HB-4996, As Passed House, June 29, 2005
June 23, 2005, Introduced by Reps. Vander Veen, Stahl, Gleason, Kahn, Walker, Newell, Mortimer, Green, Zelenko, Wojno, Clack, Hune, Moore, Amos, Jones, Gaffney, Murphy, Angerer, Byrnes, Garfield, Lemmons, Jr., Pearce, Booher, Shaffer, Ward, Robertson, Brandenburg, Meyer, Stakoe, Caswell, Nofs, Ball, Hildenbrand, Taub, Farrah, Gonzales and Lemmons, III and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16625 (MCL 333.16625), as amended by 1991 PA
58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16625. (1) The board may promulgate rules to prohibit or
otherwise restrict the assignment of procedures to a dental
hygienist or a dental assistant if the board determines that the
assignment constitutes or may constitute a danger to the health,
safety, or welfare of the patient or the public.
(2) Notwithstanding section 16601(1)(f) or the rules
promulgated under subsection (1), a dental hygienist may perform
dental hygiene services under the supervision of a dentist as part
of a program for dentally underserved populations in this state
conducted by a local, state, or federal grantee health agency for
patients
who are not assigned by a dentist. The director of public
community health shall designate a person as a grantee health
agency for a 2-year period if the person applies to the department
of public
community health on a form provided by the department
of public
community health and meets all of the following
requirements:
(a)
Is a public or nonprofit agency administering entity, or
a school or nursing home, that administers a program of dental care
to a dentally underserved population.
(b)
Obtains more than 50% of its total revenue from public or
nonprofit
organization sources.
(b) (c)
Employs or contracts with at least 1 dentist and
or 1 dental hygienist.
(d)
Is not associated with a private dental practice or an
incorporated
dental service provider whose only source of state or
federal
funding is reimbursement under the program for medical
assistance
administered by the department of social services under
the
social welfare act, Act No. 280 of the Public Acts of 1939,
being
sections 400.1 to 400.121 of the Michigan Compiled Laws.
(c) (e)
Submits a program overview indicating the
approximate population to be served, the method by which the
service
is to be provided, and the procedures for program
oversight and direction, and the name and license number of the
dentist and dental hygienist, if applicable, who are performing
services under the program.
(3) Within 10 business days after the department approves an
application and designates a grantee health agency under subsection
(2), the department shall notify the board of the designation in
writing or make the information electronically available.
(4) (3)
The director of public community health may
appoint
an advisory committee to assist the director of public
community health in designating grantee health agencies under
subsection
(2). If the director of public community
health does
appoint an advisory committee under this subsection, the director
of public
community health shall include on the advisory
committee, at a minimum, a representative from the Michigan dental
hygienist association or its successor organization and a
representative from the Michigan dental association or its
successor organization.
(5) (4)
As used in this section: ,
"supervision"
(a) "Nursing home" means that term as defined under section
20109.
(b) "School" means a public or private elementary or secondary
institution of learning for any grade from kindergarten to 12.
(c) "Supervision" means the overseeing of or participation in
the work of any other individual by a health professional licensed
under this article in circumstances in which 1 or more of the
following exist:
(i) (a)
The continuous availability of direct communication
in person or by radio, telephone, or telecommunication between the
supervised individual and a licensed health professional.
(ii) (b)
The availability of a licensed health professional
on a regularly scheduled basis to review the practice of the
supervised individual, to provide consultation to the supervised
individual, to review records, and to further educate the
supervised individual in the performance of the individual's
functions.
(iii) (c)
The provision by the licensed supervising health
professional of predetermined procedures and drug protocol.