AN ACT Relating to dental hygienists; amending RCW 18.29.020, 18.29.031, 18.29.050, 18.29.060, and 18.29.070; adding new sections to chapter 18.29 RCW; adding new sections to chapter 43.131 RCW; creating a new section; and repealing RCW 18.29.075, 18.29.080, 18.29.090, 18.29.100, 18.29.005, 18.29.020, 18.29.031, 18.29.040, 18.29.050, 18.29.056, 18.29.060, 18.29.070, 18.29.900, 18.29.910, 18.29.---, 18.29.---, 18.29.---, and 18.29.---.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Committee" means the Washington state committee of dental hygiene.

(2) "Dental hygiene" means the performance of acts pursuant to this chapter requiring substantial specialized knowledge, judgment, and skill based upon the principles of the biological, physiological, behavioral, and sociological sciences in either:

(a) The observation, assessment, prediagnosis, care, or counsel in the maintenance of dental health or prevention of dental disease; or

(b) The performance of such additional acts requiring education and training that are recognized as proper to be performed by dental hygienists and dental hygienist practitioners licensed under this chapter and which shall be authorized by the committee of dental hygiene through its rules.

(3) "Dental hygienist" means a licensed dental hygienist.

(4) "Dental hygienist practitioner" means a qualified dental hygienist authorized under section 5 of this act to perform such dental operations and procedures independent of the supervision of a licensed dentist.

(5) "Department" means the department of licensing. (6) "Director" means the director of licensing or the director's designee.

Sec. 2. Section 28, chapter 16, Laws of 1923 as last amended by section 19, chapter 7, Laws of 1985 and RCW 18.29.020 are each amended to read as follows:

((~~Any citizen of this state of good moral character who shall have attained the age of eighteen years~~)) An applicant may file ((~~his~~)) an application for license as a dental hygienist in the manner provided by law on forms furnished by the director of licensing and shall submit with ((~~said~~)) the application proof of ((~~said applicant's~~)) his or her graduation from a ((~~training~~)) school for dental hygienists((~~. Said~~)) approved by the committee and of any other educational qualifications required by rule. The application shall be signed and sworn to by ((~~said~~)) the applicant. Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086 which shall accompany ((~~his~~)) the application.

Sec. 3. Section 14, chapter 168, Laws of 1983 as amended by section 29, chapter 287, Laws of 1984 and RCW 18.29.031 are each amended to read as follows:

The director of licensing shall appoint a committee of three licensed dental hygienists, one licensed dentist, and one public member to prepare and conduct examinations for dental hygiene licensure. The committee shall require an applicant for licensure to pass an examination consisting of written and practical tests upon such subjects and of such scope as the committee determines. The standards for passage of the examination shall be set by the committee. The committee shall designate those schools of dental hygiene from which graduation will be accepted as proof of an applicant's eligibility to take the dental hygiene licensing examination. Members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

At least two examinations shall be given each calendar year ((~~in conjunction with examinations for licensure of dentists under chapter 18.32 RCW~~)).

Sec. 4. Section 27, chapter 16, Laws of 1923 as last amended by section 1, chapter 235, Laws of 1971 ex. sess. and RCW 18.29.050 are each amended to read as follows:

Any person licensed as a dental hygienist 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, including excess restorative material extending beyond the cavo-surface margins of the tooth to establish functional anatomy, may administer local anesthesia, and may perform root planing and soft-tissue curettage, ((~~and~~)) including removal of sulcular epithelium. Dental hygienists may perform other dental operations and services delegated to them by a licensed dentist: PROVIDED HOWEVER, That licensed dental hygienists shall in no event perform the following dental operations or services:

(1) Any surgical removal of tissue ((~~of the oral cavity~~)). A dental hygienist may remove sulcular epithelium as involved in soft-tissue curettage for dental hygiene treatment;

(2) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician. A dental hygienist is authorized to purchase, possess, and administer topical anticariogenic legend drugs and injected local anesthetic legend drugs in connection with dental hygiene treatment pursuant to chapter 69.41 RCW;

(3) Any diagnosis for dental treatment or dental treatment planning. A dental hygienist may examine and explain conditions of the oral cavity for dental hygiene treatment and collect and interpret data for dental hygiene treatment; 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. A dental hygienist may take impressions for study models or for custom flouride trays.

Such licensed dental hygienists 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. 5. Any person licensed as a dental hygienist who possesses a baccalaureate level degree in dental hygiene from an accredited institution, who has passed an examination that covers the dental operations and procedures specified in RCW 18.29.050, and who has at least two years' experience supervised by a dentist, may practice dental hygiene operations and procedures independent of the supervision of a licensed dentist.

