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201 KAR 8:562. Licensure of dental hygienists


Published: 2015

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      201 KAR 8:562. Licensure of dental hygienists.

 

      RELATES TO: KRS 214.615, 304.40 - 075,

313.030, 313.040, 313.060, 313.080, 313.130, 313.254

      STATUTORY AUTHORITY: KRS 214.615(2),

313.021(1)(a) - (c), 313.040(1), (2), (7), 313.254

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

313.040 requires the board to promulgate administrative regulations relating to

requirements and procedures for the licensure of dental hygienists. This

administrative regulation establishes requirements and procedures for the

licensure of dental hygienists.

 

      Section 1. General Licensure

Requirements. An applicant desiring licensure in the Commonwealth shall at a

minimum:

      (1) Understand, read, speak, and write

the English language with a comprehension and performance level equal to at least

the ninth grade of education, otherwise known as Level 4, verified by testing

as necessary;

      (2) Submit a completed, signed, and

notarized Application for Dental Hygiene Licensure with an email contact

address and an attached applicant photo taken within the past six (6) months;

      (3) Pay the fee required by 201 KAR

8:520;

      (4) Not be currently subject to

disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

      (5) Provide proof of completion of the

requirements of KRS 214.615(1);

      (6) Complete and pass the board’s jurisprudence

exam;

      (7) Provide proof of having current

certification in cardiopulmonary resuscitation (CPR) that meets or exceeds the

guidelines established by the American Heart Association, incorporated by reference

in 201 KAR 8:532;

      (8) Submit to a criminal background check

from the Administrative Office of the Courts in Kentucky, from the state or

states of residence for the last five (5) years, or by fingerprint;

      (9) Provide verification within three (3)

months of the date the application is received at the office of the board of

any license to practice dental hygiene held previously or currently in any

state or jurisdiction;

      (10) Provide proof that the applicant is

a graduate of a Commission on Dental Accreditation (CODA) accredited dental

hygiene school or college or dental hygiene department of a university;

      (11) Provide proof that the applicant has

successfully completed the National Board Dental Hygiene Examination, which is

written and theoretical, conducted by the Joint Commission on National Dental

Examinations; and

      (12) Provide a written explanation for

any positive returns on a query of the National Practitioner Data Bank.

 

      Section 2. Requirements for Licensure by

Examination. (1) Each individual desiring initial licensure as a dental

hygienist by examination shall complete all of the requirements established in

Section 1 of this administrative regulation.

      (2) Each individual desiring initial

licensure as a dental hygienist by examination shall successfully complete a

clinical examination within the five (5) years preceding the filing of his or

her Application for Dental Hygiene Licensure. The board shall accept the

following regional clinical examinations:

      (a) The examination of the Council of

Interstate Testing Agencies (CITA);

      (b) The examination of the Central

Regional Dental Testing Service (CRDTS);

      (c) The examination of the North East

Regional Board of Dental Examiners (NERB);

      (d) The examination of the Southern

Regional Testing Agency (SRTA); or

      (e) The examination of the Western

Regional Examining Board (WREB).

      (3) An individual desiring initial

licensure as a dental hygienist by examination more than two (2) years after

fulfilling all of the requirements of his CODA accredited dental hygiene education

shall:

      (a) Hold a license to practice dental

hygiene in good standing in another state or territory of the United States or

the District of Columbia; or

      (b) If the applicant does not hold a

license to practice dental hygiene in good standing, complete a board-approved

refresher course prior to receiving a license to practice dental hygiene in the

Commonwealth of Kentucky.

      (4) An applicant who has taken a clinical

examination three (3) times and failed to achieve a passing score shall not be

allowed to sit for the examination again until the applicant has completed and

passed a remediation plan prescribed by the board based on the applicant's

deficiencies.

 

      Section 3. Requirements for Licensure by

Credentials. Each individual desiring initial licensure as a dental hygienist

by credentials shall:

      (1) Complete all of the requirements established

in Section 1 of this administrative regulation;

      (2) Provide proof of having passed a

state, regional, or national clinical examination used to determine clinical

competency in a state or territory of the United States or the District of Columbia;

and

      (3) Provide proof that, for five (5) of

the six (6) years immediately preceding the filing of the application, the

applicant has been engaged in the active practice of dental hygiene while he or

she was legally authorized to practice dental hygiene in a state or territory

of the United States or the District of Columbia if the qualifications for the

authorization were equal to or higher than those of the Commonwealth of

Kentucky.

