Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 237 First Substitute (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• authorizes the practice of dental hygiene in a public health setting without general supervision and without a collaborative practice agreement with a dentist under certain conditions.

Every vote on this bill

Bill text

DENTAL HYGIENIST AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Jon Hawkins
LONG TITLE
General Description:
This bill amends provisions related to the practice of dental hygiene.
Highlighted Provisions:
This bill:
▸ authorizes the practice of dental hygiene in a public health setting without general
supervision and without a collaborative practice agreement with a dentist under
certain conditions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-69-801
, as last amended by Laws of Utah 2016, Chapter 348
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-69-801
 is amended to read:
58-69-801.
Dental hygienist -- Limitations on practice.
A dental hygienist licensed under this chapter may only practice dental hygiene:
(1) in an accredited dental or dental hygienist school to teach and demonstrate the
practice of dental hygiene;
(2) for a public health agency;
(3) under the supervision of a dentist, for an employee leasing company or temporary
personnel service company providing employees to a dentist or other person lawfully providing
dental services:
(a) under the indirect supervision of a dentist licensed under this chapter at any time
the dental hygienist is administering an anesthetic or analgesia as permitted under this chapter
or division rules made under this chapter;
(b) under the general supervision of a dentist licensed under this chapter within the
office of the supervising dentist and upon patients of record of the supervising dentist; and
(c) under the general supervision of a dentist licensed under this chapter, and the
practice is conducted outside of the office of the supervising dentist, if:
(i) the dental hygiene work performed is authorized by the supervising dentist as a part
of and in accordance with the supervising dentist's current treatment plan for the patient;
(ii) no anesthetic or analgesia is used;
(iii) the supervising dentist has determined the patient's general health and oral health
are so that the dental hygiene work can be performed under general supervision and with an
acceptable level of risk or injury as determined by the supervising dentist;
(iv) the supervising dentist accepts responsibility for the dental hygiene work
performed under general supervision; and
(v) (A) the dental hygienist's work is performed on a patient who is homebound or
within a hospital, nursing home, or public health agency or institution; and
(B) the patient is the supervising dentist's patient of record and the dentist has
examined the patient within six months prior to the patient's receiving treatment from a dental
hygienist under this Subsection (3); [
or
]
(4) under a written agreement with a dentist who is licensed under this chapter and who
is a Utah resident if:
(a) the dental hygienist practices in a public health setting;
(b) the dentist is available in person, by phone, or by electronic communication;
(c) the agreement provides that the dental hygienist shall refer a patient with a dental
need beyond the dental hygienist's scope of practice to a licensed dentist; and
(d) the dental hygienist obtains from each patient an informed consent form that
provides that treatment by a dental hygienist is not a substitute for a dental examination by a
dentist[
.
]
; or
(5) notwithstanding any other provision of this chapter, without general supervision
and without a collaborative practice agreement with a dentist if:
(a) the dental hygienist engages in the practice of dental hygiene in a public health
setting;
(b) prior to engaging in the practice of dental hygiene in a public health setting, the
dental hygienist notifies the division on a one-time basis in accordance with rules made by the
division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that
the dental hygienist will engage in the practice of dental hygiene in a public health setting;
(c) the dental hygienist assumes liability for the work done by the dental hygienist
while engaging in the practice of dental hygiene in a public health setting;
(d) the dental hygienist has liability insurance for the work done by the dental hygienist
while engaging in the practice of dental hygiene in a public health setting; and
(e) the dental hygienist:
(i) refers to a licensed dentist any patient with a dental need beyond the dental
hygienist's scope of practice encountered while engaging in the practice of dental hygiene in a
public health setting; and
(ii) sends to the licensed dentist all dental records for the patient generated by the
dental hygienist.