ARC 5748C

ARC 5748C

DENTAL BOARD[650]

Adopted and Filed

Rule making related to training for placing sealants

The Dental Board hereby amends Chapter 23, "Expanded Functions," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 153.33.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2267.

Purpose and Summary

These amendments allow dental assistants who complete expanded function training at the University of Iowa College of Dentistry or another program accredited by the Commission on Dental Accreditation to place sealants.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 13, 2021, as ARC 5381C.

The Board accepted written comments through February 5, 2021. Approximately 60 written comments were received from members of the Iowa Dental Association and the Iowa Academy of General Dentistry recommending that the amendments as proposed in the Notice be changed to designate the application of sealants by dental assistants as a Level 1 expanded function following training in this function at an accredited school. The Iowa Dental Hygienists' Association and one licensee submitted written comments in continued support of the designation of the application of sealants by dental assistants as a Level 2 expanded function, as originally proposed by the Board. Prior to publication of the Notice, the Iowa Dental Association and the Iowa Dental Hygienists' Association wrote a joint letter in support of the proposal to classify the application of sealants by dental assistants as a Level 2 expanded function. In January 2019, the Board pre-filed draft legislation, a version of which was later enacted as 2020 Iowa Acts, House File 2267, with the intent, and the agreement from stakeholders, that the ability to apply sealants be extended only to dental assistants who have completed Level 2 expanded function training.

No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on June 11, 2021.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, there is no impact on jobs because the individuals must be registered as dental assistants prior to completing the training and providing the additional service.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 650—7.4(17A,147,153).

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on August 18, 2021.

The following rule-making action is adopted:

Amend rule 650—23.6(153) as follows:

650—23.6(153) Level 2 expanded function procedures for dental hygienists and dental assistants.

23.6(1) Level 2 expanded function procedures for dental hygienists and dental assistants include:

a. Placement and shaping of amalgam following preparation of a tooth by a dentist;

b. Placement and shaping of adhesive restorative materials following preparation of a tooth by a dentist;

c. Polishing of adhesive restorative material using a slow-speed handpiece;

d. Fitting of stainless steel crowns on primary posterior teeth, and cementation after fit verification by the a dentist;

e. Tissue conditioning (soft reline only);

f. Extraoral adjustment to acrylic dentures without making any adjustments to the prosthetic teeth; and

g. Placement of intracoronal temporary fillings following preparation of a tooth by a dentist.

23.6(2) Level 2 expanded function procedures for dental assistants include the placement of sealants. The placement of sealants is included in the scope of practice for dental hygienists and is not considered an expanded function for dental hygienists.

23.6(2) 23.6(3) These Level 2 expanded function procedures refer to both primary and permanent teeth except as otherwise noted.

[Filed 6/14/21, effective 8/18/21]

[Published 7/14/21]

Editor's Note: For replacement pages for IAC, see IAC Supplement 7/14/21.