 

      Section 4. Requirements for Charitable Limited

Licensure. (1) Each individual desiring a charitable limited license shall:

      (a) Understand, read, speak, and write

the English language with a comprehension and performance level equal to at

least the ninth grade of education, otherwise known as Level 4, verified by

testing as necessary;

      (b) Submit a completed, signed, and

notarized Application for Charitable Dental Hygiene Licensure with an attached

applicant photo taken within the past six (6) month;

      (c) Not be subject to disciplinary action

pursuant to KRS Chapter 313 that would prevent licensure;

      (d) Have a license to practice dental

hygiene in good standing in another state; and

      (e) Provide a written explanation for any

positive returns on a query of the National Practitioner Data Bank.

      (2) An individual licensed pursuant to

this section shall:

      (a) Work only with charitable entities

registered with the Cabinet for Health and Family Services that have met

requirements of KRS 313.254 and 201 KAR 8:580;

      (b) Only perform procedures allowed by

KRS 313.254, which shall be completed within the duration of the charitable

event;

      (c) Be eligible for the provisions of

medical malpractice insurance procured pursuant to KRS 304.40-075;

      (d) Perform these duties without

expectation of compensation or charge to the individual and without payment or

reimbursement by any governmental agency or insurer;

      (e) Have a charitable limited license

that shall be good for two (2) years and expire during the regular dental

hygiene renewal cycle; and

      (f) Comply with reciprocity requirements

if applicable.

      1. A state that extends a reciprocal

agreement shall comply with this section.

      2. An individual shall notify the sponsor

of a charitable clinic and the board of the intent to conduct or participate in

the clinic.

      3. An individual conducting or

participate in a charitable clinic shall have a license to practice dental

hygiene in the state in which the dental hygienist practices.

 

      Section 5. Minimum Continuing Education

Requirements. (1) Each individual desiring renewal of an active dental hygiene

license shall complete thirty (30) hours of continuing education that relates

to or advances the practice of dental hygiene and would be useful to the

licensee in his practice.

      (2) Acceptable continuing education hours

shall include course content designed to increase:

      (a) Competency in treating patients who

are medically compromised or who experience medical emergencies during the

course of dental hygiene treatment;

      (b) Knowledge of pharmaceutical products

and the protocol of the proper use of medications;

      (c) Awareness of currently accepted

methods of infection control;

      (d) Knowledge of basic medical and

scientific subjects including, biology, physiology, pathology, biochemistry,

pharmacology, epidemiology, and public health;

      (e) Knowledge of clinical and

technological subjects;

      (f) Knowledge of subjects pertinent to

patient management, safety, and oral healthcare;

      (g) Competency in assisting in mass casualty

or mass immunization situations;

      (h) Clinical skills through the volunteer

of clinical charitable dental hygiene that meets the requirements of KRS

313.254;

      (i) Knowledge of office business

operations and best practices; or

      (j) Participation in dental or dental

hygiene association or society business meetings.

      (3) A minimum of ten (10) hours shall be

taken in a live interactive presentation format.

      (4) A maximum of ten (10) hours total may

be taken that meet the requirements of subsection (2)(h) - (j) of this section.

      (5) All continuing education hours shall

be verified by the receipt of a certificate of completion or certificate of

attendance bearing:

      (a) The signature of the provider;

      (b) The name of the licensee in

attendance;

      (c) The title of the course or meeting

attended or completed;

      (d) The date of attendance or completion;

      (e) The number of hours earned; and

      (f) Evidence of the method of delivery if

the course was taken in a live interactive presentation format.

      (6) It shall be the sole responsibility

of the individual dental hygienist to obtain documentation from the provider or

sponsoring organization verifying participation as established in subsection

(5) of this section and to retain the documentation for a minimum of five (5) years.

      (7) At license renewal, each licensee

shall attest to the fact that he or she has complied with the requirements of

this section.

      (8) Each licensee shall be subject to

audit of proof of continuing education compliance by the board.

 

      Section 6. Requirements for Renewal of a

Dental Hygiene License. (1) Each individual desiring renewal of an active

dental hygiene license shall:

      (a) Submit a completed, signed

Application for Renewal of Dental Hygiene Licensure with an email contact address;

      (b) Pay the fee required by 201 KAR

8:520;

      (c) Maintain with no more than a thirty

(30) day lapse, CPR certification that meets or exceeds the guidelines established

by the American Heart Association, incorporated by reference in 201 KAR 8:530,

unless a hardship waiver is submitted to and subsequently approved by the

board;

      (d) Meet the requirements of KRS

214.615(1); and

      (e) Meet the continuing education requirements

as established in Section 5 of this administrative regulation except in the

following cases:

      1. If a hardship waiver has been

submitted to and is subsequently approved by the board;

      2. If the licensee graduated in the first

year of the renewal biennium, in which case the licensee shall complete

one-half (1/2) of the hours as established in Section 5 of this administrative

regulation; and

      3. If the licensee graduated in the

second year of the renewal biennium, in which case the licensee shall not be

required to complete the continuing education requirements established in

Section 5 of this administrative regulation.

