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sHB5399 / File No. 115 1
General Assembly File No. 115
February Session, 2026 Substitute House Bill No. 5399
House of Representatives, March 23, 2026
The Committee on Public Health reported through REP.
MCCARTHY VAHEY of the 133rd Dist., Chairperson of the
Committee on the part of the House, that the substitute bill
ought to pass.
AN ACT CONCERNING DENTISTRY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 20 -112a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2026): 2
(a) As used in this section: 3
(1) "Direct supervision" means a licensed dentist has authorized 4
certain procedures to be performed on a patient by a dental assistant or 5
an expanded function dental assistant with such dentist remaining on -6
site in the dental office or treatment facility while such procedures are 7
being performed by the dental assistant or expanded function dental 8
assistant and that, prior to the patient's departure from the dental office, 9
such dentist reviews and approves the treatment performed by the 10
dental assistant or expanded function dental assistant; 11
(2) "Indirect supervision" means a licensed dentist is in the dental 12
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office or treatment facility, has personally diagnosed the condition, 13
planned the treatment, authorized the procedures to be performed and 14
remains in the dental office or treatment facility while the procedures 15
are being performed by the dental assistant or expanded function dental 16
assistant and evaluates the performance of the dental assistant or 17
expanded function dental assistant; 18
(3) "Dental assistant" means a person who: (A) Has (i) completed on-19
the-job training in dental assisting under direct supervision, (ii) 20
successfully completed a dental assistant education program accredited 21
by the American Dental Association's Commission on Dental 22
Accreditation, or (iii) successfully completed a dental assistant 23
education program that is accredited or recognized by any national or 24
regional accrediting agency recognized by the United States 25
Department of Education; and (B) meets any requirements established 26
by the Commissioner of Public Health in regulations adopted pursuant 27
to subsection (f) of this section; 28
(4) "Expanded function dental assistant" means a dental assistant 29
who has passed the Dental Assisting National Board's certified dental 30
assistant or certified orthodontic assistant examination and then 31
successfully completed: (A) An expanded function dental assistant 32
program at an institution of higher education that is accredited by the 33
Commission on Dental Accreditation of the American Dental 34
Association that includes (i) educational courses relating to didactic and 35
laboratory preclinical objectives for skills used by an expanded function 36
dental assistant and that requires demonstration of such skills prior to 37
advancing to clinical practice, (ii) not less than four hours of education 38
in the area of ethics and professional standards for dental professionals, 39
and (iii) a comprehensive clinical examination administered by the 40
institution of higher education at the conclusion of such program; and 41
(B) a comprehensive written examination concerning certified 42
preventive functions and certified restorative functions administered by 43
the Dental Assisting National Board; and 44
(5) "Fluoride varnish treatment" means the application of a highly 45
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concentrated form of fluoride to the surface of the teeth. 46
(b) Each expanded function dental assistant shall: (1) Maintain dental 47
assistant or orthodontic assistant certification from the Dental Assisting 48
National Board; (2) conspicuously display his or her dental assistant or 49
orthodontic assistant certificate at his or her place of employment or 50
place where he or she provides expanded function dental assistant 51
services; (3) maintain professional liability insurance or other indemnity 52
against liability for professional malpractice in an amount not less than 53
five hundred thousand dollars for one person, per occurrence, with an 54
aggregate liability of not less than one million five hundred thousand 55
dollars while employed as an expanded function dental assistant; (4) 56
provide expanded function dental assistant services only under direct 57
or indirect supervision; and (5) meet any requirements established by 58
the Commissioner of Public Health in regulations adopted pursuant to 59
subsection (f) of this section. 60
(c) (1) A licensed dentist may delegate to a dental [assistants] assistant 61
such dental procedures as the dentist may deem advisable, including: 62
(A) The taking of dental x -rays if the dental assistant can demonstrate 63
successful completion of the dental radiation health and safety 64
