Governor Hochul has signed into law, as Chapter 457 of the Laws of 2024, A.7402-B (Peoples-Stokes) / S.9308-A (Fernandez) -- a bill that allows registered dental assistants and licensed practical nurses to apply topical fluoride varnish.  You can read the bill signed into law below (new language is underlined; deleted language is bracketed and struck through).  Governor Hochul's announcement on signing the law can also be read below.  The law took effect immediately on November 15, 2024.

STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7402--B
 
                               2023-2024 Regular Sessions
 
 
IN ASSEMBLY
 
                                      May 19, 2023
                                       ___________
 
        Introduced by M. of A. PEOPLES-STOKES, FAHY -- read once and referred to
          the  Committee  on Higher Education -- recommitted to the Committee on
          Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  said  committee -- again reported from said committee with
          amendments, ordered reprinted  as  amended  and  recommitted  to  said
          committee
 
        AN  ACT  to  amend  the  education law, in relation to permitting dental
          assistants and licensed practical nurses to perform the application of
          topical fluoride varnish
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
  1      Section  1.  Section  6608 of the education law, as amended by chapter
  2    512 of the laws of 2022, is amended to read as follows:
  3      § 6608. Definition of practice of  registered  dental  assisting.  The
  4    practice of registered dental assisting is defined as providing support-
  5    ive  services to a dentist in [his or her] such dentist's performance of
  6    dental services  authorized  under  this  article.  Such  support  shall
  7    include  providing  patient education, taking preliminary medical histo-
  8    ries and vital signs to be reviewed by the dentist, placing and removing
  9    rubber dams, selecting and prefitting provisional crowns, selecting  and
 10    prefitting  orthodontic bands, removing orthodontic arch wires and liga-
 11    ture ties, placing and removing matrix  bands,  taking  impressions  for
 12    study casts or diagnostic casts, removing periodontal dressings, placing
 13    and  removing  temporary  restorations,  application of topical fluoride
 14    varnish, and such other dental supportive  services  authorized  by  the
 15    dentist  consistent  with  regulations  promulgated by the commissioner,
 16    provided that such functions are performed  under  the  direct  personal
 17    supervision  of  a  licensed dentist in the course of the performance of
 18    dental services. Such  services  shall  not  include  diagnosing  and/or
 19    performing  surgical  procedures,  irreversible procedures or procedures
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11382-06-4
 

        A. 7402--B                          2
 
  1    that would alter the hard or soft tissue of the oral  and  maxillofacial
  2    area  or any other procedures determined by the department. The practice
  3    of registered dental assisting may be conducted in  the  office  of  any
  4    licensed  dentist  or  in  any  appropriately  equipped school or public
  5    institution but must be done under the direct personal supervision of  a
  6    licensed  dentist.  Direct  personal  supervision,  for purposes of this
  7    section, means supervision of dental procedures  based  on  instructions
  8    given  by a licensed dentist in the course of a procedure who remains in
  9    the dental office where the supportive  services  are  being  performed,
 10    personally  diagnoses the condition to be treated, personally authorizes
 11    the procedures, and before dismissal of the  patient,  who  remains  the
 12    responsibility of the licensed dentist, evaluates the services performed
 13    by  the  registered dental assistant. Nothing herein authorizes a regis-
 14    tered dental assistant to perform  any  of  the  services  or  functions
 15    defined as part of the practice of dental hygiene in accordance with the
 16    provisions  of  subdivision one of section sixty-six hundred six of this
 17    article, except those functions authorized pursuant to this section. All
 18    dental supportive services provided in this section may be performed  by
 19    currently  registered  dental hygienists either under a dentist's super-
 20    vision, as defined in regulations of the commissioner, or, in  the  case
 21    of  a  registered  dental hygienist working for a hospital as defined in
 22    article twenty-eight of the public health law, pursuant to a  collabora-
 23    tive  arrangement with a licensed dentist in accordance with subdivision
 24    one of section sixty-six hundred six of this article. Such collaborative
 25    arrangement shall not obviate or supersede any law or  regulation  which
 26    requires  identified  services to be performed under the personal super-
 27    vision of a dentist.
 28      § 2. Subdivision 2 of section 6902 of the education law, as amended by
 29    chapter 781 of the laws of 1990, is amended to read as follows:
 30      2. The practice of nursing as a licensed practical nurse is defined as
 31    performing tasks and responsibilities within the framework of  casefind-
 32    ing,  health  teaching,  health  counseling,  the application of topical
 33    fluoride varnish, and provision of supportive and restorative care under
 34    the direction of a registered professional nurse or licensed  physician,
 35    dentist  or other licensed health care provider legally authorized under
 36    this title and in accordance with the commissioner's regulations.
 37      § 3. This act shall take effect immediately.

Governor Hochul Signs Pediatric Fluoride Legislation to Improve Dental Health for New York's Kids

Legislation S.9308A/A.7402B Authorizes Additional Dental Health Professionals To Administer Fluoride Treatment, Expanding Access to Critical Public Health Tool

Governor Kathy Hochul signed legislation to allow greater access to fluoride treatments for pediatric dental patients.  Fluoride treatments work to prevent tooth decay and are an important part of pediatric dental health.  This legislation allows registered dental assistants and licensed practical nurses to apply topical fluoride varnish to teeth, greatly expanding the number of licensed professionals in the state who are authorized to provide this treatment.

“Fluoride is scientifically proven to prevent cavities and protect our kids' teeth,” Governor Hochul said.  “As a mom, I know how difficult it can be to get an appointment at the dentist's office and how critical it is for our kids to maintain good oral hygiene.  That's why I’m signing this legislation to expand access to fluoride treatments, keeping our kids healthy and strong.”

Legislation S.9308A/A.7402B improves children’s dental health by allowing more professionals to provide fluoride treatments in dental offices.  This is meant to increase the availability of the treatment, and provide greater efficiency in dental services.

State Senator Nathalia Fernandez said, “Dental disease should never stand in the way of a child’s health or success.  By expanding access to fluoride treatments, this legislation ensures more children can receive the preventive care they need, regardless of their circumstances.  This is a meaningful step toward breaking down barriers to care and addressing the disparities that have plagued underserved communities for far too long.  I thank Governor Hochul for signing this bill and prioritizing the health of New York’s children.”

Assembly Majority Leader Crystal Peoples-Stokes said, “I commend Governor Hochul for signing legislation I sponsored that will improve children’s dental health by making fluoride treatments more accessible.  Good dental health is a critical component of overall health and I will continue to explore ways to ensure as many children as possible receive dental fluoride treatments.”

New York State Health Commissioner Dr. James McDonald said, “Under Governor Hochul’s leadership, parents can be confident that their children will receive fluoride dental treatments that can significantly improve their child’s dental health, which as we know can impact the health of the entire body.  This legislation, allowing additional licensed professionals to apply the fluoride, will make accessing these treatments easier than ever.”