007.46.24 Ark. Code R. 001

Current through Register Vol. 49, No. 12, December, 2024

Rule 007.46.24-001 - Rules Pertaining to Dental Hygienists Serving Underserved Areas

RULES FOR EMERGENCY MEDICAL SERVICES

SECTION I.AUTHORITY

The following Rules Pertaining to Dental Hygienists Serving Underserved Areas are duly adopted and promulgated by the Arkansas Board of Health pursuant to the authority expressly conferred by the laws of the State of Arkansas, including Ark. Code Ann. § 17-82-706.

SECTION II.PURPOSE

To protect the health of the citizens of Arkansas by promulgating rules providing limited governance of the services provided by a dental hygienist working under a collaborative care permit program with a licensed dentist.

SECTION III.DEFINITIONS

For the purposes of these Rules, the following words and phrases when used herein shall be construed as follows:

(A) "Collaborative agreement" means a written agreement between a dentist licensed by the Arkansas State Board of Dental Examiners and a dental hygienist licensed by the Arkansas State Board of Dental Examiners providing that the dental hygienist may provide prophylaxis, fluoride treatments, sealants, dental hygiene instruction, assessment of a patient's need for further treatment by a dentist and if delegated by the consulting dentist other services provided by law to children, senior citizens and persons with developmental disabilities in a public setting without the supervision and presence of the dentist and without a prior examination of the persons by the dentist.

(B) "Collaborative dental hygienist" means a dental hygienist who holds a Collaborative Care Permit I, a Collaborative Care Permit II, or both from the Arkansas State Board of Dental Examiners and who has entered into a collaborative agreement with no more than one (1) consulting dentist regarding provision of services under this subchapter.

(C) "Consulting dentist" means a dentist who holds a Collaborative Dental Care Permit from the Arkansas State Board of Dental Examiners and:

(1) If engaged in the private practice of dentistry, has entered into a collaborative agreement with no more than three (3) collaborative dental hygienists regarding the provision of services under this subchapter; or

(2) Is employed by the Arkansas Department of Health.

(D) "Public settings" means:

(1) Adult long-term care facilities;

(2) Charitable health clinics that provide free or reduced-fee services to low-income patients;

(3) Community health centers;

(4) County incarceration facilities;

(5) Facilities that primarily serve individuals with intellectual or other developmental disabilities;

(6) Head Start programs;

(7) Homes of Homebound patients who qualify for in-home medical assistance;

(8) Hospital long-term care units;

(9) Local health units;

(10) Schools; or

(11) State correctional institutions.

SECTION IV.SPECIFIC REQUIREMENTS

The Arkansas Department of Health Office of Oral Health shall determine prioritization of communities in which collaborative services are permitted based upon provider availability, relevant oral health surveillance data, and other applicable public health datasets deemed appropriate by the Department of Health.

(A) Services will be limited to public settings, including but not limited to:

(1) Adult Long-Term Care Facilities;

(2) Charitable clinics that provide free or reduced-fee services to low income patients;

(3) Community Health Centers;

(4) County incarceration facilities;

(5) Facilities that primarily serve developmentally disabled patients;

(6) Head Start Programs;

(7) Homes of Homebound patients who qualify for in-home medical assistance;

(8) Hospital long-term care units;

(9) Local Health Units;

(10) State Correctional Institutions; or

(11) Schools.

(B) Patients will be encouraged to establish a dental home.

(C) A consulting dentist in a collaborative care program with a dental hygienist must consult the Office of Oral Health, Arkansas Department of Health, for permission to practice collaborative care in prioritized areas. Permission must be confirmed annually.

(D) The Office of Oral Health will keep appropriate records.

(E) The Office of Oral Health shall publish to the Department of Health website a directory of datasets and reports that will be utilized when assessing a community's oral health indicators to determine priority areas, based on available provider's service area.

SECTION V.SEVERABILITY

If any provision of these Rules or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or applications of these Rules which can give effect without the invalid provisions or applications, and to this end, the provisions hereto are declared severable.

SECTION VI.REPEAL

All rules and parts of rules in conflict herewith are hereby repealed.

007.46.24 Ark. Code R. 001

Adopted by Arkansas Register Volume 49, Number 11, Effective 11/4/2024