64328 This rulemaking will allow dental hygienists who have been administering local anesthetic and nitrous oxide to continue to do so by applying for authorization.

                                                     DEPARTMENT OF HEALTH

                                     

NOTICE OF FINAL RULEMAKING

                                     

The Director of the Department of Health, pursuant to the authority set forth under § 302(14) of the District of Columbia Health Occupation Revision Act of 1985 (“Act”), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02 (14)), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the adoption of the following amendments to Chapter 43 of Title 17 of the District of Columbia Municipal Regulations (DCMR).

 

The purpose of the proposed amendments is to create a grandfathering provision for dental hygienists who completed a training program under the Board’s previous regulations and who have been administering local anesthesia or nitrous oxide during the past two (2) years.

 

These rules were previously published as proposed rulemaking on March 13, 2009 at 56 DCR 2187.  No written comments were received in connection with that notice.  However, as a result of verbal comments relayed to the Board from the dental hygiene community, the Board voted to extend the grandfathering time period.  The revised rulemaking was thereafter republished on July 10, 2009 at 56 DCR 5599 for an additional comment period.  No comments have been received in connection with this notice and no changes have been made to the regulations from the previous publication. These regulations will become effective upon publication of this notice in the D.C. Register.

 

17 DCMR Chapter 43, DENTAL HYGIENE, is amended to read as follows:

 

A new section 4311.7 is added to read as follows:  

 

4311.7                          A District of Columbia licensed dental hygienist who was permitted to administer

                        local anesthesia and nitrous oxide in the District of Columbia pursuant to the

                        former 17 DCMR § 4311, may apply for authorization to administer in the

                        District by submitting the following:

 

(a)  A completed application and payment of the required fee;

(b)  A copy of a valid CPR certification for healthcare providers at the basic level;

 

(c)    Proof satisfactory to the Board of completion of a board-approved training program in the administration of local anesthesia and nitrous oxide which was completed between April 1, 2004 and January 31, 2009 and meeting the requirements under the regulations that were in effect at that time; and

 

(d)   Proof satisfactory to the Board that the dental hygienist has administered local anesthesia or nitrous oxide to at least twenty (20) patients during the two (2) years immediately preceding the date of the application.  Proof satisfactory to the Board may include a notarized affidavit from the applicant’s supervising dentist attesting to the applicant’s completion of the required number of procedures and the corresponding dates.