The Bills: SB 178 and HB 970
These bills are commonly described as workforce expansion route B. They would create/expand a “preventive/preventative dental assistant” role and authorize that role to perform limited preventive cleanings (often described publicly as above-the-gumline scaling/polishing) under dentist supervision.
What supporters say
Supporters (including the Virginia Dental Association, as reported publicly) say the goal is to:
- reduce long waits for routine care;
- increase practice capacity;
- let dental hygienists focus on below-the-gumline care while assistants handle limited above-the-gumline tasks.
What opponents are concerned about
Opponents argue this approach risks:
- incomplete care and delayed identification/treatment of periodontal disease;
- patient confusion (a “cleaning” that is not a full cleaning);
- insufficient or inconsistent training/competency verification;
- “productivity pressure” that can undermine safeguards in real-world settings.
Key questions legislators should answer (before expanding scope)
If lawmakers advance these bills, they should answer—clearly and in statute/regulation—at minimum:
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Patient eligibility: Which patients qualify for “above-the-gumline” scaling/polishing? How is periodontal status determined?
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Supervision definition: Is this direct or indirect supervision? Is a dentist required to examine the patient the same day?
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Independent competency: Is competency verified by an independent clinical exam, or primarily by employer attestation?
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Disclosure & consent: Will patients be told—explicitly—when care is provided by a preventive dental assistant rather than a hygienist?
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Outcome reporting: What adverse-event reporting, audits, or quality measurement will exist?
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Sunset & evaluation: Will Virginia require a time-limited pilot (sunset clause) and independent evaluation before permanent statewide expansion?
Recommended guardrails (if the bills move)
If the bills are not stopped, basic guardrails should include:
- clear eligibility criteria (exclude high-risk patients);
- explicit informed consent and patient-facing disclosure;
- independent competency testing and standardized curriculum;
- strong supervision requirements;
- mandatory reporting and Board oversight;
- a sunset clause.
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