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H. B. No. 431 *HR26/R1449SG* ~ OFFICIAL ~ G1/2
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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Felsher, Hall
HOUSE BILL NO. 431
(As Sent to Governor)
AN ACT TO AMEND SECTION 73-9-5, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE DENTAL HYGIENISTS EMPLOYED BY THE STATE BOARD OF HEALTH 2
OR PUBLIC SCHOOL BOARDS WHO ARE PERFORMING ORAL HYGIENE 3
INSTRUCTION AND SCREENING AND DENTAL HYGIENISTS WHO ARE MAKING 4
PUBLIC DEMONSTRATIONS OF DENTAL HYGIENE FOR EDUCATIONAL PURPOSES 5
TO PERFORM THOSE ACTIVITIES UNDER THE GENERAL SUPERVISION AND 6
DIRECTION OF REGULARLY LICENSED AND REGISTERED DENTISTS WITHOUT 7
HAVING TO MEET THE OTHER REQUIREMENTS AND CONDITIONS FOR PRACTICE 8
UNDER GENERAL SUPERVISION; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 73-9-5, Mississippi Code of 1972, is 11
amended as follows: 12
73-9-5. (1) For the purpose of this chapter, a dental 13
hygienist shall be an individual who has completed an accredited 14
dental hygiene education program, passed the national dental 15
hygiene board and is licensed by the State Board of Dental 16
Examiners to provide, as an auxiliary to the dentist, preventive 17
care services including, but not limited to, scaling and 18
polishing. In fulfilling these services, dental hygienists 19
provide treatment that helps to prevent oral disease such as 20
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dental caries and periodontal disease and for educating patients 21
in prevention of these and other dental problems. 22
(2) No person shall practice dental hygiene in a manner that 23
is separate or independent from a supervising dentist, or 24
establish or maintain an office or a practice that is primarily 25
devoted to the provision of dental hygiene services. 26
(3) Under general supervision, a dental hygienist may 27
provide to patients of record, for not more than ten (10) 28
consecutive business days, all dental hygiene services (except the 29
administration of nitrous oxide inhalation or local anesthesia, 30
which must be under direct supervision) if all of the following 31
conditions are satisfied: 32
(a) The dental hygienist has practiced dental hygiene 33
in the State of Mississippi for a minimum of five (5) years, such 34
five-year period having been determined by the board as equivalent 35
to a minimum of six thousand (6,000) hours of dental hygiene 36
practice; 37
(b) The dental hygienist has current CPR certification 38
and complies with the established protocols for emergencies that 39
the supervising dentist has established; 40
(c) The supervising dentist examined the patient of 41
record not more than seven (7) months before the date that the 42
dental hygienist provides the dental hygiene services; 43
(d) The dental hygienist provides dental hygiene 44
services to the patient of record in accordance with a written 45
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treatment protocol prescribed by the supervising dentist for the 46
patient; 47
(e) The patient of record is notified in advance of the 48
appointment that the supervising dentist will be absent from the 49
location; 50
(f) No licensed dental hygienist, under general 51
supervision, may delegate or supervise any dental hygiene duties 52
for a dental assistant; and 53
(g) The supervising dentist is responsible for all 54
actions of the dental hygienist during treatment of patients under 55
general supervision. 56
(4) The following limitations also apply to the practice of 57
dental hygiene under general supervision: 58
(a) No entity may employ dental hygienists to provide 59
treatment for patients of record under general supervision other 60
than: 61
(i) A nonprofit entity that meets the statutory, 62
regulatory and program requirements for grantees supported by the 63
Public Health Service and that has supervision by a Mississippi 64
licensed dentist; or 65
(ii) An office owned by a dentist or group of 66
dentists licensed in Mississippi. 67
(b) No duly licensed and registered dentist shall 68
supervise more than three (3) dental hygienists under general 69
supervision at any one time. 70
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(c) No duly licensed and registered dentist shall 71
supervise a dental hygienist for more than ten (10) consecutive 72
business days or for more than twenty-four (24) total days in any 73
calendar year. 74
(d) No patient may be seen twice consecutively under 75
general supervision. 76
(e) An examination fee must not be charged if a patient 77
is seen under general supervision. 78
(f) The patient undergoing dental hygiene services 79
under general supervision must be a minimum of eighteen (18) years 80
of age, and either ASA Class I or ASA Class II as defined by the 81
American Society of Anesthesiologist Physical Status 82
Classification System. 83
(5) * * * A dental hygienist licensed in Mississippi may 84
perform radiographs, oral prophylaxis, and place fluoride varnish 85
without a Mississippi licensed dentist being physically present in 86
the office if all of the other conditions of this section are met. 87
(6) The board shall be authorized to assess the need for 88
dental hygiene services in nursing facilities and correctional 89
facilities and authorize the general supervision of dental 90
hygienists in those facilities, provided that such dental hygiene 91
services are provided in accordance with all of the conditions of 92
this section. 93
(7) The following dental hygienists may perform the 94
specified activities under the general supervision and direction 95
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ST: Dental hygienists; those employed by SDH or
making educational demonstrations may practice
under general supervision.
of regularly licensed and registered dentists without having to 96
meet the other requirements and conditions of this section: 97
(a) Dental hygienists employed by the State Board of 98
Health or public school boards who are only performing oral 99
hygiene instruction and screening, including applying fluoride 100
varnishes as part of such instruction and screening; and 101
(b) Dental hygienists recognized by the board when 102
making public demonstrations of dental hygiene for educational 103
purposes. 104
SECTION 2. This act shall take effect and be in force from 105
and after its passage. 106