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SPONSOR: Sen. Pinkney & Rep. Harris
Sens. Hoffner, Huxtable, Wilson; Reps. Berry, Gorman,
Morrison, Ortega, Romer, Ross Levin, Snyder-Hall
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 283
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO DENTAL HYGIENE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 1101, Title 24 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows and redesignating accordingly:
3 § 1101. Definitions.
4 For purposes of this chapter:
5 (5) “Dental hygiene assessment” means the identification of an individual’s health behaviors, attitudes, and
6 oral health care status and needs for which a dental hygienist is educationally qualified and licensed to provide as
7 defined by the Board.
8 (14) “Oral prophylaxis” means the supra- and subgingival removal of biofilm, dental calculus, and extrinsic
9 stains from tooth and prosthetic structures to preserve oral health and prevent disease, along with the provision of
10 patient education to promote effective oral hygiene practices and overall oral health.
11 (14)(16)a. “Practice of dental hygiene” means the removal of calculus deposits, plaque and stains from all
12 surfaces of the teeth, and making instrumental examinations of the oral cavity, and assembling all necessary
13 information for use by the dentist in diagnosis and treatment planning, and the performance of such prophylactic or
14 preventive measures in the case of teeth, including the application of chemicals to the teeth and periodontal tissues,
15 designed and approved for the prevention of dental caries or periodontal disease, as the Board may authorize.
16 b. The “practice of dental hygiene” also includes all of the following:
17 the administration of 1. Administering local anesthesia under the direct supervision of a licensed
18 dentist and in accordance with requirements and standards that the Board shall establish by regulation. The
19 “practice of dental hygiene” does not include any other operation on the teeth or tissues of the mouth.
20 2. Prescribing, administering, and dispensing topical agents as follows:
21 A. Administering and dispensing topical agents under the standing order of a dentist providing
22 general supervision.
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23 B. Prescribing, administering, and dispensing fluoride under the standing order of a dentist
24 providing general supervision.
25 3. Applying sealants without the need for an examination by a dentist beforehand, provided the
26 patient will be seen by a dentist within 12 months of receiving treatment.
27 4. Engaging in dental hygiene assessment and planning treatment within the scope of the authority of
28 a dental hygienist as defined by the Board based on education and experience.
29 5. Providing direct access to prophylaxis without the need for an examination by a dentist
30 beforehand, provided the patient will be seen by a dentist within 12 months of receiving treatment.
31 6. Exercising direct supervision of dental assistants as prescribed by regulations that the Board shall
32 adopt.
33 c. The “practice of dental hygiene” does not include any other operation on the teeth or tissues of the
34 mouth.
35 (20) “Topical agents” means non-systemic agents, including topical oral antimicrobial agents, fluoride, and
36 desensitizing agents applied intraorally for the prevention and management of oral disease, for which a dental hygienist
37 is educationally qualified and licensed to provide as defined by the Board.
SYNOPSIS
This Act expands the scope of practice for dental hygienists in this State. Allowing dental hygienists to use the full
range of their education and expertise when providing oral health services will help alleviate provider shortages that make it
challenging for Delawareans to obtain dental care. In particular, this Act will help fill gaps in access to preventative oral
health care.
Oral health is inseparable from overall health, and patients are best served when care is delivered through an
integrated, team-based model. Dental hygienists play a vital and respected role in prevention, education, and early
identification of disease. A collaborative dental team where each provider practices at the top of their education within a
structured system of referral, communication, and accountability ensures patients receive timely preventative services along
with accurate diagnosis and appropriate treatment. This approach strengthens access while preserving the standard of care
and protecting the public.
This Act grants dental hygienists the authority to do all of the following, in addition to the services they currently
provide:
1. Administer and dispense topical agents under the standing order of a dentist providing general supervision.
2. Prescribe, administer, and dispense fluoride under the standing order of a dentist providing general supervision
3. Apply sealants without the need for a dentist to examine a patient beforehand, provided a dentist will see the
patient within 12 months of receiving treatment.
4. Engage in dental hygiene assessment and treatment planning within the scope of the authority of a dental
hygienist as defined by the Board of Dentistry and Denal Hygiene based on education and experience.
5. Provide direct access to prophylaxis without the need for a dentist to examine a patient beforehand, provided a
dentist will see the patient within 12 months of receiving treatment.
6. Directly supervise dental assistants in a manner to be prescribed by the Board of Dentistry and Dental Hygiene.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative
Drafting Manual.
Author: Senator Pinkney
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