Legal and Regulatory Updates for 2025

By David Palmer, Esq.

As we enter a new year, it's crucial to stay aware of legal and regulatory updates that influence sedation dentistry and, by extension, public oral health. These changes, from ACLS certification to regulations affecting dental hygienists, are enacted at the state level. Therefore, it's imperative to be proactive and keep a close eye on your state and local Dental Board regulations.

For your convenience, the DOCS Education Dental Sedation Regulation page* serves as a comprehensive resource for state-specific dental regulations. Simply click on your state on the interactive map to access the information. Moreover, you can sign up with your email to receive regular updates directly to your inbox, making it easier to stay informed.

Sedation Mandates

  • Alabama now requires oral conscious sedation permit holders to obtain ACLS before they renew on Oct 1, 2025.
  • As of Jan 1, 2025, Washington requires a pediatric endorsement to administer moderate sedation to pediatric patients ages 12 and younger.

Public Health Initiatives & Practice Mandates

  • Arkansas proposed legislation to repeal mandatory water fluoridation in 2025, leaving the hot-button issue up to local voters.
  • New York Governor Kathy Hochul signed legislation expanding access to fluoride treatment for pediatric dental patients. Under this legislation, more registered nurses and dental assistants could apply fluoride varnish to their patient's teeth.
  • Dental practices that handle patient credit card information must shift from the Payment Card Industry (PCI) data security standard (DDS) version 3.2.1 to PCI DSS version 4.0 by March 2025. Non-compliance can result in penalties and fines ranging from $20 to $5,000 or more.
  • California passed a law that removes barriers to becoming an orthodontic assistant. This bill eliminates excessive testing and work experience requirements, making it easier for individuals to enter the profession. The aim is to alleviate oral healthcare staffing issues in the state by increasing the number of qualified orthodontic assistants.

It's important to be aware of potential changes that are currently undergoing the formal review process. While there isn't a set date for when these proposals will become official, being informed about them will help you prepare for any future adjustments.

  • Vermont is issuing updated regulations that haven't been updated since 2010. Changes include updates for sedation, fast-track licensure, new standards for non-invasive dental hygienist techniques, scope of practice standards for dental therapists, and updated guidelines for standard of care for dentists, dental hygienists, and dental assistants.
  • Arizona is working on regulations requiring a pediatric endorsement to administer moderate sedation and 18 hours of continuing education every 3 years instead of 30 every 5 years. The regulation also limits minimal sedation to only a single drug not exceeding the MRD and will outline new requirements for working with a qualified anesthesia provider.
  • Pennsylvania is reviewing new regulations allowing hygienists to monitor nitrous oxide under the supervision of a dentist.
  • Pennsylvania democratic State Senator Jay Costa announced plans to reinstate Medicaid dental coverage under Senate Bill 955. Currently, cleanings and fillings are covered. Root canals, periodontal treatment, and emergency exams were eliminated from coverage in 2011 due to concerns over their expense.
  • Colorado issued a set of proposed changes in late November, increasing the hours required for the minimal sedation permit from 16 to 17 hours.

DOCS Education members can contact me at [email protected] with regulatory questions.

Author: David Palmer, Esq. is an attorney licensed in the Commonwealth of Pennsylvania. Having spent time in private and corporate practice, he specializes in compliance, contract negotiation, insurance regulations, and healthcare as legal counsel for DOCS Education.

 

*This resource is for informational purposes and does not constitute legal advice. You should consult your attorney for specific advice.

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