examination administered by the Dental Assisting National Board or a 65
radiation health and safety competency assessment administered by a 66
dental education program in the state that is accredited by the American 67
Dental Association's Commission on Dental Accreditation ; (B) the 68
taking of impressions of teeth for study models; and (C) the provision 69
of fluoride varnish treatments. [Such procedures] A dentist delegating 70
the taking of dental x -rays pursuant to subparagraph (A) of this 71
subdivision shall approve the taking of dental x -rays by the dental 72
assistant and assume responsibility for such procedure, but need not 73
remain on-site in the dental office or treatment facility while the dental 74
assistant performs such procedure. The procedures described in 75
subparagraphs (B) and (C) of this subdivision shall be performed under 76
the direct supervision of a licensed dentist and the dentist providing 77
direct supervision shall assume responsibility for such procedures. 78
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(2) A licensed dentist may delegate to an expanded function dental 79
assistant such dental procedures as the dentist may deem advisable, 80
including: (A) The placing, finishing and adjustment of temporary 81
restorations and long -term individual fillings, capping materials and 82
cement bases; (B) oral health education for patients; (C) dental sealants; 83
(D) coronal polishing, provided the procedure is not represented or 84
billed as prophylaxis; (E) administration of topical anesthetic under the 85
direct supervision of the dentist prior to the administration of local 86
anesthetic by a dentist or dental hygienist; and (F) taking alginate 87
impressions of teeth, under the direct supervision of the dentist, for use 88
in study models, orthodontic appliances, whitening trays, mouth 89
guards or fabrication of temporary crowns. Such procedures shall be 90
performed under either direct or indirect supervision, except as 91
specifically provided in this subdivision, and the dentist providing such 92
supervision shall assume responsibility for such procedures. 93
(3) (A) No licensed dentist may delegate dental procedures to a dental 94
assistant or expanded function dental assistant unless the dental 95
assistant or expanded function dental assistant provides records 96
demonstrating successful completion of the Dental Assisting National 97
Board's infection control examination or an infection control 98
competency assessment administered by a dental education program in 99
the state that is accredited by the American Dental Association's 100
Commission on Dental Accreditation, except as provided in subdivision 101
(2) of this subsection, (B) a dental assistant may receive not more than 102
fifteen months of on-the-job training by a licensed dentist for purposes 103
of preparing the dental assistant for the infection control examination or 104
infection control competency assessment, and (C) any licensed dentist 105
who delegates dental procedures to a dental assistant shall retain and 106
make such records available for inspection upon request of the 107
Department of Public Health. 108
(4) On and after January 1, 2018, upon successful completion of the 109
Dental Assisting National Board's infection control examination or an 110
infection control competency assessment administered by a dental 111
education program in the state that is accredited by the American Dental 112
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Association's Commission on Dental Accreditation, each dental 113
assistant or expanded function dental assistant shall complete not less 114
than one hour of training or education in infection control in a dental 115
setting every two years, including, but not limited to, courses, including 116
online courses, offered or approved by a dental school or another 117
institution of higher education that is accredited or recognized by the 118
Commission on Dental Accreditation, a regional accrediting 119
organization, the American Dental Association or a state, district or local 120
dental association or society affiliated with the American Dental 121
Association or the American Dental Assistants Association. 122
(d) Except as provided in subsection (c) of this section, under no 123
circumstances may a dental assistant or expanded function dental 124
assistant engage in: (1) Diagnosis for dental procedures or dental 125
treatment; (2) the cutting or removal of any hard or soft tissue or 126
suturing; (3) the prescribing of drugs or medications that require the 127
written or oral order of a licensed dentist or physician; (4) the 128
administration of local, parenteral, inhalation or general anesthetic 129
agents in connection with any dental operative procedure; (5) the taking 130
of any final impression of the teeth or jaws or the relationship of the 131
teeth or jaws for the purpose of fabricating any appliance or prosthesis; 132
or (6) the practice of dental hygiene as defined in section 20-126l. 133
(e) Each licensed dentist employing or otherwise engaging the 134
services of an expanded function dental assistant shall: (1) Prior to hiring 135
or otherwise engaging the services of the expanded function dental 136
assistant, verify that the expanded function dental assistant meets the 137
requirements described in subdivision (4) of subsection (a) and 138
subdivisions (1) and (3) of subsection (b) of this section; (2) maintain 139
documentation verifying that the expanded function dental assistant 140
meets such requirements on the premises where the expanded function 141
dental assistant provides services; (3) make such documentation 142
available to the Department of Public Health upon request; and (4) 143
provide direct or indirect supervision to not more than two expanded 144
function dental assistants who are providing services at one time or, if 145
the dentist's practice is limited to orthodontics, provide direct or indirect 146
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supervision to not more than four expanded function dental assistants 147
who are providing services at one time. 148
(f) The Commissioner of Public Health, in consultation with the State 149
Dental Commission, established pursuant to section 20-103a, may adopt 150
regulations in accordance with the provisions of chapter 54 to 151
implement the provisions of this section. Such regulations, if adopted, 152
shall include, but need not be limited to, identification of the: (1) Specific 153
types of procedures that may be performed by a dental assistant and an 154
expanded function dental assistant, consistent with the provisions of 155
this section; (2) appropriate number of didactic, preclinical and clinical 156
hours or number of procedures to be evaluated for clinical competency 157
for each skill employed by an expanded function dental assistant; and 158
(3) the level of supervision, that may include direct or indirect 159
supervision, that is required for each procedure to be performed by an 160
expanded function dental assistant. 161
Sec. 2. (NEW) (Effective October 1, 2026 ) (a) As used in this section, 162
"cosmetic injection" means a nonsurgical procedure involving the 163
injection of a substance, including, but not limited to, botulinum toxin 164
or dermal filler, to alter or enhance a person's physical appearance. 165
(b) A dentist licensed pursuant to chapter 379 of the general statutes 166
may administer a cosmetic injection to a patient in the patient's face. 167
Sec. 3. Subsection (a) of section 20 -123 of the general statutes is 168
repealed and the following is substituted in lieu thereof (Effective October 169
1, 2026): 170
(a) No person shall engage in the practice of dentistry unless he or 171
she is licensed pursuant to the provisions of this chapter. The practice of 172
dentistry or dental medicine is defined as the diagnosis, evaluation, 173
prevention or treatment by surgical or other means, of an injury, 174
deformity, disease or condition of the oral cavity or its contents, or the 175
jaws or the associated structures of the jaws. The practice of dentistry 176
does not include: (1) The treatment of dermatologic diseases or 177
disorders of the skin or face; (2) the performance of microvascular free 178
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tissue transfer; (3) the treatment of diseases or disorders of the eye; (4) 179
ocular procedures; (5) the performance of cosmetic surgery or other 180
cosmetic procedures other than (A) those related to the oral cavity, its 181
contents, or the jaws , or (B) the administration of a cosmetic injection 182
pursuant to section 2 of this act; or (6) nasal or sinus surgery, other than 183
that related to the oral cavity, its contents or the jaws. 184
Sec. 4. Subsection (b) of section 20 -126c of the general statutes is 185
repealed and the following is substituted in lieu thereof (Effective July 1, 186
2026): 187
(b) Except as otherwise provided in this section, a licensee applying 188
for license renewal shall earn a minimum of twenty -five contact hours 189
of continuing education within the preceding twenty -four-month 190
period. Such continuing education shall (1) be in an area of the licensee's 191
practice; (2) reflect the professional needs of the licensee in order to meet 192
the health care needs of the public; and (3) include not less than one 193
contact hour of training or education in (A) any three of the [ten] twelve 194
mandatory topics for continuing education activities prescribed by the 195
commissioner pursuant to this subdivision, (B) [for registration periods 196
beginning on and after October 1, 2016, ] infection control in a dental 197
setting, and (C) prescribing controlled substances and pain 198