      (2) If a licensee has not actively

practiced dental hygiene in the two (2) consecutive years preceding the filing

of the renewal application, he or she shall complete and pass a board-approved

refresher course prior to resuming the active practice of dental hygiene.

 

      Section 7. Retirement of a License. (1)

Each individual desiring retirement of a dental hygiene license shall submit a

completed and signed Retirement of License Form.

      (2) Upon receipt of Retirement of License

Form, the board shall send written confirmation of retirement to the last known

address of the licensee.

      (3) A licensee shall not retire a license

that has pending disciplinary action against it.

      (4) Each retirement shall be effective

upon the processing of the completed and signed Retirement of License Form by

the board.

 

      Section 8. Reinstatement of a License.

(1) Each individual desiring reinstatement of a properly retired dental hygiene

license shall:

      (a) Submit a completed, signed, and

notarized Application for Dental Hygiene Licensure with an email contact

address and an attached applicant photo taken within the past six (6) months;

      (b) Pay the fee required by 201 KAR

8:520;

      (c) Show proof of having current

certification in CPR that meets or exceeds the guidelines established by the

American Heart Association, incorporated by reference in 201 KAR 8:532;

      (d) Provide verification within three (3)

months of the date the Application for Dental Hygiene Licensure is received at

the office of the board of any license to practice dental hygiene held

previously or currently in any state or jurisdiction;

      (e) Submit to a criminal background check

from the Administrative Office of the Courts in Kentucky, from the state or

states of residence for the last five (5) years, or by fingerprint; and

      (f) Provide a written explanation for any

positive returns on a query of the National Practitioner Data Bank.

      (2) If an individual is reinstating a

license that was retired within the two (2) consecutive years immediately

preceding the filing of the reinstatement application, the individual shall

provide proof of having met the continuing education requirements as established

in Section 5 of this administrative regulation within those two (2) years.

      (3) If the applicant has not actively

practiced dental hygiene in the two (2) consecutive years immediately preceding

the filing of the Application to Reinstate a Dental Hygiene License, the

applicant shall complete and pass a refresher course approved by the board.

      (4) If a license is reinstated in the

first year of a renewal biennium, the licensee shall complete all of the

continuing education requirements as established in Section 5 of this

administrative regulation prior to the renewal of his license.

      (5) If a license is reinstated in the

second year of a renewal biennium, the licensee shall complete one-half (1/2)

of the hours as established in Section 5 of this administrative regulation

prior to the renewal of his license.

 

      Section 9. Requirements for Verification

of Licensure. Each individual desiring verification of a dental hygiene license

shall:

      (1) Submit a signed and completed Verification

of Licensure or Registration Form; and

      (2) Pay the fee required by 201 KAR

8:520.

 

      Section 10. Requesting a Duplicate

License. Each individual desiring a duplicate dental hygiene license shall:

      (1) Submit a signed and completed

Duplicate License or Registration Request Form; and

      (2) Pay the fee required by 201 KAR

8:520.

 

      Section 11. Requirements for Local

Anesthesia Registration. (1) An individual who has completed a course of study

in dental hygiene at a board-approved CODA accredited institution on or after

July 15, 2010, which meets or exceeds the education requirements as established

in KRS 313.060(10) shall be granted the authority to practice local anesthesia

upon the issuance by the board of a dental hygiene license.

      (2) An individual licensed as a hygienist

in Kentucky and not subject to disciplinary action who desires to administer

local anesthesia and does not qualify to do so pursuant to Section 12(1) of

this administrative regulation shall complete a training and education course

as described in KRS 313.060(10).

      (3) The training and education course

shall be offered by at least one (1) of the following institutions in Kentucky:

      (a) University of Louisville School of

Dentistry;

      (b) University of Kentucky College of

Dentistry;

      (c) Western Kentucky University Dental Hygiene

Program; and

      (d) Kentucky Community Technical College

System Dental Hygiene Programs.

      (4) Training received outside of Kentucky

shall be from a CODA accredited dental or dental hygiene school and shall meet

the requirements established in KRS 313.060(10).

      (5) Once the required training is

complete the applicant shall:

      (a) Complete the Dental Hygiene Local

Anesthesia Registration Application; and

      (b) Pay the fee required by 201 KAR

8:520.

