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.