Utah Code § 58-69-801

Current through the 2024 Fourth Special Session

Section 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);

(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.

Utah Code § 58-69-801

Amended by Chapter 334, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 348, 2016 General Session ,§ 45, eff. 5/10/2016.

Amended by Chapter 343, 2015 General Session ,§ 3, eff. 5/12/2015.

Enacted by Chapter 116, 1996 General Session