KRS § 313.040 Administrative regulations governing dental hygienists.

313.040 Administrative regulations governing dental hygienists. (1) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A relating to dental hygienists. The administrative regulations shall include at a minimum the classification of and licensure of dental hygienists, by examination or credentials, general supervision privileges, anesthesia registration, retirement of a license, reinstatement of a license, and charity licenses. (2) Renewal programs shall be organized to include continuing education approved by the board. (3) A licensed dental hygienist shall practice under the supervision, order, control, and full responsibility of a dentist licensed under this chapter and may practice: (a) In a dental office, public or private school, health care facility, or government institution with a dentist on staff; (b) Without the physical presence of a supervising dentist as provided in administrative regulations promulgated pursuant to subsections (6), (7), (8), and (9) of this section; or (c) Without a supervising dentist if providing screening services in accordance with subsection (10) of this section. (4) It shall be unlawful for a person or entity to practice dental hygiene in a manner that is separate or independent from the dental practice of a supervising dentist or to establish or maintain an office or practice that is primarily devoted to the provision of dental hygiene services. (5) A dental hygienist may be employed by the supervising dentist or under contract with a dentist licensed under this chapter who is one (1) of the following: (a) The employer of the supervising dentist; (b) A shareholder in a professional association formed under KRS Chapter 274 of which the supervising dentist is a shareholder; (c) A member or manager of a limited liability company formed under KRS Chapter 275 of which the supervising dentist is a member or manager; (d) A shareholder in a corporation formed under KRS Chapter 271B of which the supervising dentist is a shareholder; (e) A partner or employee of a partnership of which the supervising dentist is a partner or employee; or (f) A government entity that employs the dental hygienist to provide dental hygiene services in a public school in connection with other programs the government entity administers. (6) A dental hygienist may provide the following procedures in a volunteer community health setting without the supervision of a dentist: (a) Dental health education; (b) Nutritional counseling; (c) Preparing a generalized oral screening with subsequent referral to a dentist; (d) Applying fluoride on patients; (e) Demonstration of oral hygiene technique; and (f) Sealants. (7) (a) A dental hygienist may provide, for not more than fifteen (15) consecutive full business days, dental hygiene services to a patient when the supervising dentist is not physically present at the location at which the services are provided if all the following requirements are met: 1. The dental hygienist has at least three thousand (3,000) hours of work experience in the practice of dental hygiene; 2. The dental hygienist has successfully completed a course approved by the board in the identification and prevention of potential medical emergencies with reregistration in this course every two (2) years; 3. The dental hygienist complies with written protocols for emergencies the supervising dentist establishes; 4. The dental hygienist does not examine or provide dental health services to a patient who has not been examined by the supervising dentist within the previous eleven (11) months. The supervising dentist shall have completed and evaluated a medical and dental history of the patient and shall have placed a written order for treatment in the patient's file. The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to determine guidelines for the written order; and 5. A patient is notified in advance of an appointment for dental hygiene services when the supervising dentist will be absent from the location. The patient shall be required to sign an informed consent form, prior to treatment by the hygienist, acknowledging the dentist's absence. (b) The board shall promulgate administrative regulations to determine procedures the dental hygienist shall not be allowed to perform while the supervising dentist is absent from the work site. (8) A dental hygienist licensed by the board may practice as a public health hygienist and may provide dental hygiene services if: (a) The services are provided as part of a dental health program; (b) The program for which the hygienist works is operated through the Department for Public Health or a governing board of health; and (c) The hygienist performs only accepted standardized protocols which are contained within the scope of practice of dental hygiene and which are reviewed and approved by the Board of Dentistry and either the Department for Public Health or the dentist member of the governing board of health, as set out in administrative regulation. (9) A dental hygienist licensed by the board may make radiographs upon written order of the supervising dentist without the dentist being physically present. (10) A dental hygienist may provide screening services in any setting without the supervision of a dentist if: (a) The screening is conducted to fulfill the requirements of KRS 156.160(1)(j); and (b) Patients are informed that the service being provided is a screening and that only a dentist is licensed to make a definitive diagnosis of the need for dental care. Effective: April 13, 2026 History: Amended 2026 Ky. Acts ch. 131, sec. 7, effective April 13, 2026. -- Amended 2012 Ky. Acts ch. 27, sec. 3, effective July 12, 2012. -- Repealed and reenacted 2010 Ky. Acts ch. 85, sec. 7, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 443, sec. 18, effective July 13, 1990. -- Amended 1970 Ky. Acts ch. 120, sec. 6. -- Amended 1964 Ky. Acts ch. 12, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2636-3, 2636-10, 2636-19.