Act No. 289

Public Acts of 2012

Approved by the Governor

August 1, 2012

Filed with the Secretary of State

August 1, 2012

EFFECTIVE DATE: August 1, 2012

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. Kowall, MacMaster, Denby, Liss, Hovey-Wright, Goike, Muxlow, Haines, Yonker, Crawford, Huuki, Rogers, Hughes, LaFontaine, Bumstead, Outman, Brunner, Bauer, Slavens, Haveman, Kurtz, Damrow, Cotter and Wayne Schmidt

ENROLLED HOUSE BILL No. 4718

AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 16626.

The People of the State of Michigan enact:

Sec. 16626. (1) Subject to subsection (2), and notwithstanding section 16601(1)(f) or the rules promulgated under section 16625(1), a dental hygienist may utilize a dental assistant to act as his or her second pair of hands.

(2) Notwithstanding section 16601(1)(e) or the rules promulgated under section 16625(1), a dental assistant may function as a second pair of hands for a dentist or dental hygienist if all of the following are met:

(a) The dentist or dental hygienist is actively performing services in the mouth of a patient at the time the dental assistant is assisting him or her.

(b) If the dental assistant is assisting a dental hygienist, a supervising dentist has assigned the dental assistant to act as the dental hygienist’s second pair of hands.

(3) This section does not require new or additional third party reimbursement or mandated worker’s compensation benefits for services rendered by an individual licensed as a dental assistant or as a dental hygienist under this article.

(4) As used in this section, “second pair of hands” means that term as defined in R 338.11101 of the Michigan administrative code.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor