Today's Law As Amended


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AB-733 Dental hygienists: registered dental hygienist in alternative practice: scope of practice.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1925.5 is added to the Business and Professions Code, to read:

1925.5.
 (a) In addition to the settings specified in Section 1925, a registered dental hygienist in alternative practice may practice pursuant to subdivision (a) of Section 1907, subdivision (a) of Section 1908, subdivisions (a) and (b) of Section 1910, Section 1910.5, and Section 1926.05 as an independent contractor for a physician and surgeon or medical practice on an individual who meets the requirements of subdivision (b).
(b) (1) A registered dental hygienist in alternative practice may offer the services identified in subdivision (a) to an individual who meets all of the following requirements:
(A) Is under 18 years of age or pregnant.
(B) Is enrolled in the Medi-Cal program.
(C) Has not utilized Medi-Cal dental program benefits in the past 12 months.
(2) A registered dental hygienist in alternative practice shall confirm individual patient information pursuant to this section in a manner consistent with state and federal law and only upon an executed agreement with the physician or medical practice. The agreement shall state the specific access to patient information the registered dental hygienist in alternative practice is allowed to access and the legal liabilities the hygienist will be responsible for based on violations of state or federal law.
(c) A registered dental hygienist in alternative practice shall refer a screened patient with possible oral abnormalities or conditions to a dentist for a comprehensive examination, diagnosis, and treatment plan. The registered dental hygienist in alternative practice shall utilize a statewide referral system to refer patients to dentists and coordinate care. To the extent that a statewide referral system is not available, the registered dental hygienist in alternative practice shall maintain an established relationship with a dental provider in the community to facilitate referrals and assist in care coordination. This relationship shall be formalized between the providers and available to the board upon request.
(d) The registered dental hygienist in alternative practice shall provide a written informed consent to the patient at each visit stating: “The services received today are limited to dental hygiene services and oral health counseling only. The patient should also receive an examination by a licensed dentist in order to diagnose any potential decay or other oral disease, including cavities. The patient should also receive a written prescription from their dentist in order to continue treatment by a registered dental hygienist in alternative practice.”
(e) To facilitate care coordination between a registered dental hygienist in alternative practice and a dentist, oral surgeon, or other licensed dental provider, and to the extent consistent with state and federal law, the registered dental hygienist in alternative practice shall provide to the patient’s established medical provider all relevant patient information, including, but not limited to, services provided pursuant to subdivision (a), noted medical conditions or other notes, and any referrals to another dental provider.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.