June 19, 2008, Introduced by Senator VAN WOERKOM and referred to the Committee on Families and Human Services.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16625 (MCL 333.16625), as amended by 2005 PA
161.
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
community health shall designate a person as a grantee health
agency for a 2-year period if the person applies to the department
of community health on a form provided by the department of
community health and meets all of the following requirements:
(a) Is a public or nonprofit entity, or a school or nursing
home, that administers a program of dental care to a dentally
underserved population.
(b) Employs or contracts with at least 1 dentist or 1 dental
hygienist.
(c) Submits a program overview indicating the approximate
population to be served, the method by which the service is to be
provided, 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)
The On or before the
expiration of 60 days after the
effective date of the amendatory act that added subsection (6), the
director
of community health may shall
appoint an advisory
committee to assist the director of community health in designating
grantee health agencies under subsection (2) and to determine
whether the authority granted to community dental health
coordinators
under subsection (6) should continue. If
the The
director
of community health does appoint an advisory committee
under
this subsection, the director of 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) Notwithstanding any other section of this part or any
rules promulgated under this part and subject to subsection (6), a
community dental health coordinator may perform the following
procedures while under the supervision of a dentist and only in
those geographic areas designated by the board as containing
dentally underserved populations:
(a) Taking dental histories.
(b) Visually inspecting the oral cavity for carious lesions
and other hard tissue anomalies.
(c) Visually inspecting the soft tissues of the oral cavity.
(d) Taking radiographs.
(e) Taking vital signs.
(f) Dental charting and maintaining other patient treatment
records.
(g) Applying topical anesthetics.
(h) Applying fluoride agents.
(i) Providing oral health instruction.
(j) Cleaning and polishing removable oral appliances and
prostheses.
(k) Coronal polishing.
(l) Scaling for periodontal type I gingivitis patients.
(m) Manually removing debris from cavities.
(n) Placing glass ionomer materials and other temporary
materials.
(6) Except as otherwise provided in this subsection, the
authority granted to community dental health coordinators under
subsection (5) expires 4 years after the effective date of the
amendatory act that added this subsection. If the advisory
committee appointed under subsection (4) determines before the
original expiration date provided in this subsection that the
authority granted to community dental health coordinators should
continue, the advisory committee shall notify the director of
community health of that determination. Upon receipt of the
advisory committee's determination that the authority granted to
community dental health coordinators under subsection (5) should
continue, the director of community health shall issue an order to
that effect. If the authority granted to community dental health
coordinators is continued under this subsection beyond the original
expiration date provided in this subsection, the advisory committee
at any time may determine that the authority granted to community
dental health coordinators under subsection (5) should expire and
shall notify the director of community health of that
determination. Upon receipt of the advisory committee's
determination that the authority granted to community dental health
coordinators under subsection (5) should expire, the director of
community health shall issue an order to that effect. Neither the
director of community health nor the advisory committee has the
authority to reinstate or continue the authority granted to
community dental health coordinators under subsection (5) after
that authority has expired under this subsection.
(7) (5)
As used in this section:
(a) "Community dental health coordinator" means an individual
employed by a federally qualified health center, the Indian health
service, a state or county health clinic, or a dentist licensed
under this article who has satisfactorily completed a training
program accredited by the American dental association's workforce
models national coordinating and development committee and the
American dental association's curriculum committee.
(b) (a)
"Nursing home" means that
term as defined under
section 20109.
(c) (b)
"School" means a public
or private elementary or
secondary institution of learning for any grade from kindergarten
to 12.
(d) (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) The continuous availability of direct communication in
person or by radio, telephone, or telecommunication between the
supervised individual and a licensed health professional.
(ii) 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) The provision by the licensed supervising health
professional of predetermined procedures and drug protocol.