Sec. 6. Section 31, chapter 16, Laws of 1923 as last amended by section 21, chapter 7, Laws of 1985 and RCW 18.29.060 are each amended to read as follows:

Upon passing an examination as provided in RCW 18.29.031 the director of licensing shall issue to the successful applicant a license as dental hygienist. The license shall be displayed in a conspicuous place in the operation room where such licensee shall practice. In the event a license has lapsed for a period longer than two years, the licensee shall demonstrate competence to the satisfaction of the committee by examination, continuing education, or under other standards determined by the committee.

Sec. 7. Section 32, chapter 16, Laws of 1923 as last amended by section 22, chapter 7, Laws of 1985 and RCW 18.29.070 are each amended to read as follows:

Every person licensed as a dental hygienist shall pay on or before ((~~the first day of October of each year after a license is issued to him~~)) his or her birthdate each year a license renewal fee determined by the director as provided in RCW 43.24.086 and the license renewal certificate which shall be thereupon issued by the director of licensing shall be displayed with the license of said licensee.

NEW SECTION. Sec. 8. Members of the committee shall be immune from suit in any civil action based upon actions taken in the course of any dental hygienist examination or any other official act performed in good faith as members of the committee. Such immunity shall apply to employees and staff of the department when acting at the direction of the committee in the course of its official proceedings.

NEW SECTION. Sec. 9. Nothing in this chapter may be construed as prohibiting a person from practicing any profession for which a license has been issued under the laws of this state or specifically authorized by any other law of this state. This chapter does not apply to any employee or member of the armed forces of the United States in the discharge of his or her official duties. Nothing in this chapter may be construed as prohibiting a person from practicing any profession for which a license has been issued under the laws of this state or specifically authorized by any other law of this state. This chapter does not apply to any employee or member of the armed forces of the United States in the discharge of his or her official duties.

NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

(1) Section 29, chapter 279, Laws of 1984 and RCW 18.29.075;

(2) Section 34, chapter 16, Laws of 1923 and RCW 18.29.080;

(3) Section 35, chapter 16, Laws of 1923 and RCW 18.29.090; and

(4) Section 36, chapter 16, Laws of 1923, section 34, chapter 158, Laws of 1979 and RCW 18.29.100.

NEW SECTION. Sec. 11. Sections 5, 8, and 9 of this act are each added to chapter 18.29 RCW.

NEW SECTION. Sec. 12. A new section is added to chapter 43.131 RCW to read as follows:

The Washington state committee of dental hygiene and its powers and duties shall be terminated on June 30, 1990, as provided in section 13 of this act.

NEW SECTION. Sec. 13. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1991:

(1) Section 6, chapter 47, Laws of 1969 and RCW 18.29.005;

(2) Section 28, chapter 16, Laws of 1923, section 1, chapter 47, Laws of 1969, section 21, chapter 292, Laws of 1971 ex. sess., section 24, chapter 30, Laws of 1975 1st ex. sess., section 30, chapter 158, Laws of 1979, section 19, chapter 7, Laws of 1985, section 2 of this act and RCW 18.29.020;

(3) Section 14, chapter 168, Laws of 1983, section 29, chapter 287, Laws of 1984, section 3 of this act and RCW 18.29.031;

(4) Section 33, chapter 16, Laws of 1923, section 3, chapter 47, Laws of 1969, section 25, chapter 30, Laws of 1975 1st ex. sess., section 20, chapter 7, Laws of 1985 and RCW 18.29.040;

(5) Section 27, chapter 16, Laws of 1923, section 4, chapter 47, Laws of 1969, section 1, chapter 235, Laws of 1971 ex. sess., section 4 of this act and RCW 18.29.050;

(6) Section 63, chapter 279, Laws of 1984 and RCW 18.29.056;

(7) Section 31, chapter 16, Laws of 1923, section 32, chapter 158, Laws of 1979, section 4, chapter 277, Laws of 1981, section 21, chapter 7, Laws of 1985, section 6 of this act and RCW 18.29.060;

(8) Section 32, chapter 16, Laws of 1923, section 5, chapter 47, Laws of 1969, section 26, chapter 30, Laws of 1975 1st ex. sess., section 33, chapter 158, Laws of 1979, section 22, chapter 7, Laws of 1985, section 7 of this act and RCW 18.29.070;

(9) Section 37, chapter 16, Laws of 1923 and RCW 18.29.900;

(10) Section 38, chapter 16, Laws of 1923 and RCW 18.29.910;

(11) Section 5 of this act and RCW 18.29.---;

(12) Section 8 of this act and RCW 18.29.---; and

(13) Section 9 of this act and RCW 18.29.---.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.