Practice Alert Regarding Dental Hygienists Performing Oral Myofunctional Therapy
The dental hygienists’ scope of practice is defined in Education Law, §6606 Definition of practice of dental hygiene and the Commissioner’s Regulations §61.19 Practice of Dental Hygiene. Dental hygienists must practice within their defined scope of practice, or they may be subject to a charge of unprofessional conduct pursuant to Board of Regents Rule §29.1 (b)(9). This Regents Rule specifically provides that it shall be unprofessional conduct to practice or offer to practice beyond the scope permitted by law.
Oral Myofunctional Therapy (OMT) is not within the dental hygiene scope of practice in New York State. Therefore, dental hygienists licensed in New York are prohibited from performing OMT while holding themselves out as dental hygienists. OMT is loosely defined as an exercise training program for the muscles around the face, mouth, and tongue. Many OMT courses and certifying bodies exist. However, dental hygienists may only receive continuing education credit for courses when the subject matter of the course is within their defined scope of practice.
Citations of Pertinent Laws, Rules, or Regulations:
- Education Law §6606 – Defines the Dental Hygienists’ scope of practice.
- Commissioner’s Regulation §61.9 – Practice of Dental Hygiene.
- Board of Regents Rule §29.1 General Provisions – Unprofessional Conduct.
New York State Education Law Continues to Require Protective Shielding for Dental Radiography
Reviews of recent studies and reports have led researchers to conclude that radiation doses from dentomaxillofacial imaging pose negligible risk. These studies and reports have led some organizations to recommend the discontinuation of patient shielding during dental X-rays. Dentists may be reading these studies and reports with interest, as well as with concern regarding how the discontinuation of patient shielding might impact their practices.
However, please note that Education Law §6611(7) still mandates the continued use of protective shielding for dental radiographs: https://www.op.nysed.gov/title8/education-law/article-133
*Although this law does not specifically state that dental assistants must comply with this requirement, dental assistants operate under the direct personal supervision of a licensed dentist. Therefore, the Department, in consultation with the New York State Board for Dentistry and upon its recommendation, advises that all individuals taking dental x-rays follow these precautions.
Sleep Apnea Practice Alert
Pursuant to Education Law §6601, the practice of dentistry includes, among other things, the prescribing and fabrication of dental prostheses and appliances. Thus, a dentist may fabricate an intra-oral sleep disorder appliance only following a definitive diagnosis by a licensed physician and a patient specific order. However, administering sleep apnea tests in the dental office or giving at home tests are not within the scope of practice of a dentist and/or dental hygienist.
Furthermore, under Education Law §§6604-A(4) and 6609-A(4), acceptable formal continuing education for dentists and dental hygienists shall mean formal programs of learning which contributes to professional practice and which meet the standards prescribed by the Commissioner’s regulations. Sleep medicine is not a recognized dental specialty in New York State. Therefore, in order to use course work in sleep medicine to meet mandatory continuing education requirements for dentists and dental hygienists, the course must address content relative to fabrication of intra-oral sleep disorder appliances and care/maintenance of the oral appliances.