      (6) Individuals authorized to practice pursuant

to this provision shall receive a license from the board indicating

registration to administer local anesthesia.

      (7) A licensed dental hygienist shall not

administer local anesthesia if the licensee does not hold a local anesthesia registration

issued by the board.

      (8) A licensed dental hygienist holding a

local anesthesia registration from the board who has not administered block

anesthesia, infiltration anesthesia, or nitrous oxide analgesia for one (1)

year shall complete a board-approved refresher course prior to resuming

practice of that specific technique.

 

      Section 12. Requirements for General

Supervision Registration. (1) An individual licensed as a hygienist in Kentucky

and not subject to disciplinary action who desires to practice under general

supervision shall:

      (a) Complete the General Supervision

Registration Application;

      (b) Meet the requirements of KRS 313.040(7)(a);

      (c) Document through payroll records, employment

records, or other proof that is independently verifiable, the dates and hours

of employment by a dentist in the practice of dental hygiene that demonstrate

the required two (2) years and 3,000 hours of experience;

      (d) Successfully complete a live three

(3) hour course approved by the board in the identification and prevention of

potential medical emergencies that shall include, at a minimum, the following

topics:

      1. Medical history, including American

Society of Anesthesiologists (ASA) classifications of physical status;

      2. Recognition of common medical

emergency situations, symptoms, and possible outcomes;

      3. Office emergency protocols; and

      4. Prevention of emergency situations

during dental treatments.

      (2) An individual authorized to practice

pursuant to these provisions shall receive a license from the board indicating

registration to practice under general supervision.

      (3) A dentist who employs a dental

hygienist who has met the standards of this administrative regulation and who

allows the dental hygienist to provide dental hygiene services pursuant to KRS

313.040(7) shall complete a written order prescribing the dental service or

procedure to be done to a specific patient by the dental hygienist and shall

retain the original order in the patient's dental record.

      (4) The minimum requirements for the

written order shall include:

      (a) Medical history update;

      (b) Radiographic records requested;

      (c) Dental hygiene procedures requested;

      (d) Name of the patient;

      (e) Date of last oral examination;

      (f) Date of the written order; and

      (g) Signature of the dentist.

      (5) The oral examination of the patient

by the supervising dentist shall have been completed within the seven (7)

months preceding treatment by the dental hygienist practicing under general

supervision.

      (6) The supervising dentist shall

evaluate and provide to the board written validation of an employed dental hygienist’s

skills necessary to perform dental hygiene services established in KRS

313.040(7) as part of the General Supervision Registration Application.

      (7) The supervising dentist shall provide

a written protocol addressing the medically compromised patients who may or may

not be treated by the dental hygienist. The dental hygienist shall only treat

patients who are in the ASA Patient Physical Status Classification of ASA I or

ASA II as established in Guidelines for Teaching Pain Control and Sedation to

Dentists and Dental Students, 2007 Edition, American Dental Association.

      (8) A licensed dental hygienist shall not

practice under general supervision if the licensee does not hold a general

supervision registration issued by the board.

 

      Section 13. Requirements for Starting

Intravenous Access Lines. (1) An individual licensed as a dental hygienist in

Kentucky and not subject to disciplinary action pursuant to KRS Chapter 313 who

desires to start an intravenous (IV) access line while under the direct

supervision of a dentist who holds a sedation or anesthesia permit issued by

the board shall:

      (a) Submit a signed and completed

Application for Intravenous Access Line Registration;

      (b) Pay the fee required by 201 KAR

8:520; and

      (c) Submit documentation proving

successful completion of a board-approved course in starting IV access lines.

      (2) An individual authorized to practice

pursuant to this provision shall receive a license from the board indicating

registration to start IV access lines.

      (3) A licensed dental hygienist shall not

start an IV access line if the licensee does not hold a board-issued

registration to start IV access lines.

 

      Section 14. Requirements for Performing

Laser Debridement. (1) An individual licensed as a dental hygienist in Kentucky

and not subject to disciplinary action pursuant to KRS Chapter 313 who desires

to perform laser debridement while under the direct supervision of a dentist

licensed by the board shall:

      (a) Submit a signed and completed

Application for Laser Debridement Registration;

      (b) Pay the fee required by 201 KAR

8:520; and

      (c) Submit documentation proving

successful completion of a board-approved course in performing laser

debridement.

      (2) An individual authorized to practice pursuant

to this provision shall receive a license from the board indicating

registration to perform laser debridement.

      (3) A licensed dental hygienist shall not

perform laser debridement if the licensee does not hold a registration to do so

issued by the board.

