW SECTION. Sec. 12. Sections 1 through 5, and 9 of this act are each added to chapter 18.29 RCW.