Chapter 6: Federal and State Legislation Affecting Dental Hygiene Practice

Powerpoint + Review Questions + Outline

_____________ is enforced by governmental agencies.

I.e. regulates dental boards and emergency health operations.

Police Power

___________________ includes legal activities.

I.e. prevention initiatives or OSHA

Disease and injury prevention

_________________ analyzes issues using epidemiology and can be applied to health issues.

I.e. environmental law or community water

The law of populations

Who was the first to write statues pertaining to dental hygiene?

Dr. Alfred Fones

Which branch of government makes laws for each state, including laws affecting the licensing and practice of dental hygiene?

Legislative branch

Which branch of government carries out laws passed by the legislature and enforces laws made by the state legislature?

Executive branch

Which branch of government interprets the laws the legislature passes; judges do not make the laws but they interpret them?

Judicial branch

Which body of law is created and changed only by courts?

Common

Which body of law is created and changed by legislature?

Statutory

Which body of law is created and changed by people through their legislators?

Constitutional

Which body of law is delegated legislative power to an administrative agency?

Administrative

Where is a bill introduced?

the House or Senate

A bill is referred to relevant ____________ for review, amendment or rejection.

Committees

If a bill is approved by committee, it moves to the ____________ for debate and vote.

Floor

A bill has to pass in both ___________ to be a law.

Chambers

If a bill dies in committee, how might it live on?

Its key ideas may be reused in another bill

If both chambers of Congress pass a bill, it goes to the __________.

Governor

How many votes are required to veto a governor’s veto?

2/3 majority

___________________ are the state dental law(s) regarding scope of practice.

Dental Hygiene Practice Act

______________ describe the allowable scope of practice, necessary dental supervision requirements, requirements necessary to obtain a dental hygiene process, and suspension and revocation of licensure procedures.

Statutory laws

In most states. dental hygienists are governed by:

State dental boards

In which two states are dental hygienists governed by dental hygiene committees?

Iowa and New Mexico

True or False: State dental boards are composed of dentists and dental hygienists.

True

A ________ is a statement of general applicability that implements or interprets law, or defines the practice and procedure requirements of an agency of a state government.

Rule

How many states have various forms of unsupervised practice for hygienists?

Fourteen

How many states allow hygienists to enroll as Medicaid providers?

Nine

Which supervision type is defined as hygiene practice without any supervision required from a dentist?

Unsupervised/independent/collaborative

True or False: A dental referral is NOT necessary in unsupervised practice.

False

Changes to dental hygiene rules and regulations are imposed:

Annually

Which supervision type is defined as a hygiene practice without a dentist’s “physical present” supervision?

General supervision

Which supervision type is defined as the dentist must be in the facility during dental hygiene treatment?

Indirect

Which supervision type is defined as the dentist must be in the treatment operatory during dental hygiene treatment?

Direct

Which is NOT one of the three major areas of public health law?

Occupational Safety and Health Agency (OSHA)

Which branch of public law would be responsible for overseeing community water fluoridation?

Disease and injury prevention

By which of the following laws are dental boards enforced?

Police law

In the state of New Mexico, what was the reason for allowing dental hygienists to have collaborative practice?

This type of practice helps to reach the underserved populations

Legal changes to practice scope or supervision can impact the public’s access to dental hygiene care. Direct access to dental hygienists in schools, medical clinics, nursing facilities, and hospitals could improve the public’s health.

Both statements are true

Which state created the first dental hygiene committee, which has the power to make rules and regulations that apply to the dental hygiene profession?

California

Laws that affect the scope of practice of dental hygiene are enacted by:

State government

Legislative, executive, and judicial are the three branches of state government. They are found in both state and federal governments in the United States.

Both statements are true

What law has an effect on the licensing and practice of dental hygienists?

Administrative

Which of the following is NOT a body of law in state government?

Police law

Which of the following laws was created by the people, is the most powerful, and takes precedence over the other laws?

Constitutional law

Which laws are written laws that are enforced by the legislature?

Statutory laws

To which of the following does administrative law apply?

Both dental boards and dental hygiene committees

Dental hygiene practice laws are statutory in nature. They generally specify licensure fees.

The first statement is true, the second statement is false.

Dental hygiene laws are state specific; therefore, only individual state laws affect dental hygiene laws.

The first statement is true, the second statement is false

In order to implement a change in how dental hygienists practice, a __________ must become ________.

Bill; law

When trying to pass a state bill, the last step is to send it to the state governor. If the governor vetoes the bill, the bill is sent to the federal government.

The first statement is true, the second statement is false

A dental hygienist who lobbies for their profession does what?

Supports bills that impact the laws by which dental hygienists are governed

___________ can be a major issue in the utilization of dental hygienists.

Supervision

Does the following describe the Nebraska or Iowa Public Health Authorization:

-No experience requirement

-No dentist agreement required

-State-issued authorization

-Professional liability insurance required

-More independent practice model

Nebraska

Does the following describe the Nebraska or Iowa Public Health Authorization:

-One year of clinical experience required

-Written agreement with a dentist required

-Practice governed by standing orders and supervision agreement

-More collaborative practice model

-Annual reporting required

Iowa

How many dental hygiene positions are on the Nebraska dental board?

Two

Which state has a dental hygiene committee within the dental board?

Iowa