 

      Section 15. Requirements for Public

Health Registered Dental Hygienist Registration. (1) An individual licensed as

a hygienist in Kentucky and not subject to disciplinary action who desires to

practice as a public health registered dental hygienist shall:

      (a) Submit a completed Public Health

Registered Dental Hygienist Application;

      (b) Meet the requirements established in

KRS 313.040(8);

      (c) Document through payroll records,

employment records, or other proof that is independently verifiable, the dates

and hours of employment by a dentist in the practice of dental hygiene that

demonstrate the required two (2) years and 3,000 hours of experience; and

      (d) During each renewal cycle,

successfully complete a live three (3) hour course that has been approved by

the board on the identification and prevention of potential medical emergencies

that shall include, at a minimum, the following topics:

      1. Medical history, including American

Society of Anesthesiologists (ASA) classifications of physical status;

      2. Recognition of common medical

emergency situations, symptoms, and possible outcomes;

      3. Office emergency protocols; and

      4. Prevention of emergency situations

during dental treatments.

      (2) An individual authorized to practice

pursuant to subsection (1) of this section shall receive a certificate from the

board indicating registration to practice as a public health registered dental

hygienist.

      (3) A public health registered dental

hygienist desiring to maintain certification as a public health registered

dental hygienist shall be required to complete at least five (5) hours of

continuing education in the area of public health or public dental health

during each renewal cycle.

      (4) Pursuant to KRS 313.040(8)(c), a

public health registered dental hygienist may practice in a government-created

public health program at the following sites:

      (a) Local health departments;

      (b) Public or private educational

institutions that provide Head Start, preschool, elementary and secondary

instruction to school-aged children under the jurisdiction of the State Board

of Education, and that have an affiliation agreement with the health department

of jurisdiction;

      (c) Mobile and portable dental health

programs under contract with a governing board of health; and

      (d) Public or private institutions under

the jurisdiction of a federal, state, or local agency.

      (5) A public health registered dental

hygienist shall perform dental hygiene services only under the supervision of

the governing board of health, as required by KRS 313.040(3)(b), as established

in KRS 313.040(8), and as identified by the Department for Public Health Practice

Reference.

      (a) These services shall be limited to

preventative services.

      (b) The public health registered dental

hygienist shall only treat a patient who is in the ASA Patient Physical Status

Classification of ASA I or ASA II as established in the current edition of

Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students,

American Dental Association.

      (c) The informed consent shall be

required prior to preventative services and shall include:

      1. The name of the public health entity,

including the name of the dentist, that assumes responsibility and control;

      2. An inquiry as to the current dentist;

and

      3. A statement that services are provided

by a dental hygienist without the direct supervision of a dentist.

      (d) This administrative regulation shall

not preclude a Kentucky-licensed dentist from directly participating in a

public health program referenced in subsection (4)(a), (b), (c), or (d) of this

section.

 

      Section 16. Issuance of Initial

Licensure. If an applicant has completed the requirements for licensure the

board shall:

      (1) Issue a license in sequential

numerical order; or

      (2) Deny licensure due to a violation of

KRS Chapter 313 or 201 KAR Chapter 8.

 

      Section 17. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) "Application for Dental Hygiene

Licensure", January 2011;

      (b) "Application for Charitable

Dental Hygiene Licensure", July 2010;

      (c) "Application for Renewal of

Dental Hygiene Licensure", May 2014;

      (d) "Retirement of License

Form", July 2010;

      (e) "Application to Reinstate a

Dental Hygiene License", July 2010;

      (f) "Verification of Licensure or

Registration Form", July 2010;

      (g) "Duplicate License or

Registration Request Form", July 2010;

      (h) "Dental Hygiene Local Anesthesia

Registration Application", July 2010;

      (i) "General Supervision

Registration Application", July 2010;

      (j) "Guidelines for Teaching Pain

Control and Sedation to Dentists and Dental Students", 2007 Edition;

      (k) "Application for Intravenous Access

Line Registration", July 2010;

      (l) "Application for Laser

Debridement Registration", July 2010; and

      (m) "Application for Public Health

Registered Dental Hygienist", May 2013.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky Board

of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222,

Monday through Friday, 8 a.m. through 4:30 p.m. This material is also available

on the board’s Web site at http://dentistry.ky.gov.

(37 Ky.R. 3027; 504; eff. 9-13-2011; 38 Ky.R. 1870; 39 Ky.R. 199; eff.

8-15-2012; TAm. 5-22-2013; 40 Ky.R. 2338; 2683; eff. 6-18-2014.)