management. [For registration periods beginning on and after October 199
1, 2011, the] The Commissioner of Public Health, in consultation with 200
the Dental Commission, shall on or before October 1, 2010, and 201
biennially thereafter until October 1, 2026 , issue a list that includes ten 202
mandatory topics for continuing education activities that will be 203
required for the following two-year registration period. For registration 204
periods beginning on and after October 1, 2026, the commissioner, in 205
consultation with said commission, shall on or before October 1, 2026, 206
and biennially thereafter, issue a list that includes twelve mandatory 207
topics, including, but not limited to, the provision of dental care to 208
persons with an intellectual or developmental disability and identifying 209
victims of human trafficking, that will be required for the following two-210
year registration period. Qualifying continuing education activities 211
include, but are not limited to, courses, including on -line courses, 212
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offered or approved by the American Dental Association or state, 213
district or local dental associations and societies affiliated with the 214
American Dental Association; national, state, district or local dental 215
specialty organizations or the American Academy of General Dentistry; 216
a hospital or other health care institution; dental schools and other 217
schools of higher education accredited or recognized by the Council on 218
Dental Accreditation or a regional accrediting organization; agencies or 219
businesses whose programs are accredited or recognized by the Council 220
on Dental Accreditation; local, state or national medical associations; a 221
state or local health department; or the Accreditation Council for 222
Graduate Medical Education. Eight hours of volunteer dental practice 223
at a public health facility, as defined in section 20 -126l, or a temporary 224
dental clinic may be substituted for one contact hour of continuing 225
education, up to a maximum of ten contact hours in one twenty -four-226
month period. 227
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 20-112a
Sec. 2 October 1, 2026 New section
Sec. 3 October 1, 2026 20-123(a)
Sec. 4 July 1, 2026 20-126c(b)
Statement of Legislative Commissioners:
In Section 1(c)(1), "delegate to dental assistants" was changed to
"delegate to a dental [assistants] assistant" for consistency, and in
Section 4(b), "said commissioner" was changed to "said commission" for
accuracy.
PH Joint Favorable Subst.
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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
State Impact: None
Municipal Impact: None
Explanation
The bill has no fiscal impact to the state or municipalities . It makes
procedural changes regarding dental practice and continuing education
requirements.
The Out Years
State Impact: None
Municipal Impact: None
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OLR Bill Analysis
sHB 5399
AN ACT CONCERNING DENTISTRY.
SUMMARY
This bill allows dentists to administer nonsurgical cosmetic
injections, such as Botox or dermal fillers, on patients’ faces to change or
improve their physical appearance. Current law prohibits dentists from
performing cosmetic procedures, other than those related to the mouth
or jaw.
The bill eliminates the requirement that dentists must remain on-site
when delegating to a dental assistant the taking of dental x-rays.
By law, dentists’ continuing education (CE) must include, every two
years, one contact hour in any three of certain topics set by the
Department of Public Health (DPH) commissioner in consultation with
the state dental commission. Under the bill, starting with CE registration
periods beginning on or after October 1, 2026, DPH, in consultation with
the commission, must expand the list from 10 to 12 items and must add
to it (1) providing dental care to people with intellectual or
developmental disability and (2) identifying victims of human
trafficking. By law, dentists generally must complete 25 contact hours of
CE every two years, starting with their second license renewal.
The bill also makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2026, except July 1, 2026 , for the CE
provisions.
DENTAL ASSISTANTS TAKING X-RAYS
By law, dentists can delegate the taking of dental x -rays to dental
assistants who meet certain examination requirements. The bill
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eliminates the requirement that this happens only under the dentist’s
direction supervision, removing the need for the dentist to remain on -
site while the assistant takes x -rays. Similar to current law, it requires
the dentist to approve the assistant’s taking of x -rays and assume
responsibility for the assistant doing so.
COMMITTEE ACTION
Public Health Committee
Joint Favorable Substitute
Yea 30 Nay 1 (03/09/2026)